DOCSLIB.ORG

Gls Statutory Instrument Drafting Guidance

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

0) GLS STATUTORY INSTRUMENT DRAFTING GUIDANCE August 2018 1 GLS STATUTORY INSTRUMENT DRAFTING GUIDANCE PREFACE This is general guidance for GLS lawyers on the drafting of statutory instruments which draws upon a number of Departmental guides on the subject. The Guidance contains advice on good drafting practice. Drafters will also want to refer to the current edition of Statutory Instrument Practice (“SIP”) which is a detailed guide to the process of producing SIs and, where appropriate, this Guidance cross-refers to SIP. The Guidance is maintained by the Government Legal Department’s SI Hub, and updates will be placed on the Legal Information Online Network (LION) Secondary legislation site from time to time. The SI Hub is a team of GLD lawyers who specialise in drafting statutory instruments. For further information about the role of the SI Hub see “A guide to working with the SI Hub for GLD lawyers”, available on the Secondary legislation site on LION. This (August 2018) reissue of the Guidance has not been comprehensively updated to reflect all changes that have occurred since the previous edition of December 2016. The 2016 edition contained extensive cross-references to SIP, and substantive material based on the contents of SIP, that have become inaccurate since the publication of the 5th edition of SIP in November 2017. This reissue has updated all references to SIP, and has tried to avoid unhelpful duplication of detailed material covered in SIP (and some other sources). While the opportunity has also been taken to update some other aspects of the Guidance, the SI Hub will undertake a comprehensive revision of the Guidance in due course. The SI Hub welcomes any comments on the Guidance including suggestions for improvement. These should be sent to the Hub ([email protected]). 2 CONTENTS 1 INTRODUCTION ....................................................................................... 5 1.1 General ................................................................................................. 5 1.2 What is a statutory instrument? ............................................................ 6 1.3 When is making secondary legislation wrong? .................................... 7 1.4 When putting material in an SI is optional ............................................ 8 1.5 When is making secondary legislation necessary? .............................. 8 1.6 The team involved in the preparation of an SI ...................................... 9 1.7 Source material .................................................................................. 11 2 PROCESS AND PROCEDURE ............................................................ 17 2.1 Project planning .................................................................................. 17 2.2 Timetabling implications - Parliamentary procedures ......................... 17 2.3 Other matters affecting a project plan ................................................ 18 2.4 Types of SI procedure ........................................................................ 26 2.5 Instructions ......................................................................................... 29 2.6 Before you draft - think! ...................................................................... 30 2.7 Drafting procedure .............................................................................. 31 2.8 Consultation ........................................................................................ 34 2.9 Final checking/Proof reading .............................................................. 36 2.10 Discovery of errors ............................................................................. 37 2.11 Publication and Printing; General ....................................................... 39 2.12 Publication and Printing: SI Template ................................................ 39 2.13 Classification of SIs as general or local .............................................. 41 2.14 Laying ................................................................................................. 42 2.15 Coming into force ............................................................................... 43 2.16 The Secondary Legislation Scrutiny Committee and the Explanatory Memorandum ...................................................................................... 46 2.17 Prayer ................................................................................................. 50 2.18 JCSI .................................................................................................... 50 2.19 Other related documents .................................................................... 54 3 FORMALITIES OF STATUTORY INSTRUMENTS ................................. 56 3.1 Subject headings ................................................................................ 56 3.2 Title .................................................................................................. 56 3.3 Dates: making, laying and coming into force .................................... 57 3.4 Table of Contents ............................................................................... 58 3.5 Preamble ............................................................................................ 58 3.6 Operative part ..................................................................................... 59 3.7 Signature ............................................................................................ 60 3.8 Schedules ........................................................................................... 61 3.9 Explanatory Note ................................................................................ 61 4 DRAFTING ............................................................................................. 66 3 4.1 Preamble…………………………………….……………………………. 66 4.2 Commencement and extent/application…..……………………………70 4.3 Interpretation…………………………………..…………………………..72 4.4 Operative provisions…………………………..………………………….75 4.5 Schedules………………………………………..………………………...85 4.6 JCSI points…………………………………………………………………85 4.7 Other drafting points (A to Z)……………..……………………………….88 ANNEX 1..................................................................................................... 106 The Interpretation Act 1978 – Provisions relevant to SIs..........................106 ANNEX 2...................................................................................................... 115 Specimen timetable for a negative resolution instrument .................... 115 Specimen timetable for an affirmative resolution instrument ............... 122 INDEX .......................................................................................................... 130 4 1 INTRODUCTION 1.1 General 1.1.1 This Guidance does not constitute in itself all that you may need to know. It is designed to complement other material available. In particular it supplements Statutory Instrument Practice (“SIP”), which is produced by the Legislation Services team at the National Archives. The current edition of SIP is the 5th edition, issued in November 2017. SIP contains detailed guidance on matters such as: the Parliamentary process and the different classes of SI, the required form and content of SIs, and the validation and submission of SIs for registration. Where appropriate this Guidance contains cross references to SIP, but drafters will want to be familiar with its contents. SIP is accessible on the legislation.gov.uk Publishing site, and via this link1 and via the LION Secondary legislation site (https://lion.governmentlegal.gov.uk/the- law/legal-topics/secondary-legislation/Statutory%20Instrument%20Practice.aspx). Note that this version of SIP is a living document and is to be reviewed and updated at least annually. The most up-to-date version is accessible online (and downloaded versions must therefore be treated with caution). 1.1.2 The LION Secondary legislation site has many useful papers e.g. on modern and gender neutral drafting guidance. This Guidance contains cross references to some of this content but, again, drafters will want to familiarise themselves with the information available on the site. 1.1.3 The LION European site has information relating to EU Exit, and an EU Exit “Whitehall lawyers' area” which contains papers and guidance relating to EU Exit secondary legislation. 1.1.4 The Office of Parliamentary Counsel website also hosts guidance material: https://www.gov.uk/government/organisations/office-of-the-parliamentary-counsel. 1.1.5 This Guidance refers to better regulation policies where relevant but more comprehensive guidance can be found in the LION Better Regulation site: https://lion.governmentlegal.gov.uk/the-law/legal-topics/better-regulation.aspx 1 For which it is necessary to enter one’s email address and password. 5 1.2 What is a statutory instrument? 1.2.1 Section 1 of the Statutory Instruments Act 1946 provides: “1.―(1) Where by this Act or any Act passed after the commencement of this Act power to make, confirm or approve orders, rules, regulations or other subordinate legislation is conferred on His Majesty in Council or on any Minister of the Crown then, if the power is expressed - (a) in the case of a power conferred on His Majesty, to be exercisable by Order in Council; (b) in the case of a power conferred on a Minister of the Crown, to be exercisable by statutory instrument, any document by which that power is exercised shall be known as a “statutory instrument” and the provisions of
Recommended publications
  • The Nevada Constitution Was Framed by a Convention of Delegates Chosen by the People

