Delegated Legislation

What are the different types of delegated legislation?

• Orders in council

• Statutory instruments

• By-laws

What is an order in council?

• King and Privy council can make them

  • Privy Council mainly senior politicians who are/were members of HoC or HoL

• allows gov to make delegated legislation w/o having to go through legislative process

• wide range of matters:

  • transferring responsibility between gov departments

  • bringing acts into force

  • make emergency law under Civil Contingencies Act 2004

• Must be an enabling Act allowing PC to make an Order in Council

What is a statutory instrument?

• refers to rules and regulations made by gov. ministers where they are given authority to

• each gov department deals with different policy areas and minister in charge can make rules and regs for matters the department deals with

  • Minister of Work and Pensions can make r and r on those areas

• can be very short and cover one point

  • change in minimum wage

• can be long with detailed regulations

  • Chemicals Regulations 2009

• major law-making method with over 1400 in 2010

What is a By-Law?

• can be made by local authorities to cover matters within own area

• county council can pass by-laws affecting whole country

• district or town council can only make laws for its district or town

  • local ones usually include traffic control

• can be used for regulating behaviour like banning drinking in certain areas

• can be made by public corporations on matters within their jurisdiction that involve the public

  • eg. British Airports Authority can enforce rules about behaviour on their premises