Asif Tufal

DELEGATED LEGISLATION

DEFINITION
Law made by some person/body under powers deriving from an Act of Parliament. That
statute is known as a parent or enabling Act. An example is:

TYPES OF DELEGATED LEGISLATION

Statutory Instruments are Bye-Laws are made by local Orders in Council are laws
regulations made by authorities to cover matters made by and with the advice
Government Ministers and within their own area. An of Her Majestys Privy
Departments. An example is: example is: Council and are used, for
example, for transferring
responsibilities between
Government Departments,
extending legislation to the
Channel Islands, and under
the Emergency Powers Act
They can also be made by 1920.
certain public corporations
and certain companies for An example is the
matters within their Government controlling fuel
jurisdiction which involve the supplies during the fuel crisis
public. An example is: in 2000.

ADVANTAGES DISADVANTAGES
Saves Parliamentary time. It is undemocratic (except for bye-laws).

Parliament passes the parent Act and those Sub-delegation occurs whereby law making
with technical expertise or necessary power is passed on to civil servants by
knowledge can fill in the details. Government Ministers.

Government Ministers often consult There is a large amount of statutory

interested bodies and parties before drafting instruments (over 3,000 per year).
statutory instruments.
Delegated legislation is not well publicised in
Delegated legislation is more flexible than an contrast to debates on Bills in Parliament.
Act of Parliament. It can be passed quickly
and easily amended or revoked, so that the Delegated legislation may be obscurely
law is up to date. worded and difficult to understand.
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Asif Tufal

CONTROL OF DELEGATED LEGISLATION

Parliament Courts
The Delegated If a statutory The Joint Select Delegated legislation
Powers Scrutiny instrument is subject Committee on can be challenged in
Committee reports: to the affirmative Statutory Instruments the High Court QBD
resolution procedure, (the Scrutiny through the process
whether the it will not become Committee) reviews of judicial review, on
provisions of any Bill law unless all statutory the ground that it is
inappropriately specifically approved instruments and will ultra vires, ie, an act
delegate legislative by Parliament. refer them to that has gone beyond
power, or Parliament if they: the limits of power
Most statutory granted; or that it is
whether the power instruments will be go beyond the unreasonable.
is subject to an subject to the powers of the
inappropriate degree negative resolution enabling Act; The grounds for
of parliamentary procedure whereby judicial review are:
scrutiny. the statutory reveal an unusual
instrument will or unexpected use of Procedural ultra
The Committee become law unless the powers; or vires. An example of
advises the House of rejected by this is:
Lords before the Parliament within 40 have been drafted
Committee Stage of days. defectively or are
the Bill. unclear.
Effectiveness? The
How effective is this negative resolution How effective is this
committee? procedure, which is committee?
more common, offers
less control over Substantive ultra
statutory instruments. vires. An example of
this is:

Unreasonableness.
An example of this
is:

Notes and activity based upon J. Martin, AQA Law for AS, p52-55.

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