Delegated Legislation Essay

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“Discuss the advantages and disadvantages of delegated legislation” This question is asking me to evaluate the advantages and disadvantages of delegated legislation. Firstly, delegated legislation is the power given to subordinate bodies to introduce rules within the scope of their authority. Delegated legislation allows the Government to make changes to a law without needing to push through a completely new Act of Parliament. The original Act would have provisions that allow for future delegated legislation to alter the law to different degrees. These changes range from the technical, such as altering the level of a fine, to fleshing out Acts with greater detail; often an Act contains only a broad framework of its purpose and more complex content is added through delegated legislation. There are three types of delegated legislation: Statutory Instruments, Orders in Council and By-laws. In case of a minister, it will take the form of rules, regulations or orders. The composite term is “Statutory Instruments”. On average, 3400 Statutory Instruments are passed each year, most of them dealing with education, constitution, health, food and transport. Thus the Lord Chancellor was given power regarding the legal aid schemes, while the Minister for Transport will be able to deal with necessary road traffic regulations. There are many Acts that give a Minister of State power to make delegated legislation through Statutory Instruments. Some examples are: “Police and Criminal Evidence Act 1984”-this gave power to the Minister for the Home Office to produce Codes of Practice to the police in the use of police powers such as arrest; “Constitutional Act Reform 2005”-this gave power to the Lord Chancellor to issue guidance on the procedures of the Judicial Appointments Commission relating to recommendations for who should be appointed as a judge; “Offender Management Act

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