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Types of delegated legislation. (Statutory instruments. (Examples of…
Types of delegated legislation.
By-laws.
What can this be used for?
This can be used for giving local bodies the authority to create laws that will be enforced for a certain area.
Who makes it?
A range of public bodies, such as councils, national parks, national trusts and solicitor's groups.
How is it made?
By-laws, once created, must be approved by the relevant government minister (who must be satisfied with the by-law).
The by-law must be checked that it's nomenclature is not defective, it is lawful and that it is within the powers.
Cabinet/senior ministers do not check every by-law and it can be done by civil servants.
Statutory instruments.
What can this be used for?
A set of regulations to fill in detailed rules of an act.
The implementation of orders.
Who makes it?
The ministers of departments.
How is it made?
Laid before parliament and needs either negative or affirmative procedures.
Negative procedure.
If nobody rejects the law and there are no objections for 40 days, it automatically becomes law.
Affirmative procedure.
Affirmative procedure means that the law has to be voted on by parliament before it becomes law.
Examples of statutory instruments.
Commencement orders.
Protection of wrecks act 1973.
Health and safety at work act 1974.
Minimum wage act 1988. This had to be of an affirmative process.
Orders in council.
What can this be used for?
Can be used to implement EU law.
Can give responsibilities to devolved governments.
Original purpose as an advisory body to the monarch.
Consists of the prime minister and senior/cabinet ministers.
Orders are made by the legislative committee of the privy council,
It is made by this council and must be approved by the queen before it comes into force.
Examples of parent acts created by orders in council.
Energy act (reserve power orders) 2000.
Misuse of drugs act 1971.
Civil contingencies act 2004.