delegated legislation

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  • Created by: Eth01
  • Created on: 26-05-24 21:24

Types

Statutory instument- most common type about 3k per year used to amend existing acts without creating whole new law, eg minimum wage act. created by ministers and govenment departments  given powers to make laws concerning tier areas of jurisdiction example minimum wage act changed is  each year

Bylaws- created by companies and private places  like local authorities for things concering their own matters eg praking restrictions in a supermarket saves parliamentary time from having to create laws for the comapnies. Must be approeved by relevant gov minister,  not subject to affermative resolution but are subject to judical review. example local govenment act 1972 

orders in council- created by members of the HOL and king  cretaes laws that do not have to go through HOC saving time, ords will pur forward pre disscussed laws to king, often used to transfer power between govenment bodies example burial act 1853

Advantages

saves government time as they do not have to go through all the stages 

Orders in council made with expert knowledge so laws are more specific 

Disadvantages

SIs are hard to control as many per year created cannot check all of them 

risk of sub delagagation 

made by undemocratic unelected people 

could be open to abuse of powers 

most controls are reactive so until a problem…

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