Secondary Legislation

Secondary legislation, also known as delegated legislation, refers to laws or regulations that are made by bodies or individuals who are authorised by the legislative body to create them. It is a type of law that is created by an entity other than the primary legislative body, but it has the force of law.

Secondary legislation is often necessary to provide more specific details on how primary legislation should be implemented. For example, primary legislation may establish a general framework for a particular policy, but the details on how that policy will be carried out are left to secondary legislation.

Examples of bodies that may create secondary legislation include government departments, local councils, and regulatory bodies. The powers to create secondary legislation may be conferred on these bodies by primary legislation, or they may be created through executive powers.

Types of secondary legislation can include regulations, orders, bylaws, and statutory instruments. These laws typically deal with specific issues and may be updated or amended more easily than primary legislation, which often requires more significant changes and debate.

However, there are limitations to the power of secondary legislation. It must be consistent with primary legislation, and the primary legislative body has the power to repeal or amend secondary legislation if it is found to be inconsistent or contrary to the intent of primary legislation.

In short, secondary legislation is a type of law created by bodies other than the primary legislative body, authorised to do so by primary legislation. It is often necessary to provide more specific details on how primary legislation should be implemented, and it can be updated or amended more easily than primary legislation. However, it must be consistent with primary legislation and is subject to the power of the primary legislative body.
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