Explain how and why Parliament delegates to other bodies the power to make legislation.

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Explain how and why Parliament delegate to other bodies the power to make legislation.

Delegated legislation is law made by some person other or body other than Parliament, but with the authority of parliament. This authority is usually laid out in the Enabling Act or better known as the ‘Parent’ Act, this creates the framework of the law and then it delegates its power to others to make more detailed law in that particular area. Examples of Enabling Acts include Access to Justice Act 1999, which gives the Lord Chancellor broad powers to alter various aspects of the legal funding schemes. And the Disability Discrimination Act 1995, which gave the secretary of state powers to make regulations on several points both in relation to discrimination in employment and in the provision of services.

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        There are three types of delegated legislation, the first of which is orders in council. The Queen and her privy council have the authority to make Orders in Council under the emergency powers Act 1920, but this authority will usually only be exercised in times of emergency when Parliament is not sitting.

        The second way to delegate legislation is by Statutory Instruments, where by Ministers and their government departments are given the authority to make regulations for areas under their responsibility. Thus the Lord Chancellor was given power regarding Legal Aid Schemes. The use of statutory Instruments is a major ...

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