Statutory Instruments Flashcards
intro [paragraph 1]
Delegated Legislation (DL) is when Parliament passes down the power to make laws to another authority under a Parent Act (an Act of Parliament). They are then able to make laws in certain areas for their own purpose. The Parent Act is what defines the limits of the powers, who has the powers and how they should be used.
what are they/ [paragraph 2]
Statutory Instruments (SI) are pieces of DL created by the government minister of the department relating to the subject area of the law. They usually add detail to a piece of primary legislation and tends to affects the whole country. Around 3000 are made a year which makes them a major form of law making.
- update law [paragraph 3]
There are 4 main reasons SIs are used. The first is to update laws. An example of this is the National Minimum Wage Act 1998 allowing the Minister for Work and Pensions to create a SI which increases the minimum wage each year.
- provide details [paragraph 4]
SIs are also used to provide detailed law. The Education Act 2002 sets out the National Curriculum. It allows the Minister for Education (currently Nadim Zahawi) to create a SI which sets out the specific subjects and topics which are taught in Primary AND Secondary schools.
- allow for expertise [paragraph 5]
They also allow for expertise in law. The Road Traffic Act 1998 sets out that every Motorcyclist must wear a Crash Helmet. The Minister for Transport (currently Grant Schapps) can create a SI which specifies what type of helmet should be worn only after having checked with road safety experts and manufacturers.
- put EU law into UK law [paragraph 6]
Finally, they were used to put EU law into UK law. The Working Time (amendment) Regulations 2003 was used to put the EUs legal maximum working week of 48 hours into UK law by SI.