    The Nevada Constitution Was Framed by a Convention of Delegates Chosen by the People

    THE CONSTITUTION OF THE STATE OF NEVADA _________ [The Nevada constitution was framed by a convention of delegates chosen by the people. The convention met at Carson City on July 4, 1864, and adjourned on July 28 of the same year. On the 1st Wednesday of September 1864, the constitution was approved by the vote of the people of the Territory of Nevada, and on October 31, 1864, President Lincoln proclaimed that the State of Nevada was admitted into the Union on an equal footing with the original states. The literal text of the original, signed copy of the constitution filed in the office of the secretary of state has been retained, unless it has been repealed or superseded by amendment. Where the original text has been amended or where a new provision has been added to the original constitution, the source of the amendment or addition is indicated in the source note immediately following the text of the amended or new section. Leadlines for sections have been supplied by the Legislative Counsel of the State of Nevada.] _________ [Preliminary Action.] Ordinance. Preamble. Article. 1. Declaration of Rights. 2. Right of Suffrage. 3. Distribution of Powers. 4. Legislative Department. 5. Executive Department. 6. Judicial Department. 7. Impeachment and Removal From Office. 8. Municipal and Other Corporations. 9. Finance and State Debt. 10. Taxation. 11. Education. 12. Militia. 13. Public Institutions. 14. Boundary. 15. Miscellaneous Provisions. 16. Amendments. 17. Schedule. XVIII. [Right of Suffrage.] Repealed in 1992. 19. Initiative and Referendum. [Election Ordinance.] _________ [PRELIMINARY ACTION.] WHEREAS, The Act of Congress Approved March Twenty First A.D.
  • Code City Handbook Code City Handbook Copyright © 2009 by MRSC

