Delegated Legislation notes
Orders in Council
· Consists of the Queen and the Privy Council, who are the only people who have authority to make orders in council.
· Allows the Government to make laws without going through Parliament
· Has power to pass laws in emergencies under the Civil Contingencies Act 2004
· There must be an enabling act to allow Orders in Council to make law on particular topics
· Example: Used to alter Misuse of Drugs Act in 2003, made Cannabis a Class C drug, although was reversed 3 years later.
· Term refers to rules/regulations made by Government minister whom deal with a particular area of policy under authority given by the enabling act
· Example: The Chemicals (Hazard Information and Packaging for Supply) Regulations Act was made by Minister for Work and Pensions, who was given authority under the Health and Safety at Work Act 1974 and European Communities Act 1972
· Legislative and Regulatory Reform Act 2006 gives ministers power to make any provision by order if it will remove or reduce a burden e.g. financial cost, administrative inconvenience, obstacle to efficiency
· Can be made by local authorities to cover matters within their area