Statutory Instrument (UK) - Requirement To Use A Statutory Instrument

Requirement To Use A Statutory Instrument

A Statutory Instrument is used when an Act of Parliament passed after 1947 confers a power to make, confirm or approve delegated legislation on:

  1. the Queen and states that it is to be exercisable by Order in Council; or
  2. a Minister of the Crown and states that it is to be exercisable by Statutory Instrument.

Minister of the Crown includes the Welsh Ministers and various Acts provide that delegated legislation, although made by another person (for example, the General Dental Council), is also to be made by Statutory Instrument.

A Statutory Instrument is also be used when the Queen in Council or a Minister exercises a power under an Act passed before 1947 which is legislative, rather than executive, in character.

Use of a Statutory Instrument is not required where the parent Act does not specify it. This may be the case where delegated legislation is of only limited application and therefore not of general importance. 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.

Read more about this topic:  Statutory Instrument (UK)

Famous quotes containing the words requirement and/or instrument:

    “The work of the political activist inevitably involves a certain tension between the requirement that positions be taken on current issues as they arise and the desire that one’s contributions will somehow survive the ravages of time.”
    —Angela Davis (b. 1944)

    “I have an intense personal interest in making the use of American capital in the development of China an instrument for the promotion of the welfare of China, and an increase in her material prosperity without entanglements or creating embarrassment affecting the growth of her independent political power, and the preservation of her territorial integrity.”
    —William Howard Taft (1857–1930)