Act of Parliament and a Statutory Instrument.
Essay by Nicolas • August 12, 2012 • Essay • 326 Words (2 Pages) • 1,511 Views
A big number of secondary legislation comes into force each year. The subordinate government authorities are given the power under parent act by the parliament to draft secondary legislation falling under their responsibility as they have more knowledge and expertise for their own particular department.
On several occasions secondary legislation is only brought into force temporarily until certain issues or concerns are addressed for e.g. The M6 Motorway (Junctions 10 to 8) (Temporary Prohibition of Traffic) Road Traffic Order 2012 No. 865, prepared by the Department of Traffic executives. This legislation came into force 19th March 2012, where the junctions 10 to 8 will be closed due to road works taking place on M6 motorway from 20:00 hours on Saturday, 24th March 2012 until the road works are completed (no set completion date and time mentioned in the legislation). Therefore the statutory instrument No. 865 will remain into force for an uncertain period of time prohibiting the use of the motorway or the slip road except for the police, fire brigade and ambulance. Statutory notices are published in local newspapers and a circular is sent to local authorities affected. The local council uses road signs to notify the road users for the disruption caused by the road works and also diversion signs for alternative routes for smooth traffic flow, the closed road may also be blocked by traffic cones so that the work in progress route is not accessed by the road users.
A big number of secondary legislations are originally derived from primary legislation in a form of modification, amendments, further extension or regular updates (keeping in mind the new technology which can make certain clause inapplicable). For e.g. the secondary legislation - The Control of Substances Hazardous to Health Regulations 2002 No. 2677 prepared by the Health and Safety Commission and the Health and Safety Executive (HSE), originates from and affects the primary legislation - Health and Safety at Work etc. Act 1974 c37.
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