So... what is it?

[CLARE MARIE ?!]

Delegated Leglisation!

Delegated Leglisation is a law made by someone who isn't a memeber of parliament but they have the authority of parliament.

They do this so that laws and acts can be made by people who are experts on that area, and have knowledge of the place. Also, it's so that laws can be made quickly, and when the Parliament are on their "Summer Recess."

For example:

Local Councils
Ministers
Some industries.

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[glow=green,2,500]The enabling act, also known as the parent act is when parliament gives you the power to make a law, it will give you that power through an enabling act. This sets down conditions & tells them what they can do cannot do with that power.[/glow]

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This is a law that has been created by the Privy council. The QUEEN AND THE PRIVY COUNCIL have the authority to make new laws, due to the enabling act: EMERGNACY POWERS ACT 1920 and the CIVIL CONTINGENCIES ACT 2004 The Privy Council is made up of the PRIME MINISTER AND OTHER LEADING MEMBERS OF THE GOVERNMENT. This effectively allows them to make laws without going through Parliament.

The Privy Council will make laws in three situations: AN EMERGANCY SITUATION (EG: war, natural disasters, emergancy outbreaks [E.G: foot and mouth, mad cow disease] ) ; SUMMER RECESS (where parliament go on a summer break for 13 WEEKS. Parliament is shut down for this time, but the Privy Council can still make laws.) ; TO BRING A EUROPEAN LAW IN TO OUR LEGAL SYSTEM(we have no choice but to follow European Law, so when the EU creates a law, we include that law in our legal system via an order in council.)

Occassionally, Orders in Council will be used to make other types of law. For example, in 2003 an Order in Council was used to alter the MISUSE OF DRUGS ACT 1971 to make Canabis a Class C drug.

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Statutory instrustments refers to THE RULES AND REGULATIONS MADE BY THE GOVERNMENT MINISTERS. Minsters and Government departments are given authority to make regulations for areas under their particular responsibilty.

This means that for example, the LORD CHANCELLOR has power regarding the legal aids schemes, while the Minster for transport is able to deal with neccessary road traffic regulations.

The use of Statutory Instruments is a majour method of law making as there are about 3000 SI's brought into force each year. There are many acts which give a minister of state the power to make delegated leglisation.

When the act is passed it is done in OUTLINE only, and there isn't a lot of detail included. It's then the MINISTERS job to include their details in the form of stautory instruments. This is because SOME ACTS ARE TOO LONG and mp's do not have the KNOWLEDGE or time to write them out.

The Legislative & Regulatory Reform Act of 2006 this gives MINISTERS THE RIGHT TO CHANGE AN ACT OF PARLIAMENT if it would remove a burden that the act has caused. e.g --> THE ACT HAS LED TO HIGH FINANCIAL COSTS..

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Or: byelaws.

These can be made by the LOCAL AUTHORITIES to cover matters within their own area for example a county council can pass laws affecting the whole county while a district or town council can only make bylaws for it's district/town. This is made possible by the ENABLING ACT -> THE LOCAL GOVERNMENT ACT 1992. They have local knowledge and they will understand what laws are needed. The laws that are made only effect THEIR area.

Many local bylaws will involve TRAFFIC CONTROL, such as parking restrictions, and NO BALL GAMES ; NO DOG FOULING ; NO LITTERING

Bylaws can also be made by PUBLIC CORPORATIONS AND CERTAIN COMPANIES for matters within their jurisdiction which involve the public.

This means that bodies such as the BRITISH AIRPORTS AUTHORITY AND THE RAILWAY can enforce rules about public behaviour on their premises. An example of such a bylaw is the SMOKING BAN on the LONDON UNDERGROUND SYSTEM.