Delegated Legislation

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Delegated Legislation

Delegegated Legislations is law which can be made by somebody else or a body with the authority of Parliment. This authority is usually laid down in a 'parent' act or Enabling Act. It creates a framework of law and then delegated power to others to make more detailed law in the area.

There a Four different types of delegated Legislation:

  • Orders in Council - this is the Privy Council which is made up of the PM and other leading members of government. This effectively means that gov. can make laws without going through parliment. Orders in council can make laws on a wide range of matters - giving legal effect on directives, transferring responsibility between gov. departments and bringing acts (or parts of acts) into force. Also different types of law eg. Misuse of Drugs Act, 1971 - where they made cannabis back to a class B drug. Another example of an enabling act is Constitutional Reform Act 2005. 
  • Statutory Instruments - the term refers to rules and regulations made by gov. ministers and their departments eg. Minster of Justic etc.. They're given authoritty to make regulations for areas under their particular responsibility. Statutorty Instruments can be very short, covering one point or on the other hand can be very long with detailed regulations which were to complex to put in a statute. Such include - the Chemicals Regulations 2009 where the Minister of work was given authority uner the Health and Safety at Work etc Act 1974. This is the most common way of making law, as over 3,000 are made each year.
  • By-laws - these can be made by local authorities to cover matters within their own area eg. a County council can pass laws affecting the whole country or a district or town council can only make laws such as traffic control for its district and town. Other by-laws maybe for such matter as banning drinking in public places.
  • Assembly Orders- under the Government of Wales Act 2006 allowed 20 areas for which Assembly can sek legislative competence through Assembly Measures Legislative Competence Orders

Control of delegated legislation

Control is exercised by Parliment:

Enabling Act itself has limits to how much power is used. For example, the Act will state which government minister can make the regulations and it will also state the type of laws to be made and whether they can be made for the whole country or only certian places. Parliment also retains contorl of the degated legislation as it can repeal the powers in the enabling Act at any time.  

Delegated Powers Scrutiny Commitee is in the House of Lords which considers whether the provisions of any bills going through Parliament delegate legislative powers inapporopriatly, It has no power to ammend bills. It is sensible that chekcs are made on what powers are proposed. It is sensible that checks are made on what powers are proposed…

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