Statutory Instruments
- Created by: cassiarh01
- Created on: 15-10-18 14:36
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- Statutory Instruments
- Explanation
- The can be very short - e.g. making changes to the minimum wage
- However, they can also be very long and detailed.
- They are made by either affirmative resolution or negative resolution
- They are referred to as 'orders' or 'regulations'
- The most common type of delegated legislation
- The can be very short - e.g. making changes to the minimum wage
- Who makes it
- The one that often issues a statutory instrument is the Secretary of State, but Government Ministers also sometimes issue them.
- They have to be approved by Parliament before they can come into power
- Circumstances when this type is used
- Used when an act of parliament passed after 1947 confers a power to make, confirm or approve delegated legislation on the Queen or a Minister of the Crown
- Also used when a Queen in council or Minister exercises a power under an act passed before 1947 which legislative, rather than executive, in character.
- Use of a statutory instrument is not required where the parent Act does not specify it.
- Also used when Acts of Parliament need to be updated
- Or to comply with directives from the European Union.
- Examples
- Chemicals Regulations 2009
- The
Allocation of Housing + Homelessness (Eligibility) Regulations 2018
- Said ‘a person who is subject to immigration control is ineligible for an allocation of housing or for housing assistance unless they come within a class of persons prescribed in regulations by the secretary of state.
- The Antarctic Act 1994 (Guernsey) Order 2018 – this extended the Antarctic Act 1994
- Around 3,000 statutory instruments are passed each year
- Explanation
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