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:
- the Queen and states that it is to be exercisable by Order in Council; or
- 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)
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