Meaning and Types of Delegated Legislation
What is Delegated Legislation?
Delegated Legislation is laws, rules, and regulations enacted by non-legislative bodies (persons), Institutions, Organizations, and Corporations that have been empowered by the The legislative branch of government is responsible for making laws within a country. Legislatures are made up of people called legislators who, in democracies, are elected by the country’s population More to do so.
The legislature has empowered such legislation, therefore, regulates and controls such legislation.
Types of Delegated Legislation:
(i) Order-in-Council: This type of legislation is peculiar to Britain. It is a type of law made by the monarch any time there is a need to make and pass such legislation e.g. during a state of emergency.
(ii) Statutory Instrument/Ministerial Order: This order is conferred on the ministry by an Act of Parliament for areas under the purview of the Ministry. It is also referred to as departmental orders.
(iii) Bye-Laws: These laws are made by local government authorities, public corporations, or similar bodies. This power is conferred on them by Act of Parliament to cover their areas of operation but the central government approval is necessary.
(iv) Provisional Order: It is a temporary general rule made by ministries that awaits the confirmation of the legislature.
(v) Special Procedure Order: They are orders or rules also made by the ministries to local authorities to carry out certain assignments, projects, or responsibilities. It is an order laid but must be approved or cancelled within 14 days by the legislature.