Outcome B: How legislation is made outside parliament
Delegated Legislation-
A law which is made by a person or body other than parliament but with the authority of
parliament.
Authority is laid down in a ‘parent’/enabling act which creates the framework of the law to make
a more detailed law.
There are three types of delegated legislation: statutory instruments, by-laws and orders in
council.
Advantages Disadvantages
Saves parliament time Undemocratic and gives power to individuals
is not the democratic process
Deals with complex and technical issues Risk of sub-delegation
Quicker and easier to amend and update Lack of publicity
Respond quicker to emergencies Large volume
Statutory Instruments-
Rules and regulations made by government ministers who are given authority to make laws in
areas under their responsibility.
An example would be the Secretary of State for Work and Pensions can make regulations on
work-related matters like minimum wage and workplace pensions.
By-Laws-
Made by local authorities to cover matters within their own area.
For example parking restrictions, banning drinking alcohol on certain streets or railway
companies banning smoking in stations.
Orders in Council
Introduced by the monarch or privy council in times of emergency when parliament is not sitting
under the Emergency Powers Act (1920).
Privy council is made up of the prime minister and other senior ministers both present and
former.
Delegated Legislation-
A law which is made by a person or body other than parliament but with the authority of
parliament.
Authority is laid down in a ‘parent’/enabling act which creates the framework of the law to make
a more detailed law.
There are three types of delegated legislation: statutory instruments, by-laws and orders in
council.
Advantages Disadvantages
Saves parliament time Undemocratic and gives power to individuals
is not the democratic process
Deals with complex and technical issues Risk of sub-delegation
Quicker and easier to amend and update Lack of publicity
Respond quicker to emergencies Large volume
Statutory Instruments-
Rules and regulations made by government ministers who are given authority to make laws in
areas under their responsibility.
An example would be the Secretary of State for Work and Pensions can make regulations on
work-related matters like minimum wage and workplace pensions.
By-Laws-
Made by local authorities to cover matters within their own area.
For example parking restrictions, banning drinking alcohol on certain streets or railway
companies banning smoking in stations.
Orders in Council
Introduced by the monarch or privy council in times of emergency when parliament is not sitting
under the Emergency Powers Act (1920).
Privy council is made up of the prime minister and other senior ministers both present and
former.
