Direction (delegated Legislation)
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Directions are a form of
delegated legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democ ...
used in the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
and
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
.


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 A statutory corporation is a government entity created as a statutory body by statute. Their precise nature varies by jurisdiction, but they are corporations owned by a government or controlled by national or sub-national government to the (in ...
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. One exception to this is The Exception from the Duty to Publish (Department for Business and Trade) (No. 1) Direction 2023. Examples of such Directions include: * Directions given by the Secretary of State for Health to the
National Health Service The National Health Service (NHS) is the term for the publicly funded health care, publicly funded healthcare systems of the United Kingdom: the National Health Service (England), NHS Scotland, NHS Wales, and Health and Social Care (Northern ...
, * Directions given the Secretrary of State for Transport to the Strategic Rail Authority, * Directions given by the
Treasury A treasury is either *A government department related to finance and taxation, a finance ministry; in a business context, corporate treasury. *A place or location where treasure, such as currency or precious items are kept. These can be ...
to public bodies on their financial and accounting procedures.HM Treasury Accounts Directions 2007/2008
retrieved 26 April 2008 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 Minister of Scotland The first minister of Scotland () is the head of government of Scotland. The first minister leads the Scottish Government, the Executive (government), executive branch of the devolved government and is th ...
gives instructions concerning the
Great Seal of Scotland The Great Seal of Scotland (; also the Scottish Seal; formally the Seal appointed by the Treaty of Union to be kept and made use of in place of the Great Seal of Scotland) is a seal used by the first minister of Scotland to seal letters pate ...
,
The Traffic Signs General Directions 2002
which give instructions to highways authorities about road signs. They are distinct from ministerial directions, which are formal directions to proceed requested by civil servants should a spending proposal fail to meet the criteria for appropriate public spending.


References

Law of the United Kingdom {{UK-law-stub