Delegated Legislation in The United Kingdom - Making of Delegated Legislation

Making of Delegated Legislation

Delegated legislation is usually made by being signed by the person making it (or an authorised delegate of that person, for example a Senior Member of the Civil Service), although in the case of Orders in Council the verbal assent of the Queen is sufficient (however the fact that this has been given is recorded through the signature of the Clerk to the Privy Council).

Most delegated legislation is required (by the parent Act) to be made using a Statutory Instrument. This ensures that the legislation is catalogued and (apart from a few exceptions) published by the Queen's Printer, thereby making it available to the public as a whole.

However where delegated legislation is of only limited application (for example, most Directions and by-laws), and therefore not of general importance, the parent Act may not require that it be made using a Statutory Instrument. Instead, other provisions may be made for publishing the legislation. So, for example, an Order providing for the transfer of contracts from one National Health Service body to another may only be notified to the affected bodies, and by-laws made by a local council may be publicised through an announcement in local newspapers.

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