Bao N BTEC Law Unit 2: P3M2
B Lane
10.10.24
Dear Janika,
Delegated legislation is when Parliament delegates law making power to other bodies
under the enabling act, also called a “parent” Act. The parent act enables them to make
more detailed laws, specific to their particular situations.
There are three types of delegated legislation, where law is not made by Parliament but
has its authority. These are:
Orders in council are made by the government in the name of the King, through the
Privy Council.1 Examples include,
The Civil Contingencies Act 2004 is a UK law designed to help the country prepare for
and respond to emergencies like natural disasters, terrorism, and health crises. It
requires local councils and emergency services to plan potential risks, share
information, and work together during emergencies. The Act also gives the government
powers to make quick decisions in serious situations, like controlling resources or
restricting movement if normal laws aren’t enough. It was introduced to improve how the
2
UK handles major crises and ensures better coordination.
The Scotland Act 1998 is a law that created the Scottish Parliament and gave it control
over certain areas like education, health, and transport, while the UK Parliament still
controls things like defense. It also set up the Scottish Government to carry out the
decisions made by the Scottish Parliament. This law was an important step in giving
Scotland more say in how it is run. 3
The Misuse of Drugs Act 1971 aims to prevent the illegal use, possession, production,
and supply of controlled drugs that can cause harm to individuals and society. It stops
1
https://www.cheshireeast.gov.uk/environment/community_safety/emergency_planning/
civil_contingencies_act.aspx
2
https://www.open.edu/openlearn/mod/oucontent/view.php?id=68996§ion=1
3
https://www.gov.uk/government/publications/circular-0012024-control-of-20-new-drugs/
0012024-the-misuse-of-drugs-act-1971-amendment-order-2024-and-the-misuse-of-drugs-
and-misuse-of-drugs-designation-england-and-wales-and-scotlan
https://www.health-ni.gov.uk/articles/misuse-drugs-legislations
, Bao N BTEC Law Unit 2: P3M2
people from selling or making dangerous drugs like heroin, cocaine, and cannabis
without legal permission. The Act also prevents drug misuse by setting strict rules on
how certain drugs can be used, limiting their availability outside medical or scientific
4
use. Overall, it helps reduce drug-related crime, addiction, and health risks.
Statutory Instruments are a type of secondary legislation made by the UK
Government which covers all parts of the UK. Ministers and their government
departments make more detailed orders or regulations for their area of responsibility. 5
Examples include,
The Police and Criminal Evidence Act 1984 is a UK law that sets rules for how police
should act when investigating crimes. It covers what the police can do, like stop and
search, arrest, and question people, and also protects the rights of those being
investigated. For example, it ensures that people in custody can get legal advice and
are treated fairly. The goal is to help the police do their job while making sure people’s
rights are protected.
Road traffic signs are often regulated by these types of laws, which are created under
the authority of an Act of Parliament. For instance, the Traffic Signs Regulations and
General Directions (TSRGD) is a statutory instrument that sets the rules for how road
signs should look and be used. This setup allows for quick updates to the rules without
needing a new law, helping to improve road safety. By connecting road signs to
statutory instruments, it makes it clear that drivers must follow these signs as part of the
law. 6
The Health and Safety at Work Act 1974 is a law that aims to keep workers and the
public safe in the workplace. It requires employers to take reasonable steps to protect
the health and safety of their employees and anyone else affected by their work. This
means providing safe working conditions, proper training, and necessary safety
measures. The Act also created the Health and Safety Executive (HSE), which applies
safety regulations. Overall, the law is designed to prevent accidents and illnesses at
work, making workplaces safer for everyone.
4
https://publiclawproject.org.uk/what-is-a-statutory-instrument/
5
https://www.somerset.gov.uk/finance-performance-and-legal/byelaws/
6
https://privycouncil.independent.gov.uk/meetings-and-orders/