    Code City Handbook Code City Handbook Copyright © 2009 by MRSC

    Code City Handbook Code City Handbook Copyright © 2009 by MRSC. All rights reserved. Except as permitted under the Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means or stored in a database or retrieval system without the prior written permission of the publisher; however, governmental entities in the state of Washington are granted permission to reproduce and distribute this publication for official use. MRSC 2601 Fourth Avenue, Suite 800 Seattle, WA 98121-1280 (206) 625-1300 (800) 933-6772 www.MRSC.org June 2009 $30 Preface In order to meet the needs of officials in Optional Municipal Code cities and assist them in the performance of their responsibilities, this Code City Handbook has been prepared, updating Report No. 37, published in March 1997. This report has been prepared to provide essential information for code city officials and to indicate their powers and duties and alternatives that are available under the applicable forms of municipal government. While every attempt has been made to make this publication comprehensive and understandable, we recognize that additional detail or clarification will be required periodically. Requests for information or comments on this publication are accordingly invited. Information on other specific municipal topics that are relevant to code cities, is available in the following publications: Local Ordinances (Report No. 50); The New Bidding Book for Washington Cities and Towns (Report No. 52); Knowing the Territory: Basic Legal Guidelines for City, County and Special District Officials (Report No. 47); The Appearance of Fairness Doctrine in Washington State (Report No.
  • Fisheries Bill Explanatory Notes

    Fisheries Bill Explanatory Notes

    FISHERIES BILL EXPLANATORY NOTES What these notes do These Explanatory Notes relate to the Fisheries Bill as introduced in the House of Commons on 25 October 2018 (Bill 278). • These Explanatory Notes have been prepared by the Department for Environment, Farming and Rural Affairs in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament. • These Explanatory Notes explain what each part of the Bill will mean in practice; provide background information on the development of policy; and provide additional information on how the Bill will affect existing legislation in this area. • These Explanatory Notes might best be read alongside the Bill. They are not, and are not intended to be, a comprehensive description of the Bill. Bill 278–EN 57/1 Table of Contents Subject Page of these Notes Overview of the Bill 4 Policy background 6 Exiting the EU 6 The Common Fisheries Policy (CFP) 6 Access 6 The management of fishing opportunities 7 Coastal State negotiations 7 December Fisheries Council 7 National quotas 7 Management regime 7 European Maritime Fisheries Fund 8 Fisheries management in the UK 8 Quota distribution 8 Producer Organisations 8 Fisheries Management in England 9 Devolution 9 Sustainable fisheries for future generations 9 Legal background 9 Legal background to the Common Fisheries Policy 9 London Fisheries Convention 10 UK law relating to fisheries 11 Legal background to the devolution of fisheries 12 International law: the United Nations Convention
  • Journals House of Lords

    Journals House of Lords

    977607FCOV PPSysB Page 1 06-10-05 18:32:09 Layout: COVERS Unit: PAG3 JOURNALS OF THE HOUSE OF LORDS SESSION 2003-04 VOLUME 237 LAID ON THE TABLE BY THE CLERK OF THE PARLIAMENTS PRINTED BY ORDER OF THE HOUSE OF LORDS BY THE CONTROLLER OF HER MAJESTY’S STATIONERY OFFICE 9776079000 13-10-05 13:36:25 Table: LJOIND PPSysB Unit: PAG1 2003–04 911 GENERAL INDEX See also Judicial Index and Membership of the House, below Abbreviations: Finding aids: 1a;2a;3a First, second, third readings AFFIRMATIVE INSTRUMENTS CWH Committee of the Whole House COMMITTEES DPRRC Delegated Powers and Regulatory Reform DIVISIONS Committee GRAND COMMITTEE GC Grand Committee MOTIONS (including motions to HC House of Commons annul (“Prayers”)) HL House of Lords “PING-PONG” HM Her Majesty PRE-LEGISLATIVE SCRUTINY JCCB Joint Committee on Consolidation Bills PRIVATE BILLS JCHR Joint Committee on Human Rights PUBLIC BILLS RA Royal Assent SPECIAL PROCEDURE ORDERS SO Standing Order UNSTARRED QUESTIONS UBC Unopposed Bill Committee Abortion: Reports: Unstarred question, 16 Mar, 261. 1st (Smoking Policy in the House of Lords), 16 Nov, 875. ccess to justice A : Adolescent Health: Motion for papers, after debate, withdrawn, Unstarred question, 15 Jun, 508. 16 Jun, 515. Adoption Act 1976: Access to Justice Act 1999: Papers (per Act): 5 Feb, 154; 19 Apr, 363; 7 Papers (per Act): 9 Mar, 237; 29 Mar, 320; 26 Sep, 671. Apr, 385; 20 Jul, 651; 7 Sep, 672; 9 Nov, 841. Affirmative Instruments: [Hybrid instruments are marked *. Regulatory Acquisition of Land Act 1981: reform orders are not included] See Papers (per Act): 11 Oct, 726.
  • The Patents Act 1977 (As Amended)

