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Three types of Delegated Legislation (Statutory Instruments, Made by…
Three types of Delegated Legislation
Statutory Instruments
Made by Government Ministers e.g Minister for Education
Parent Act gives them authority to make SIs for their area of responsibility
E.g Minister for Health made SI for regulating smoking in public places 2007
Keep law up to date
Quick and efficient
All SIs must be published (SI Act 1946)
Over 3,000 made each year (only 20 to 30 Acts of P are made)
Laid before negative, affirmative and super affirmative resolution
No need for a full debate in P
Can change the amount of a fine or increase the national minimum wage (NMWA 1998)
According to a 2014 review by the Hansard society, over 1,000 SIs will be needed to deal with EU withdrawal
Can be controversial as unelected
By-laws
Made by local authorities and public corporations e.g Airport Authorities & BBC
Local Government Act 1972- Parent Act- allows councils to make by-laws for "good rule and governance and to prevent nuisance"
Traffic, parking, littering and drinking
Local knowledge and expertise
Must be approved by relevant Gov. minister
British Airport Authority and Railway- make rules on their property
E.g smoking on underground ban 1987
National Trust Acts Allow National Trust to make law affecting properties e.g Nudist beach at Studland
Orders in Council
Made by the Queen and the Privvy Council (Prime minister and Government)
In emergency situations when P isn't sitting
No lengthly process
Under powers granted in Civil Contingencies Act 2004
Made if threat to the supply of food, water or fuel in England and Wales
Fuel Crisis 2000
Foot in mouth crisis 2001
Transfers power between Gov. departments
Dissolves P before a General Election
Ammend and Updates law
2003- Altered misuse of Drugs Act 1971 to reclassify cannabis as class C. 2008- Back to class B