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Delegated Legislation Explain how and why parliament delegates to other bodies the power to make legislation. (15 marks). Delegated legislation is law made by subordinate bodies, with the authority of parliament. Therefore can be called subordinate or secondary legislation. Parliament only sits for thirty weeks of the year meaning that there isn’t enough time for everything to be done. This authority is given in an ‘enabling act’, otherwise known as a ‘parent act’ which are both acts of parliament. There are three types of delegated legislation given through the above act. Orders in council, which is a special type of statutory instrument, used by the queen and the Privy Council in an emergency, under the Emergency Powers Act 1920. Usually used when parliament aren’t sitting and in times of an emergency. Byelaws, which are made by local authorities, public bodies or nationalised bodies. A draft form must be submitted for checking and to be approved by a government minister. An example of a byelaw would be Railways Act 1993; through this they made the no smoking in the underground ban. Lastly, statutory instruments which can also be known as ministerial regulations. These are made by minister and government departments that are given authority to make regulations for the particular area that they are responsible for. An example of one of these would be the Disability Discrimination Act 1995 which gives the health minister authority to make regulations concerning requirements of services for disabled and discrimination regarding employment.
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