CHAPTER 10 SUPREME & DELEGATED LEGISLATION

CHAPTER 10
SUPREME & DELEGATED
LEGISLATION

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 10 SUPREME & DELEGATED LEGISLATION
SUPREME LEGISATION

LEGISLATION

Parliament is responsible for approving new laws (legislation). The government introduces most
plans for new laws, or changes to existing laws - but they can originate from an MP, Lord or even a
member of the public or private group. Before they can become law, both the House of Commons
and House of Lords must debate and vote on the proposals.

The House of Commons, domestically often referred to simply as the Commons, is the LOWER
HOUSE and de facto primary chamber of the Parliament of the United Kingdom

The House of Lords, also known as the House of Peers and domestically usually referred to simply
as the Lords, is the UPPER HOUSE of the Parliament of the United Kingdom. Membership is granted
by appointment or else by heredity or official arrangements.

The House of Commons is an elected body of 650 Members (MPs), each representing a
constituency (known as districts in Bangladesh) in the United Kingdom. The House of Lords is an
appointed, advisory body, which can hold up but not stop legislation passed in the Commons.

THE PROCESS IS AS FOLLOWS

1. Introducing legislation - Bills normally introduce new laws. Bills that deal with more political
or controversial issues usually begin in the Commons.

2. Defeating and delaying legislation - To become law the text of a Bill must be agreed by both
Houses. Either House can vote down a Bill in which case it will normally not become law - but there
are exceptions. The Commons can pass the same Bill in two successive years, in which case it can
become law without the agreement of the Lords. Bills which are only about money (raising taxes or
authorizing government expenditure) are not opposed in the Lords and may only be delayed for a
month.

3. Royal Assent - The reigning monarch has to approve all new laws - called the Royal Assent - but
this is a formality as in practice it is not withheld. Royal Assent was last withheld in 1708 when
Queen Anne refused a Bill to settle the Militia(Army) in Scotland.

4. When a Bill is given Royal Assent it becomes an Act of Parliament. It is then the
responsibility of the relevant government department to implement that law (eg, the Home Office
will deal with new Acts relating to immigration).

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 10 SUPREME & DELEGATED LEGISLATION
DELEGATED LEGISLATION

The duty of creating law goes to the legislature, known as the parliament, which consists of
two parts, House of Commons and House of Lords. But creating law is a long procedure and
sometimes the authority to make law is delegated to some other organizations from the
legislature with certain controls.

The legislations made by the authorities after they are empowered to do so by the
legislature are called delegated legislations.

The details about delegated legislations are described below:

ORDERS IN COUNCIL

The Queen and the Privy Council have the authority to make orders in the council. The Privy
Council is made up of the prime minister, and other leading members of the government. This type
of delegated legislation effectively allows the government to make legislation without going
through parliament. Its main use today, is to give legal effect to European directives. However, the
Privy Council has power to make law in emergency situations under the emergency powers act
1920 and the civil contingencies act 2004, Orders in council will be used to make other types of law.
A good example is in 2004 an order in council was used to change the misuse of the drugs act 1971
to make cannabis a class B drug.

- Afghanistan Order makes it illegal to fund Osama Bin Laden/Taliban.

- Extradition Act allowed the Extradition Order which allows terror suspects to be extradited
- Misuse of Drugs Act allowed cannabis to be reclassified from a B to a C.
- Consumer Protection Act allowed Product Liability Order

STATUTORY INSTRUMENTS

Statutory Instruments refers to the rules and regulations made by government ministers. They
are given authority to make regulations for areas under their particular responsibility. A good
example of what this means is that the Lord Chancellor has power regarding the legal aid schemes,
while the minister for transport is able to deal with necessary road traffic regulations. The use of
statutory instruments is a major method of law-making as there are about 3,000 statutory
instruments brought into force each year.
National Minimum Wage Act allows the government to increase the minimum wage as necessary.
Health Act allowed the Smoke free Regulations which bans smoking inside public places.
Police and Criminal Evidence Act sets out guidelines on how you should be treated in police
custody
Road Traffic Act allowed the Road Vehicle Regulations which ban mobile phones.

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 10 SUPREME & DELEGATED LEGISLATION
BYLAWS

Bylaws can be made by the local authorities to cover matters within their own area for example
West Yorkshire county council can pass laws affecting the whole county but a district or a town
council can only make bylaws for its district or town.

Local bylaws can involve traffic control, such as parking restrictions. Bylaws can also be made by
public corporations and certain companies for matters within their jurisdiction which involve the
public. This means that bodies such as the British airports authority and the railways can enforce
rules about public behavior on their premises.

- An example of this can be the smoking ban on the London underground system. Clean
Neighborhoods and Environment Act allowed poop scoop areas. Boddington was fined £10 for
smoking on a train.
- National Trust Act allows the National Trust to ban horse-riding.
- Greater London Authority Act allowed Trafalgar Square and Parliament Square Garden Bylaw
which bans feeding birds.

PARLIAMENTARY CONTROLS OVER DELEGATED LEGISLATION

• DL must be made under the authority of a Parent Act

• It states who can make it, who they must consult, what it should be about, which method
should be used and
• It can be made via affirmative resolution
• This is where one or both Houses must vote on it
• This usually takes 28-40 days
• It can also be made via negative resolution
• This is the most popular method
• If no MP queries it within 40 days, it is automatically passed
• Scrutiny Committee look at DL for problems but have no power to change it
Judicial Controls

• If you are unhappy with a piece of DL you can ask for judicial review in the High Court
• A judge will look at it and if they agree they will declare it ultra vires which means beyond
the power.

Substantive ultra vires is where the topic of the DL is wrong

In AG v Fulham Corp, they created a commercial laundry facility but were supposed to make
washing facilities.

• Procedural ultra vires is where the procedure hasn’t been followed

In Aylesbury Mushroom, the Parent Act said to consult the largest mushroom growing

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 10 SUPREME & DELEGATED LEGISLATION
group. Aylesbury Mushroom Growers weren’t consulted but were 85% of UK mushroom
growers

Something can also be ultra vires if the decision is unreasonable

In Rogers v Swindon, a woman was denied access to a cancer drug but wasn’t told why. The court
said this was unreasonable and a reason was required.
Advantages of Delegated Legislation

• MP’s don’t have local knowledge but councils do

• It makes sense for people with local knowledge to decide local laws
• There are still some controls
• Some DL has to be voted on, there is the Scrutiny Committee and you can get judicial review
• It is faster than the Commons
• It takes 9 months to make a law in the Commons and it is important that laws can be made
quickly in a time of emergency
Disadvantages of Delegated Legislation

• The controls are limited

• Most votes take place when few members are present and the Scrutiny Committee has no
power
• It is not democratic law making
• Law should be made by Parliament as a whole, not individual ministers
• Lack of publicity
• Approx. 3000 are made a year but most people only find out about very few as the rest do
not pass the judicial review.

THANK YOU

LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)

 CHAPTER 10 SUPREME & DELEGATED LEGISLATION

1. Describe Judicial Control for delegated legislation. (6 MARKS)

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2. Explain the steps involved to create a Supreme Legislation? (10 MARKS)

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3. Explain the characteristics of any 2 Delegated Legislations? (8 MARKS)

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4. Describe the advantages & disadvantages of Delegated Legislation? (8 MARKS)

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LECTURER: N. NEWAZ KARIM (ACCA AFFILIATE)