Directions (delegated legislation)
Encyclopedia
Directions are a form of delegated legislation
used in the United Kingdom
.
An Act of Parliament
or other delegated legislation may confer a power on a Minister
to give Directions so as to enable that Minister to give instructions to a public body or group of public bodies which are not under the Minister's direct control. The directions thereby effectively convert instructions which would otherwise only have strong political weight to legally binding orders with which the recipient must comply.
Because they are generally of interest to a relatively limited group of public bodies, Directions are not generally made in the form of Statutory Instruments, but are instead published or notified to the affected bodies as the Minister sees fit.
Examples of such Directions include:
However some Directions are published by Statutory Instrument because they have a wider application or constitutional relevance. Examples include:
Delegated legislation
In the United Kingdom, delegated legislation is legislation or law that is passed otherwise than in an Act of Parliament . Instead, an enabling Act confers a power to make delegated legislation on a Government Minister or another person or body...
used in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
An Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
or other delegated legislation may confer a power on a Minister
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
to give Directions so as to enable that Minister to give instructions to a public body or group of public bodies which are not under the Minister's direct control. The directions thereby effectively convert instructions which would otherwise only have strong political weight to legally binding orders with which the recipient must comply.
Because they are generally of interest to a relatively limited group of public bodies, Directions are not generally made in the form of Statutory Instruments, but are instead published or notified to the affected bodies as the Minister sees fit.
Examples of such Directions include:
- Directions given by the Secretary of StateSecretary of StateSecretary of State or State Secretary is a commonly used title for a senior or mid-level post in governments around the world. The role varies between countries, and in some cases there are multiple Secretaries of State in the Government....
for Health to the National Health ServiceNational Health ServiceThe National Health Service is the shared name of three of the four publicly funded healthcare systems in the United Kingdom. They provide a comprehensive range of health services, the vast majority of which are free at the point of use to residents of the United Kingdom...
, - Directions given the Secretrary of State for Transport to the Strategic Rail AuthorityStrategic Rail AuthorityIn existence from 2001 to 2006, the Strategic Rail Authority was a non-departmental public body in the United Kingdom set up under the Transport Act 2000 to provide strategic direction for the railway industry....
, - Directions given by the TreasuryTreasuryA treasury is either*A government department related to finance and taxation.*A place where currency or precious items is/are kept....
to public bodies on their financial and accounting procedures.
However some Directions are published by Statutory Instrument because they have a wider application or constitutional relevance. Examples include:
- The Wafer Scottish Seal Directions 1999 under which the First MinisterFirst MinisterA First Minister is the leader of a government cabinet.-Canada:In Canada, "First Ministers" is a collective term that refers to all Canadian first ministers of the Crown, otherwise known as heads of government, including the Prime Minister of Canada and the provincial and territorial premiers...
of ScotlandScotlandScotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
gives instructions concerning the Great Seal of ScotlandGreat Seal of ScotlandThe Great Seal of Scotland allows the monarch to authorise official documents without having to sign each document individually. Wax is melted in a metal mould or matrix and impressed into a wax figure that is attached by cord or ribbon to documents that the monarch wishes to make official...
, - The Traffic Signs General Directions 2002 which give instructions to highways authorities about road signs.