Three forms of Delegated Legislation and Control over it.

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Three forms of delegated legislation

Delegated legislation is law made by a person or body that parliament has delegated law-making power to. The three types of delegated legislation are orders in council, statutory instruments and by-laws.

Orders in council are drafted by the Government and given formal approval by the Queen and the Privy Council. Orders in Council are generally used where it would be inappropriate for the order to be made by a Minister, for example where the matter is of constitutional significance (such as transferring powers and functions from one Minister to another, or bringing into force emergency powers to be exercised by Ministers e.g. emergency powers Act 1920).

Statutory instruments are laws made by a government minister under the authority of a parent/enabling Act within the area of their ministerial responsibility.

Statutory instruments are often used to update law, for example to increase in the amount of the national minimum wage under the National minimum wage Act 1998.

Law that is made to comply with directives from the European Union is usually made in the form of a statutory instrument e.g. the Sale and Supply of Goods to Consumer Regulations 2002 were made in order to comply with the Sale of Consumer Goods Directive 1999.

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By-laws are made by local authorities and public corporations or companies. They must be confirmed by the relevant government minister and they are enforceable in the courts.

Local authorities can make laws which apply just within their geographical area. These laws can deal with many issues, e.g. drinking alcohol in public places or the fouling of public areas by dogs.

A parent Act in respect to dog fouling is the Dogs (Fouling of Land) Act 1996. Under this Act a local authority can designate areas of land as poop scoop areas. Those who are responsible for dogs who ...

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Summary: Neither piece sets out a specific question. However both parts accurately described delegated legislation and controls over it. Both parts could be improved by use of examples and/or case examples. Rating: ****