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Describe the different types of delegated legislation, explaining how the power to make them is delegated

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  • Essay length: 1216 words
  • Submitted: 31/03/2006
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AS and A Level Sources of Law

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Delegated Legislation

a). Describe the different types of delegated legislation, explaining how the power to make them is delegated (15 marks)

Delegated legislation is made up of laws that are created under the authority of Parliament, but not by Parliament itself. The Enabling or Parent Act is what is used to specify the person or group with the power to make more specific laws and the extent of their power. There are three types of delegated legislation which are statutory instruments, orders in council and bylaws.

Statutory instruments are made by Government ministers after Parliament gives them the power to create them to use in assisting government departments, for example, where time limits or fees are set. This is shown in R v Secretary of State for the Home Department, ex parte Simms (1999) where the Home Secretary made regulations to control prisoners' visits.

Orders in council are created by the Queen and the Privy Council, which advises the Queen and the power to do so comes from an Enabling Act from Parliament. Orders in council are used to transfer power to other government ministers to those in Northern Ireland assemblies. They are

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