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The legislatures of the United Kingdom are derived from a number of different sources. The parliament of the United Kingdom is the supreme legislative body for the United Kingdom and the British overseas territories with Scotland, Wales and Northern Ireland each having their own devolved legislatures. Each of the three major jurisdictions of the United Kingdom has its own laws and legal system.
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (King-in-Council), but in other countries the terminology may vary. The term should not be confused with Orders of Council, which are made in the name of the Council without sovereign approval.
A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.
The Lord President of the Council is the presiding officer of the Privy Council of the United Kingdom and the fourth of the Great Officers of State, ranking below the Lord High Treasurer but above the Lord Keeper of the Privy Seal. The Lord President usually attends and is responsible for chairing the meetings of the Privy Council, presenting business for the approval of the Sovereign. In the modern era, the incumbent is by convention always a member of one of the houses of Parliament, and the office is normally a Cabinet position.
The Welsh Government is the devolved government of Wales. The government consists of ministers and deputy ministers. It is led by the first minister, usually the leader of the largest party in the Senedd, who selects ministers and deputy ministers with the approval of the Senedd. The government is responsible for tabling policy in devolved areas for consideration by the Senedd and implementing policy that has been approved by it.
Delegated legislation or secondary legislation in the United Kingdom is law that is not enacted by a legislative assembly such as the UK Parliament, but made by a government minister, a delegated person or an authorised body under powers given to them by an Act of Parliament.
The Health and Safety at Work etc. Act 1974 is an act of the Parliament of the United Kingdom that as of 2011 defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom.
A Scottish statutory instrument is subordinate legislation made by the Scottish Ministers, as well as subordinate legislation made by public bodies using powers provided to be exercisable by Scottish statutory instrument. SSIs are the main form of subordinate legislation in Scotland, being used by default to exercise powers delegated to the Scottish Ministers, the Lord Advocate, the High Court of Justiciary, the Court of Session, and the Queen-in-Council.
A statutory body or statutory authority is a body set up by law (statute) that is authorised to implement certain legislation on behalf of the relevant country or state, sometimes by being empowered or delegated to set rules in their field. They are typically found in countries which are governed by a British style of parliamentary democracy such as the United Kingdom and the Commonwealth countries like Australia, Canada, India and New Zealand. They are also found in Israel and elsewhere. Statutory authorities may also be statutory corporations, if created as a body corporate.
United Kingdom administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", within three months of the grounds of the cause of action becoming known. By contrast, claims against public bodies in tort or contract are usually limited by the Limitation Act 1980 to a period of 6 years.
In many countries, a statutory instrument is a form of delegated legislation.
The statutory rules of Northern Ireland are the principal form in which delegated legislation is made in Northern Ireland.
In the United Kingdom, byelaws are laws of local or limited application made by local councils or other bodies, in specific areas using powers granted by the relevant Acts of Parliament, and so are a form of delegated legislation. Some byelaws are also made by private companies or charities that exercise public or semi-public functions, such as airport operators, water companies or the National Trust.
Private acts are laws in the United Kingdom which apply to a particular individual or group of individuals, or corporate entity. This contrasts with a public general Act of Parliament (statute) which applies to the nation-state. Private acts can afford relief from another law; grant a unique benefit or, grant powers not available under the general law; or, relieve someone from legal responsibility for some allegedly wrongful act.
A ministerial decree or ministerial order is a decree by a ministry. With a ministerial decree the administrative department is delegated the task to impose a formal judgement or mandate. Ministerial decrees are usually imposed under the authority of the department's chief minister, secretary or administrator.
Primary legislation and secondary legislation are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.
An act of the Scottish Parliament is primary legislation made by the Scottish Parliament. The power to create acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution.
R v SS for Environment, Transport and the Regions [2001] UKHL 23 is a UK constitutional law case, concerning judicial review.
The Health Protection (England) Regulations 2020 is a statutory instrument (SI) enacted on 18 July 2020 by the Secretary of State for Health and Social Care, Matt Hancock, in response to the COVID-19 pandemic. It allowed a local authority to make directions relating to premises, events and outdoor public spaces in its area, supplementing central government powers relating to public outdoor places that were granted to the Secretary of State on 3 July in The Health Protection (England) Regulations 2020. In practice, the regulations allowed local authorities to close shops and outdoor public spaces, and to cancel events. The regulations related to England only.
References
- ↑ Department of Health website: Directions from the Secretary of State retrieved 26 April 2008
- ↑ Department for Transport: Statutory guidance and directions Archived 2008-10-13 at the Wayback Machine retrieved 26 April 2008
- ↑ HM Treasury Accounts Directions 2007/2008 Archived 2008-03-05 at the UK Government Web Archive retrieved 26 April 2008
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