    The Patents Act 1977 (As Amended)

    The Patents Act 1977 (as amended) An unofficial consolidation produced by Patents Legal Section 1 October 2013 Intellectual Property Office is an operating name of the Patent Office Note to users This is an unofficial consolidation of the Patents Act 1977, as amended up to and including 1 October 2013. This consolidation therefore includes (amongst other changes) the amendments to the 1977 Act made by: the Copyright, Designs and Patents Act 1988 the Patents and Trade Marks (World Trade Organisation) Regulations 1999 the Patents Regulations 2000 the Enterprise Act 2002 the Regulatory Reform (Patents) Order 2004 the Patents Act 2004, the Medicines (Marketing Authorisations etc.) Amendment Regulations 2005 the Intellectual Property (Enforcement, etc.) Regulations 2006 the Patents (Compulsory Licensing and Supplementary Protection Certificates) Regulations 2007 the Legal Services Act 2007 the Patents Act 1977 (Amendment) Regulations 2011, and the Crime and Courts Act 2013 In some cases, the amending legislation applies transitional provisions to the changes made to the 1977 Act. It is particularly important to be aware of these transitional provisions in the case of the changes made by the Regulatory Reform (Patents) Order 2004 and by certain provisions of the Patents Act 2004. A number of the repealed provisions of the 1977 Act have been re-enacted or replaced by new provisions of that Act or by provisions in other legislation. Some wording of the 1977 Act has been ‘modified in effect’ by other pieces of legislation, although not actually amended, and footnotes show where this is the case. The Manual of Patent Practice should be consulted for more guidance on all these matters.
  • Patents Act 1977 Is up to Date with All Changes Known to Be in Force on Or Before 19 August 2021

    Patents Act 1977 Is up to Date with All Changes Known to Be in Force on Or Before 19 August 2021

    Status: This version of this Act contains provisions that are prospective. Changes to legislation: Patents Act 1977 is up to date with all changes known to be in force on or before 19 August 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Patents Act 1977 1977 CHAPTER 37 An Act to establish a new law of patents applicable to future patents and applications for patents; to amend the law of patents applicable to existing patents and applications for patents; to give effect to certain international conventions on patents; and for connected purposes. [29th July 1977] Extent Information E1 This Act does not extend to the Channel Islands or the Colonies for extent provision see s. 132(2) Modifications etc. (not altering text) C1 Act extended (with modifications) (2.1.1993) by S.I. 1992/3091, reg.5 Act extended (8.2.1997) by S.I. 1996/3120, reg. 5 Act applied (8.2.1997) by S.I. 1997/64, rule 9 Act extended (1.3.2002) by The Patents and Plant Variety Rights (Compulsory Licensing) Regulations 2002 (S.I. 2002/247), reg. 26(1) (subject to reg. 26(2)(3)) C2 Act modified (10.6.2003) by Patents Act 1977 (Isle of Man) Order 2003 (S.I. 2003/1249), arts. 2, 3, Sch. C3 Act modified (Isle of Man) (11.11.2013) by The Patents (Isle of Man) Order 2013 (S.I.
  • 2013 No. 2602 PATENTS the Patents

    2013 No. 2602 PATENTS the Patents

    Certified copy from legislation.gov.uk Publishing STATUTORY INSTRUMENTS 2013 No. 2602 PATENTS The Patents (Isle of Man) Order 2013 Made - - - - 9th October 2013 Laid before Parliament 16th October 2013 Coming into force - - 11th November 2013 At the Court at Buckingham Palace, the 9th day of October 2013 Present, The Queen’s Most Excellent Majesty in Council Her Majesty, in exercise of the powers conferred upon Her by sections 124(3) and 132(2) of the Patents Act 1977(a), is pleased, by and with the advice of Her Privy Council, to make the following Order: Citation and commencement 1. This Order may be cited as the Patents (Isle of Man) Order 2013 and shall come into force on 11th November 2013. Modification of the Patents Act 1977 in its application to the Isle of Man 2. The Patents Act 1977 shall, in its application to the Isle of Man, have effect subject to the modifications specified in the Schedule to this Order. Revocation 3. The Patents Act 1977 (Isle of Man) Order 2003( b) is revoked. Richard Tilbrook Clerk of the Privy Council (a) 1977 c.37. (b) S.I. 2003/1249. Certified copy from legislation.gov.uk Publishing SCHEDULE Article 2 Modifications of the Patents Act 1977 in its application to the Isle of Man 1. References to the Crown shall be construed as including the Crown in right of the Government of the Isle of Man. 2. —(1) References to an Act of Parliament (including the Patents Act 1977) or to a provision of such an Act shall be construed as references to that Act or provision as it has effect in the Isle of Man.
  • Parliamentary Debates House of Commons Official Report General Committees

