Delegated Legislation

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  • Created by: Bridie
  • Created on: 12-04-11 17:09
  • There are three types of delegated legislation; Orders in council, statutory instruments and bylaws.

Orders In Council

  • The Queen and the Privy Council have the authority to make orders in council
  • The Privy Council is made up of the Prime Minister and other leading members of the Government
  • This type of delegated legisation effectively allows the Government to make legislation without going through Parliament
  • It's main use today is to give legal feect to European Directives
  • The Privy Council has power to make law in emergency situations under the Emergency Powers Act 1920 and the Civil Contingencies Act 2004
  • Occasionally Orders in Council will be used to make other types of law. For example, in 2003 an Order in Council was used to alter the Misuse of Drugs act 1971 to make cannabis a class C drug.

Statutory Instruments

  • The term refers to rules and regulations made my Government Ministers. This is because Government Ministers are given authority to make regulations for areas under their particular responsibility. This means that, for example, the Lord Chancellor has power regarding the legal aid schemes, while the Minister for Transport is able to deal with necessary…

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