Tuesday, 8 October 2013

Types of Delegated Legislation

Statutory Instruments
Statutory instruments are laws created by individual government ministers. They will usually be amendments to current laws that need updating or changing. One example of this type of Statutory Instrument is Section 17 of the Road Traffic Act 1988 which made motorbike helmets compulsory by law for motorbike riders. However, Statutory Instruments can be used to create new laws altogether. The minister of the topic involved will draw up the legislation. For example the Secretary of State for Education created the Educational Reform Act 1988. Because he was minister for education it was up to him to use his department to research and draft this law.

Bylaws
When parliament lacks local or technical knowledge they give the power to make laws to public bodies and local authorities like local councils or universities. For example the London Underground used parliamentary powers to ban smoking on its property.

Orders in Council

Following the 1920 Emergency powers act the monarch and the Privy Council powers to make laws in emergencies. The privy council is made up of the queen, 300 past and present ministers, the speaker of the House of Commons, the leaders of all the major political parties and the PM or representative for him. An example of an Order in Council was when on September 11 2001 they grounded all UK flights in case of a terrorist attack.

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