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The law-making process in England and Wales
The law-making process in England and Wales

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7.1 So, why do we have delegated legislation?

Delegated legislation enables a government to change the rules (law) by using the powers provided by the primary legislation (enabling Act), such as statutory instruments which are drafted (written) by government departments. Much of the delegated legislation created in England and Wales is created in the form of statutory instruments.

Activity 8 Legislating for legislation

Read the following article [Tip: hold Ctrl and click a link to open it in a new tab. (Hide tip)] (Pywell, 2013). While reading this article try to identify the different types of delegated legislation and in your own words explain the differences between these various types of delegated legislation.

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Comment

The details in this article explain the different types of delegated legislation, such as statutory instruments, bye-laws and orders in council. You will have noted the author’s criticisms about the way delegated legislation has been labelled and how this can be misleading. The table provided in the article summarises the different types of delegated legislation and explains where they originated from.