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Essay on The Different Types of Delegated Legislation

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The Different Types of Delegated Legislation a). Describe the different types of delegated legislation, explaining how the power to make them is delegated (15 marks) Delegated legislation is made up of laws that are created under the authority of Parliament, but not by Parliament itself. The Enabling or Parent Act is what is used to specify the person or group with the power to make more specific laws and the extent of their power. There are three types of delegated legislation which are statutory instruments, orders in council and bylaws. Statutory instruments are made by Government ministers after Parliament gives them the power to create them to use in assisting government departments, …show more content…

b). Describe how delegated legislation is controlled by both the courts and Parliament. Consider the effectiveness of these controls (15 marks). Parliament controls delegated legislation as they are able to pass an Act on the same subject and are able to revoke the legislation. They also have control through negative procedure, where a statutory instrument becomes law unless Parliament votes against it. Some of the delegated legislation could be cancelled if Parliament passes a motion called a ‘prayer’ which calls for an annulment within 40 days. If this motion was put forward by a member of the opposition party, it would be debated, otherwise the legislation becomes law. The majority of Enabling Acts state that all delegated legislation is required to undergo the negative procedure. Parliament also has control through the use of affirmative procedure, although this is less commonly used. This is where the statutory instrument becomes law so long as Parliament agrees. Some Enabling Acts state that delegated legislation has to be approved by both Houses of Parliament within a certain time limit. The affirmative procedure involves a stricter control of delegated legislation, as the legislation has to be considered by Parliament, instead of being considered in certain

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