The Enabling Act, Constitutional Reform Act of 2005 gives power to make Orders of Council to the Privy Council to alter a no. of Judges in Supremem Court.
2.Statutory Instruments:
These are rules and regulations made by the govt. ministers who are given authority to make regulations for areas under their particular responsibility.
These can be short,covering one point such as making the annual change to minimum wage as well as long and detailed, which are very complex to include in
an Act of Parliament for eg: Chemical Regulations 2009 which was made by the Minister for Work and Pensions under the powers given in European Communities Act 1972
and Health and Safety at Work etc. Act 1974. One important advantage of this type of delegated legislation is that the making of law is done very properly and
accurately by the ministers incharge of the particular departments , there are 15 departments in govt ,each deals with different area of policy,which makes
the making of rules and regulations very convenient and there is equal amount of responsibility distributed among each of the departments.
Also the Legislative and Regulatory Reform Act 2006 gives ministers power to make any provision by order if it will remove or reduce a 'burden' resulting
from legislation.For this purpose a burden is defined as:
*a financial cost
*an administrative innconvinience
*an obstacle to efficiency,productivity or profitability
*a sanction which affects the carrying on of any lawful activity.
This means that the minsiters have the right to change Acts of Parliament, even thoguh the original Act did not give them the power to do this which is
one more very important advantage of Statutory Instruments.
3.By laws:
These can be made by local authorities covering matters within their own area .These benefit only the people in the certain institution ,group or association, and
can apply on only those people, by laws can be in many forms, posters, street charts, notices which can be stuck or displayed within the premises of their area.These
can be related to public behavior, traffic control banning drinking or smoking etc.
Delegated Legislation altogether is a very important source of law, and benefits a lot of people as well as helps in maintaining the law and lets it work in
a proper and systematic manner.
There is a need for Delegated Legislation in the process of law making because of the following reasons:
* Time- The parliament lacks in time to consider and debate each and every detail of complex regulations.
*The parliament may not have prowess knowledge or technical expertise in particular areas, the modern society demands a more technically detailed and complex law
making process where the people have knowledge which is required to draw up laws on controlling technology,ensuring environmental safety, dealing with many
different industrial problems or operating complex taxation schemes.Although the parliament may understand the law related principles thoroughly and it is better for
it to deal with and debate on those, but leave the details of the rest to be filled in by those who have expertise knowledge of it.
* Ministers have the benefit of further consultation before regulations are drawn up. Consultations are basically imporatant where there is a need for a rule
on a more technical matter, where it is necessary to make sure that the regulations are technically accurate and workable.Many acts giving power to make delegated
legislation set out that there must be consultation before the regulations are created.eg: before any new or revised Code of Practise under Police and Evidence Act
1984 is issued, there must be consultation with a wide range of people including:
1) People who are representing the interests of the police authorities.
2) The General Council of the Bar
3) The Law Society
*The process of passing a law is very time consuming, in an emergency the parliament may not be able to pass law quickly, hence delegated legislation is preferred
, it can also be revoked or amended easily when required and can be kept up to date, also the ministers can respond to new or unforseen situations by amending or
amplifying statutory instruments.
by
rangdubeygmailcom (student)
