Different types of delegated legislation Model Answer

• Delegated Legislation is the process of laws being created by authorities other than the Government. The power, authority and limitations as to what Delegates laws can be made are contained within the Parent Act the Legislation is being made under, which is created by Parliament. There are three way in which this can be done; Orders in Council, Statutory Instruments, By-Laws,
• Statutory instruments are pieces of Delegated Legislation usually created by Government ministers within their areas of responsibility, for example the Education Minister passes education related Laws, the Health Minister passes health related laws. The power to do this is given through the relevant Parent Act for what they are trying to achieve.
• However, Statutory Instruments can only be created in four explicit situations. Firstly, to update existing laws, such as the National Minimum Wage Act 1998 allows for minimum wage to be increased yearly via Statutory Instrument. Also, they provide detail to laws, for example the Education Act 2002 sets out the power to establish the National Curriculum.
• Also, to allow expertise to be included in the law, as seen in the Road Traffic Art 1998 where the specifications for Motorcycle helmets were included through Statutory Instrument. Finally, to implement EU law in UK law as seen under the Working Time (Amendment) Regs 2003 which stated the maximum working hours per week.
• All statutory instruments made are subject to one of the controls afforded by Parliaments over Delegated Legislation; negative resolution, affirmative resolution, scrutiny committee review, or approval by the Parent Act.
• Orders in Council are pieces of Delegated Legislation created by the reigning Monarchy and the Privy Council, which is a collection of senior Government members who can hold counsel with and advise the Queen on points of Law.
• The power afforded to the Monarch and the Privy Council to create Orders in Council is found within one of two pieces of Legislation; the Emergency Powers Act 1920, which allows for Legislation to be made in emergency situations and, the Civil Contingencies Act 2004 which is concerned with issues needing resolution when Parliament is not sitting, such as international obligations.
• Examples of Emergency Orders in Council could include the Foot-and-Mouth disease (Amendment) (England) (No.10) Order 2001 in response to the foot and mouth outbreak, where power was given to the army and The Al-Qaida and Taliban (United Nations Measures) Order 2002 which removed the power of negotiations with terrorist groups.
• Finally, By-laws which are made by local Governments or by Public Bodies/Corporations in their specific area. These delegated laws apply solely to the local area and local, specific issues that may be present. This power is again passed down to the local authority or organisation via a Parent Act.
• Local authorities, or councils, will usually use By-laws to create Delegated Legislation to deal with a problem relating to the local facilities they are responsible for, such as waste, cleanliness, housing or parking. These are issues which will be specific to their area, not the country as a whole. Public Bodies or Corporations, such as charities, rail companies and service providers, will introduce By-laws to deal with problems which affect their day-to-day running.
• Finally, to provide local services and facilities; the Local Government Act 1972 allows for local councils to make by-laws for the 'good rule and government' of the area. This includes issues such as introducing parking charges.