Delegated Legislation
Delegated Legislation is when Parliament delegates law making powers through an enabling act to certain organisations. This is known as secondary legislation, primary legislation being Parliament made. It allows the government to make and adjust law without having to debate and push through acts and amendments. It is also the preferred way of law making during emergencies.
Orders in Council are one of the three bodies that can make legislation. These are drafted by an appropriate government department and are issued by the Privy Council. The Orders in Council work in three different ways, the most important being legislation issued in times of emergency. They can make the emergency law, under the Emergency Powers Act 1920 and Civil Contingencies Act 2004, in an example during the Foot and Mouth outbreak in 2000 the privy council created various temporary orders such as Markets and Fairs Temporary Order which prohibited the holdings of markets and fairs without a licence. All emergency laws are immediately put into practise and have a national effect. This type of legislation has a national effect. Orders in Council also act as enablers of European directives, such as employment law, under the European Communities Act 1972. These also have a national effect. They can also modify acts created by Parliament however these can be revoked by parliament for example Cannabis was made a class C drug by the privy council under the Misuse of Drugs Act 1971 but now has gone back to class B.
Statutory Instruments are the most common form of Delegated Legislation they are rules, regulations and orders that have a national effect. Statutory Instruments are created by the delegated government ministers for example if a education related legislation needs to be made then Parliament would delegate it to the Education department minister under the Education Reform Act 1988. The reason the government uses the appropriate minister to create the statute is because it is required to go into technical details which Parliament do not know about therefore it becomes more useful to the country and saving Parliamentary time. The ministers are limited by an enabling act to ensure that the law that they make is relevant, fair and needed. The enabling act provides an outline of what Parliament wants the minister to do and it is up to the minister to create a further, more technical detailed legislation. If a minister would create a law that is out of the limits of the enabling act, or that is Ultra Vires, then the law would be made invalid. An example of a statutory instrument would be Insurance Companies Act 1982, this is a good example of why Parliament would not have been an appropriate body to create this as it is full of technical details that only specialists in that area could know about.
Delegated Legislation is when Parliament delegates law making powers through an enabling act to certain organisations. This is known as secondary legislation, primary legislation being Parliament made. It allows the government to make and adjust law without having to debate and push through acts and amendments. It is also the preferred way of law making during emergencies.
Orders in Council are one of the three bodies that can make legislation. These are drafted by an appropriate government department and are issued by the Privy Council. The Orders in Council work in three different ways, the most important being legislation issued in times of emergency. They can make the emergency law, under the Emergency Powers Act 1920 and Civil Contingencies Act 2004, in an example during the Foot and Mouth outbreak in 2000 the privy council created various temporary orders such as Markets and Fairs Temporary Order which prohibited the holdings of markets and fairs without a licence. All emergency laws are immediately put into practise and have a national effect. This type of legislation has a national effect. Orders in Council also act as enablers of European directives, such as employment law, under the European Communities Act 1972. These also have a national effect. They can also modify acts created by Parliament however these can be revoked by parliament for example Cannabis was made a class C drug by the privy council under the Misuse of Drugs Act 1971 but now has gone back to class B.
Statutory Instruments are the most common form of Delegated Legislation they are rules, regulations and orders that have a national effect. Statutory Instruments are created by the delegated government ministers for example if a education related legislation needs to be made then Parliament would delegate it to the Education department minister under the Education Reform Act 1988. The reason the government uses the appropriate minister to create the statute is because it is required to go into technical details which Parliament do not know about therefore it becomes more useful to the country and saving Parliamentary time. The ministers are limited by an enabling act to ensure that the law that they make is relevant, fair and needed. The enabling act provides an outline of what Parliament wants the minister to do and it is up to the minister to create a further, more technical detailed legislation. If a minister would create a law that is out of the limits of the enabling act, or that is Ultra Vires, then the law would be made invalid. An example of a statutory instrument would be Insurance Companies Act 1982, this is a good example of why Parliament would not have been an appropriate body to create this as it is full of technical details that only specialists in that area could know about.
