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Henry VIII clause : ウィキペディア英語版
Statutory Instrument (UK)

A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.
Statutory instruments are governed by the Statutory Instruments Act 1946.〔(Statutory Instruments Act 1946 ), section 1〕 They replaced statutory rules and orders, made under the Rules Publication Act 1893, in 1948.
Most delegated legislation in Great Britain is made in the form of a statutory instrument. (In Northern Ireland, delegated legislation is organised into statutory rules, rather than statutory instruments.) The advent of devolution in 1999 resulted in many powers to make statutory instruments being transferred to the Scottish and Welsh governments, and oversight to the Scottish Parliament and National Assembly for Wales. Instruments made by the Scottish Government are now classed separately as Scottish statutory instruments.
== Requirement to use a statutory instrument ==

A statutory instrument is used when an Act of Parliament passed after 1947 confers a power to make, confirm or approve delegated legislation on:
# the Queen and states that it is to be exercisable by Order in Council; or
# a Minister of the Crown and states that it is to be exercisable by statutory instrument.〔
''Minister of the Crown'' includes the Welsh Ministers〔Statutory Instruments Act 1946, section 1A, substituted by Section 160(1) and Schedule 10, Paragraph 1 of the Government of Wales Act 2006〕 and various Acts provide that delegated legislation, although made by another person (for example, the General Dental Council〔(Dentists Act 1984 ), section 45〕), is also to be made by statutory instrument.
A statutory instrument is also used when the Queen in Council or a Minister exercises a power under an Act passed before 1947 which is legislative, rather than executive, in character.〔Statutory Instruments Act 1946, section 1(2)〕
Use of a statutory instrument is not required where the parent Act does not specify it. This may be the case where delegated legislation is of only limited application and therefore not of general importance. Instead, other provisions may be made for publishing the legislation. So, for example, an Order providing for the transfer of contracts from one National Health Service body to another may only be notified to the affected bodies,〔Power to make an order under (section 95(1) of the National Health Service Act 2006 ) excluded from the requirement to use a statutory instrument by (section 272(3)(b) ) of that Act〕 and by-laws made by a local council may be publicised through an announcement in local newspapers.〔(Local Government Act 1972, section 236 )〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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