Types of Delegated Legislation

Orders in Council
1. Queen and Privy Council
2. Matters
  1. Giving legal effect to European Directives
  2. Transferring responsibility between government departments
  3. Bringing Acts of Parliament into force
3. Makes emergency laws under the Civil Contingencies Act 2004
  1. Usually when Parliament isn't sitting
  2. Foot and Mouth Crisis
4. Can be used to make other types of law
  1. 2003, used to alter the Misuse of Drugs Act 1971 to make cannabis a class c drug (5 years later changed back to class b)
5. Must be an Enabling Act to make orders in council
  1. E.g. Constitutional Reform Act 2005, allowed Privy Council to alter the number of judges in the Supreme Court
Statutory Instruments
1. Made by Government Ministers
  1. Given authority to make regulations for areas under their particular responsibilities
  2. There are 15 government departments
2. Can be very short covering one point
  1. E.g. making the annual change to minimum wage
3. May be long with detailed regulations which are too complex to include in an Act of Parliament
4. Examples
  1. Chemicals (Hazard Information and Package for Supply) Regulations 2009
  2. Police codes of practice in relation to such powers as stop and search, arrest and detention.
5. Over 3,000 made a year
By-laws
1. Local authorities to cover matters for their area
  1. E.g. County Council pass laws on whole county and Town councils only on the town
2. Often involve traffic control
  1. E.g. Parking Restrictions
3. Banning drinking in public places
4. Banning people from riding bikes in public places
5. Can also be made by public corporations and certain companies
  1. Matters in their jurisdiction which involves the public
  2. British Airports Authority and the railways can enforce rules about public behaviour on their premises

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Types of Delegated Legislation

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	Created by GemmaCoton about 10 years ago