Subordinate Legislation Explained Clearly

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Summary

Subordinate legislation, also known as secondary or delegated legislation, refers to laws made by an individual or body under powers given to them by an Act of Parliament in England. This can include regulations, orders, and bye-laws. The powers conferred by section 2(2) of the Act are limited and cannot impose or increase taxation, apply provisions retrospectively, allow legislation via secondary methods except for court rules, or create serious criminal offences with stringent penalties.

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please explain this Provisions as to Subordinate Legislation *(*)The powers conferred by section *(*) of this Act to make provision for the purposes mentioned in section *(*)(a) and (b) shall not include power— (a)to make any provision imposing or increasing taxation ; or (b)to make any provision taking effect from a date earlier than that of the making of the instrument containing the provision; or (c)to confer any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal; or (d)to create any new criminal offence punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine of more than £* (if not calculated on a daily basis) or with a fine of more than £* a day.
This provision restricts the powers conferred by the Act. It states that it cannot:
- Impose/increase taxation
- Create provisions retroactively
- Grant power to legislate through subordinate instruments, except for court/tribunal rules
- Create new criminal offences with severe punishments such as imprisonment over 2 years or fines over £*/£* per day.
Provisions as to Subordinate Legislation *(*)The powers conferred by section *(*) of this Act to make provision for the purposes mentioned in section *(*)(a) and (b) shall not include power— (a)to make any provision imposing or increasing taxation ; or (b)to make any provision taking effect from a date earlier than that of the making of the instrument containing the provision; or (c)to confer any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for any court or tribunal; or (d)to create any new criminal offence punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine of more than £* (if not calculated on a daily basis) or with a fine of more than £* a day.
This legislation limits the power of subordinate legislation. It cannot:
- Impose or increase tax
- Apply provisions retrospectively
- Allow legislation via secondary methods, except court rules
- Create serious criminal offences with stringent penalties.
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Subordinate legislation, also known as secondary or delegated legislation, refers to laws made by an individual or body under powers given to them by an Act of Parliament in England. This can include regulations, orders, and bye-laws.