Types of subsidiary legislation, Business Law and Ethics

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TYPES OF SUBSIDIARY LEGISLATION:

However the definition of subsidiary legislation in s.2 of the Interpretation and General Provisions Act reflects the great variety of nomenclature utilized through lawyers in relation to delegated legislation. Furtherly the following are the two major groups into that they fall:as;

(i) By-Laws

However By-Laws are mostly made by Local Authorities, such as the Mombasa Municipal Council, under the Local Government Regulations Act, 1963.  Hence another example are the by-laws made through the members of co-operative societies under Rule 7 of the Cooperative Societies Rules 1969.

 Rules

Mostly rules are made through Government Ministers by the assistance of technical officers employed through their Ministries.  Let a case are the Cooperative Societies Rules, 1969 that were made through the Minister for Co-operative Development under powers conferred at him with s.84 of the Co-operative Societies Act, 1966.

Thus Rules made by Government Ministers may also be called Regulations, Orders, or Proclamations or Notices.


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