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Summary Types Of Delegated Legislation
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Here is a brief overview of the three different types of Delegated Legislation that you will need to be aware of so you can pass your WJEC Eduqas Law Exam.
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Types Of Delegated LegislationOrders in Council:
The King and the Privy Council can make Orders In Council
The Privy Council is made up of the Prime Minister and other leading members
of government.
It allows the government to make laws without going through the time-
consuming process of parliament.
Orders in Council can be made on wide variety of issues, including:
• Transferring responsibility between government departments.
• Bringing Acts of Parliament into force.
• Dealing with some aspects of Foreign Affairs.
• Making law in times of national emergency when Parliament is not
sitting.
• Amend or update existing law.
An Enabling Act (“Parent Act”) must be in place from Parliament allowing the
Privy Council to make Orders in Council.
Statutory Instruments:
Made by Government Ministers and Government Departments.
Given authority to make law for areas under their particular jurisdiction. For
example, the Department for Work and Pensions can make law regarding
safety at work given that an Enabling Act has been passed by Parliament.
They can be very short but can also be very long with detailed regulations
which are too long to include in an Act of Parliament.
Examples of statutory instruments include the Building Regulations 2010 and
The Town and County Planning Regulations 2017.
Over 3,000 are made every year.
Notice: The name of Statutory Instruments always ends with Regulations!
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