    Parliamentary Debates House of Commons Official Report General Committees

    PARLIAMENTARY DEBATES HOUSE OF COMMONS OFFICIAL REPORT GENERAL COMMITTEES Public Bill Committee FISHERIES BILL [LORDS] First Sitting Tuesday 8 September 2020 (Morning) CONTENTS Programme motion agreed to. CLAUSE 1 agreed to, with an amendment. Adjourned till this day at Two o’clock. PBC (Bill 153) 2019 - 2021 No proofs can be supplied. Corrections that Members suggest for the final version of the report should be clearly marked in a copy of the report—not telephoned—and must be received in the Editor’s Room, House of Commons, not later than Saturday 12 September 2020 © Parliamentary Copyright House of Commons 2020 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 1 Public Bill Committee 8 SEPTEMBER 2020 Fisheries Bill [Lords] 2 The Committee consisted of the following Members: Chairs: †STEVE MCCABE,SIR CHARLES WALKER † Bonnar, Steven (Coatbridge, Chryston and Bellshill) † O’Hara, Brendan (Argyll and Bute) (SNP) (SNP) † Owatemi, Taiwo (Coventry North West) (Lab) † Bowie, Andrew (West Aberdeenshire and † Peacock, Stephanie (Barnsley East) (Lab) Kincardine) (Con) † Pollard, Luke (Plymouth, Sutton and Devonport) † Butler, Rob (Aylesbury) (Con) (Lab/Co-op) † Coutinho, Claire (East Surrey) (Con) † Prentis, Victoria (Parliamentary Under-Secretary of † Duffield, Rosie (Canterbury) (Lab) State for Environment, Food and Rural Affairs) † Smith, Cat (Lancaster and Fleetwood) (Lab) † Fletcher, Katherine (South Ribble) (Con) † Wild, James (North West
  • Statutory Instruments Revised May 2008

    Statutory Instruments Revised May 2008

    Factsheet L7 House of Commons Information Office Legislative Series Statutory Instruments Revised May 2008 Contents Introduction 2 Statutory Instruments 2 What is a Statutory Instrument? 2 Drafting 2 Preamble 2 This Factsheet has been archived so the Explanatory Notes 2 content and web links may be out of Explanatory Memoranda 3 date. Please visit our About Parliament Parliamentary procedure on SIs 3 pages for current information. Frequently used terms 3 Negative Procedure 4 Affirmative Procedure 5 Rejection of Statutory Instruments 5 Joint Committee on Statutory Statutory Instruments (SIs) are a form of Instruments 6 legislation which allow the provisions of an The Lords Committee on the Merits Act of Parliament to be subsequently of Statutory Instruments. 6 brought into force or altered without Debates on SIs in the House of Parliament having to pass a new Act. They Commons 7 are also referred to as secondary, delegated Delegated Legislation Committees 7 or subordinate legislation. This Factsheet Other types of delegated legislation 8 Regulatory Reform Orders 8 discusses the background to SIs, the Debates on Regulatory Reform procedural rules they must follow, and their Orders 9 parliamentary scrutiny. It also looks at the Remedial Orders 10 other types of delegated legislation. Commencement orders 10 Orders in Council 11 Orders of Council 11 Local SIs 11 Finding out about SIs 11 Publication and Bibliographic Control 12 Appendix A 13 Statistics on delegated legislation and deregulation orders 13 Appendix B 15 Comprehensive summary table of what can and cannot be presented or laid during recesses. 15 Further Reading 16 MayContact 2008 information 16 FSFeed No.backL7 Ed form 3.9 17 ISSN 0144-4689 © Parliamentary Copyright (House of Commons) 2008 May be reproduced for purposes of private study or research without permission.
  • Review of the Exploitation of the Mussel, Mytilus Edulis, in Scotland

