How is enabling legislation different to delegated legislation?

Bit of Uni Business revision, unfortunately Law is one of my modules!





I wonder if anyone can help me get to grips with the following....


Most importantly, how is enabling legislation different to delegated legislation?





And could anyone give me a list of the sources of law?





Thanks in advance :)|||Delegated legislation (aka subsidiary legislation or secondary legislation) is legislation not made by parliament but under the authority of parliament.





There are 3 main types of delegated legislation, Bye-Laws, Statutory Instruments (SI's) and orders in council, an act of parliament usually known as the Parent or ENABLING act such as the Health and Safety at Work Act 1974. It lays down the framework for the law relating to the parent act.





Basically the Parent Act (aka Enabling) sets out the powers for more law to be made through the use of that act.





BYE LAWS:


Bye Laws are local laws which tend to be limited to a particular area, most bylaws are made by local authorities but other public and private bodies can eg. Military, Airport, Rail.





Bye laws are drawn up by relevant body and then approved by govt. minster responsible for that area of law such as the minister responsible for Local Govt.





The local govt. act 1972 gives local authorities the power to make bye laws to control nuisances, Section 235 gives power to make bye laws for "the good rule of govt. of the whole or part of the district or borough...and for the prevention and suppression of nuisances therein"





This might cover things like littering, parking, ball games, dog fouling, horse riding, or even skateboarding or playing music. Smoking on a train is a bye law as is trespassing on railway property and trespassing on military land (Parents Act: Military Lands act 1892)





SI's:


This is the most common form of delegated legislation, each SI contains large number of regulations and they are drawn up by govt. minsters under powers delegated by parliament, they are used to fill out the detail of the law when parliament does not have the time or expertise to do so, this is so it can be updated later on and changed on a regular basis, examples include environmental laws, planning laws and employment laws. 3500 SI's were passed in 2007.





The Road Traffic Act 1972 included requirement for a helmet to be worn on a bike but left it to Secretary of State to draw up detailed regulations as to the type of helmet. This was included in the Motor cycles (protective helmets) Regulations 1980 (an SI).





ORDERS IN COUNCIL:


Orders in Council are made by the privy council which was once the group of minsters who acted as chief advisers to the monarch, it is now made of past and present senior ministers and they make law, orders in council can be made to transfer powers between govt. depts or made make emergency laws in time of national crisis or when law needs to be passed quickly or if parliament is not sitting.





This parent act for this was The Emergency Powers Act 1920 and examples of its use include the foot and mouth crisis and the energy act 1976 (Reserve powers order 2000).





I shortened it as much as I could, hope it helps. Hope uni goes well, thinking of taking business there myself in a year. I missed some bits out but that's the main stuff.