Different TYPES of Delegated Legislation Flashcards
- Delegated Legislation is…
Delegated Legislation is Law made by some person or body other than Parliament, but with the authority of Parliament. That authority is usually in a “parent” Act of Parliament known as an “enabling Act” which delegates power to others to make more detailed law in the area. There are 3 types of delegated legislation.
- Orders in Council are made by the…
Orders in Council are made by the Queen and the Privy Council. The Privy Council is made up of the Prime Minister and other leading members of the government.
An Enabling/Parent Act will be needed to allow an Order in Council to be made, for example the Constitutional Reform Act 2005 allowed the Privy Council to alter the number of Supreme Court Judges.
- Orders in Council are made to bring Acts of Parliament into…
Orders in Council are made to bring Acts of Parliament into force, to transfer responsibility between government departments and to make law in emergency situations under the Civil Contingencies Act 2004. They are also made to amend existing law, for example the Misuse of Drugs Act 1971 was the Enabling/Parent Act under which an Order in Council was made in 2008 to change Cannabis from being a Class C to a Class B Drug
- Statutory Instruments are…
Statutory Instruments are rules and regulations made by Government Ministers for areas under their responsibility, under the authority of an Enabling/Parent Act. About 3,000 are brought into force each year. For example, under the Coronavirus Act 2020 many rules have been brought into force, for example regarding local lockdowns.
- By-Laws can be made by Local Authorities to…
By - Laws can be made by Local Authorities to cover matters within their own area, under the Local Government Act 1972. A County, District or Town Council can pass laws affecting their area. Many involve traffic control, parking or banning drinking of alcohol in public places. For example, Manchester City Council has made by-laws relating to parking restrictions within Greater Manchester. By-laws can also be made by Public Corporations and Companies for matters which involve the public. For example, the Greater Manchester Metrolink System has made by-laws to enforce rules about public behaviour on their premises.