    Review of the Exploitation of the Mussel, Mytilus Edulis, in Scotland

    Review of the Exploitation of the Mussel, Myti/us edulis, in Scotland David W McKay and Sarah L Fowler No68 Review of the Exploitation of the Mussel, Mytilus edulis, in Scotland David W McKay and Sarah L Fowler 1997 The Nature Conservation Bureau Ltd 36 Kingfisher Court, Hambridge Road, Newbury, Berkshire RG14 5SJ Nominated Officer: K Duncan, Aquatic Environment Branch Report date: 1996 Report to: Scottish Natural Heritage Contract No: RASD/026/195 AEB This report should be cited as follows: McKay, D.W. and Fowler, S.L. 1997. Review of the Exploitation of the Mussel, Myti/us edulis, in Scotland. Scottish Natural Heritage Revjew. No 68 Scottish Natural Heritage Scottish Natural Heritage Publications Section Research and Advisory Services Directorate Battleby, Redgorton, Perth PH1 3EW 2 Anderson Place, Edinburgh EH6 5NP UNITED KINGDOM UNITED KINGDOM ISSN 1350-3111 Review ofthe Exploitation ofthe Mussel, Mvtilus edulis in Scotland Contents 1. Summary ............................................................................................................................................... 1 2. Introduction ........................................................................................................................................... 2 3. Methods ................................................................................................................................................ 3 3 .1. Questionnaire survey ..................................................................................................................
  • Messages of the Governors of the Territory of Washington to the Legislative Assembly, 1854-1889

    Messages of the Governors of the Territory of Washington to the Legislative Assembly, 1854-1889

    UNIVERSITY OF WASHINGTON PUBLICATIONS IN THE SOCIAL SCIENCES Volume 12,pp. 5-298 August, 1940 MESSAGES OF THE GOVERNORS OF THE TERRITORY OF WASHINGTON TO THE LEGISLATIVE ASSEMBLY, 1854-1889 Edited by CHARLESi\'l.GATES UNIVERSITY OF WASHINGTON PRESS SEATTLE, WASHINGTON 1940 FOREWORD American history in the seventeenth, eighteenth, and nineteenth centuries is in large part the story of the successive occupation of new areas by people of European antecedents, the planting therein of the Western type of civilization, and the interaction of the various strains of that civilization upon each other and with the environment. The story differs from area to area because of differences not only in the cultural heritage of the settlers and in the physical environment but also in the scientific and technological knowledge available dur- ing the period of occupation. The history of the settlement and de- velopment of each of these areas is an essential component of the history of the American Nation and a contribution toward an under- standing of that Nation as it is today. The publication of the documents contained in this volume serves at least two purposes: it facilitates their use by scholars, who will weave the data contained in them into their fabrics of exposition and interpretation, and it makes available to the general reader a fas- cinating panorama of the early stages in the development of an Amer- ican community. For those with special interest in the State of Washington, whether historians or laymen, the value of this work is obvious; but no one concerned with the social, economic, or diplomatic history of the United States in the second half of the nineteenth century can afford to ignore it.
  • Untangling the Law

    Untangling the Law

    Open Research Online The Open University’s repository of research publications and other research outputs Untangling the law Journal Item How to cite: Pywell, Stephanie (2013). Untangling the law. New Law Journal, 163(7553) pp. 321–322. For guidance on citations see FAQs. c 2013 Reed Elsevier (UK) Ltd. Version: Accepted Manuscript Copyright and Moral Rights for the articles on this site are retained by the individual authors and/or other copyright owners. For more information on Open Research Online’s data policy on reuse of materials please consult the policies page. oro.open.ac.uk Untangling the law Stephanie Pywell challenges a widely held view on the classification of delegated legislation IN BRIEF • The widespread view that there are three types of delegated legislation – statutory instruments, byelaws and Orders in Council – is incorrect. • There are two types of delegated legislation – statutory instruments and byelaws - and five forms of statutory instrument – Orders in Council, Orders of Council, orders, rules and regulations. Introduction Delegated legislation is so called because it is made by an individual or body to whom Parliament has delegated law-making powers, normally by a parent, or enabling, Act of Parliament. The delegated legislation has the same authority as the Act. The nature and classification of delegated legislation features in most introductory-level law courses. For many years, most students have been taught that there are three types of delegated legislation: statutory instruments (SIs), byelaws and Orders in Council. Research using parliamentary papers indicates that this method of classification is misleading, and that it is appropriate to identify two distinct types of delegated legislation: • SIs, of which there can be considered to be five forms, and • byelaws.