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3.1 Types of Delegated Legislation

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15 views11 pages

3.1 Types of Delegated Legislation

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ak47.23me
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© © All Rights Reserved
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DELEGATED

LEGISLATION
by Ali Nadeem Shibli
INTRODUCTION
As well as Parliament directly making laws through Acts of
Parliament, other people or bodies can be given the power
by Parliament to create laws.

This can include the Privy Council, government ministers,


local authorities and certain companies.

Law created in this way is known as delegated legislation.


INTRODUCTION
As the power to make law is given to unelected people or
bodies, there are various checks and controls on the making
and operation of delegated legislation.
TYPES OF DELEGATED LEGISLATION
The authority is usually laid down in a ‘parent’ Act of
Parliament, known as an enabling Act, which creates the
framework of the law and then delegates power to others to
make more detailed law in the area.

An example of an enabling Act is the Police and Criminal


Evidence Act 1984, which gives authority to make Codes of
Practice for the use of police powers.
1. ORDERS IN COUNCIL
The Queen and 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 legislation effectively allows the


government to make legislation without it having to be
debated or voted on in Parliament.
1. ORDERS IN COUNCIL
Orders in council can be made on a wide range of matters,
especially;

❖ transferring responsibility between government


departments
❖ bringing Acts (or parts of Acts) of Parliament into force
❖ making law in emergencies

In 2003, an Order in Council was made to alter the Misuse of


Drugs Act 1971, to downgrade cannabis to a Class C drug.
2. STATUTORY INSTRUMENTS
The term ‘statutory instruments’ refers to rules and
regulations made by government ministers.

Ministers in the government departments can be given


authority to make regulations.

Each department deals with a different area of policy, and


the minister in charge can make rules and regulations on
work-related matters, such as health and safety at work,
while the minister of Transport is able to deal with road
traffic regulations.
2. STATUTORY INSTRUMENTS
Statutory Instruments can be very short, covering one point,
such as making the annual change to the minimum wage.

However, other statutory instruments may be very long, the


detailed regulations that were too complex to include in an
Act of Parliament.

The use of Statutory Instruments is a major method of law


making. In 2014, 3481 statutory instruments were made, but
in 2019 the number was only 1410.
3. BYLAWS
These can be made by local authorities, to cover matters
within their own area.

A county council can pass bylaws affecting a whole country,


while a district or town council can only make bylaws for its
district or town.

Many local bylaws involve traffic control, such as parking


restrictions.
3. BYLAWS
Other bylaws may be made for regulating behavior, such as
banning drinking in public places or banning people from
riding bicycles in a local park.

Bylaws can also be made by public corporations and certain


companies, for matters within their jurisdiction that involve
the public.

This means that bodies such as the British Airports


Authority and railway companies can enforce rules about
public behavior on or around their premises.
YOUR TURN!

DO YOU HAVE ANY


QUESTIONS?

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