Delegated Legislation Flashcards
Delegated Legislation
-law made by a body other than parliament but with authority given to it by parliament.
-usually laid down in a ‘parent’ act known as, the enabling act, which creates the framework of the law.
Reasons for Delegated Legislation
-Insufficient parliamentary time, its faster, technicality in the subject matter, needs for local knowledge, future needs
Types of delegated legislation
-Orders in council, by laws, statutory instruments
Orders in Council
-Government legislation which does not have to go through the full parliamentary procedure. It is used to implement matters of major importance. (coronavirus)
-A group of ministers sitting as the privy council usually to meet any national emergencies that might arise in the future.
By-Laws
-Rules created by certain authorities under parliament, like local councils or transportation boards, to manage their area or property.
-laws that apply only to a specific area and cover specific topics as authorised by parliament.
Statutory Instruments
-Most common form of delegated legislation. About 3000 each year.
-Power is given or delegated to the minister by the government e.g. the Minister of Transport makes detailed rules in a given area – road traffic regulations.
Coronavirus
-The Government laid 582 Coronavirus-related statutory instruments before the UK parliament between the start of 2020 and 3 March 2022
-Coronavirus-related statutory instruments thus accounted for 30% of all statutory instruments laid before parliament in this period.