Describe the types of delegated legislation and how Parliament allows delegated legislation to be made.

by rachaelb94 (student)

Rachael Bennett,

AS LAW,

Describe the types of delegated legislation and how Parliament allows delegated legislation to be made. 10 marks.

Delegated legislation is law which made my bodies of the government that are not part of Parliament, these laws are passed using the enabling act, which sets a skeleton framework imposing limits and sanctions on the law being passed in order to keep it fair. Delegated legislation enables the parliament to consider future needs of the country while having reliable knowledge in the area that the legislation is considering, delegated legislation also gives the parliament more time since they are avoiding the lengthy legislative process themselves. There are three categories which branch off from Delegated legislation, that are used in different situations.

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Statutory instruments are made by government ministers and government departments which have specialist knowledge in certain areas, e.g. the minister of education will have the authority to pass any acts relating to education so he may be asked to delegate legislation in this area. Statutory instruments are used for 3 main situations, to update, amend and vary an act of Parliament for example increasing the amount of a fine or to increase minimum wage. They are also used to bring an act into force such as the “Railway Act of 2005” in which basic laws applying to the railways where created and passed. The last use for statutory instruments is to comply with European Union Directives. The EU has a higher power over the laws made in the UK and if the EU passes legislation the UK as a member must comply e.g. “Sale and Goods Regulations Act 2002”.

The second type of delegated legislation is Orders in Council. Orders in Council are made my government but must be approved by the Privy Council (made up of leading ministers in the UK and the magistrate) and the Queen. This enabling privilege was passed in the Emergency Powers Act 1920 which granted power to the Privy Council in states of emergency. Orders in council are usually passed when Parliament isn’t sitting, since they are mainly a last measure used in dire times of need, such as when an emergency occurs, to dissolve parliament (in prep for a general election), To bring an Act of Parliament into Force, and To deal with foreign affairs (For example the “Afghanistan Order 2001” which imposed sanctions upon trade with Afghanistan.)

The last form of delegated legislation is Bye-Laws. Bye-Laws are passed by local authorities (e.g. a local council.) or national and private bodies (e.g. British Airport Association). Laws passed by these bodies either apply to a private/ national body or are applied to areas of the country by local authorities. For example the “Dogs (Fouling of Land) Act 1996” which imposed fines to dog owners who did not pick up after their dogs.

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