Unit 2-P3
Unit 2 – P3: Explain the uses of delegated legislation
1. Introduction
This assignment will focus on delegated legislation and the different methods in which they are
implemented. The different methods include: orders in council, statutory instruments and by-laws.
All these procedures have their specific advantages and disadvantages in which I have fully
demonstrated with including relevant examples. To establish a comprehensive understanding of
delegated legislation, I have mentioned three different scenarios and described what type of delegated
legislation is the most suitable one. In addition to this, I have illustrated the advantages of these
procedures in each scenario and fully explained how a piece of legislation is created and controlled.
Delegated legislation
Delegated legislation is concerned with significant changes to the law made under powers from
an existing Act of parliament. Although there are statutory instruments, codes of practice are
also included. Furthermore, codes of practice refer to the laws which are in relation with the
courts decisions to whether or not a person has “behaved reasonably”.
However, statutory instruments are different type of legislation which are approximately issued
three thousand times each year. This makes them the majority of the delegated legislation.
More importantly, about 75% of these statutory instruments become law directly without
parliament’s involvement. In addition to this, legal officers in the government’s department are
the agents who have duties to carry this responsibility of drafting them and consultation
sometimes takes place in which it interests “bodies and parties”.
Orders in council
An order in council is in relation to the legislation that is formally created in the name of the
queen by and with the advice and confirmation of the Privy Council. Furthermore, these orders
must be approved by the Queen in the Privy Council meetings. In addition to this, there are two
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