Delegated Legislation

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Orders in council:

Drafted by government and given approval by the privy council and queen.

Used for:

  • transferring responsabilities between government departments, and between westminister departments to Scottish Parliament and Welsh Assemblies under the Scotland Act 1998 (transfer of functions to scottish ministers etc) order 1999 and National Assembly of Wales (transfer of fuction) 1999.
  • bring an Act of Parliament into force
  • Dissolve parliament before an election
  • Foreign Affairs - Afghanisatn order 2001
  • Comply with EU - The consumer protection order 2000
  • national emergency - Terroism (united nations measures) order 2001.

Statutory Instruments:

Made by government minister under the authority of the enabling act within the area of their responsibilites. Drafted by legaal department of the relevant government department.

Used to update law - National Minimum Wage Act 1998

Wider powers given to government minister too fill in details that are too complex to incorporate in the act.

Referred to as 'regulations' or 'orders'

Made in the form of commencement orders. When specifies an Act or part of an act must come into force - Railways Act 2005.

Comply with EU directives - Sales and Supply of goods to consumers regulations 2002.

By-Laws

drafted by local authorities and public corporations or companies. 'Confirmed' or 'approved' by relevant government minister.

Local authorites can make laws apply just within their geographic areas. A city council can make laws affecting the city whilst a town council can make laws affecting their towns. Under the parent act of Dogs (fouling of land) Act local authorities can designate areas as poop scoop areas and anyone who goes against this can be fined.

Authority to make by-laws are given under the Local Government…

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