Revision:Delgated legislation

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Delegated Legislation - Summary

WHAT IS DELEGATED LEGISLATION?

Stemming from the Local Government Act (1972), Delegated Legislation is a Law made by someone, other than Parliament, but with the authority of Parliament.

The authority is usually laid down in a ‘Parent’ Act, known as an Enabling Act, which creates the framework of the law, allowing delegated legislation to make a more detailed law in the area.

PARENT/ENABLING ACTS

An Act of Parliament will set the framework for the Delegated Legislation. An example of an Enabling Act could be the Disability Discrimination Act (1995) which gave the Secretary of State powers to make regulations, both on the provision of services and discrimination in employment.

TYPES OF DELEGATED LEGISLATION

• Orders in Council
  • Made by the Crown and Privy Council

• Statutory Instruments
  • Made by Government Ministers

• Bylaws
  • Made by local authorities and public corporations

REASONS FOR DELEGATED LEGISLATION

• Knowledge and expertise

• Saving of Parliamentary time
• More flexible than Acts of Parliament

• In cases of emergency

CONTROL OVER DELEGATED LEGISLATION

• By Parliament
  • Parliamentary Scrutiny Committee
  • Affirmative Resolution
  • Negative Resolution
  • Publication
• By The Courts
  • Judicial Review

DISADVANTAGES OF DELEGATED LEGISLATION

• Undemocratic
  • Rarely goes through a voting system

• Risk of sub delegation
  • Delegated legislation is sometimes made by people other than those who were given the original power to do so

• Large volume
  • Delegated legislation outnumber Acts of Parliament by five to one

• Lack of publicity
  • Although published, they are not given the same public scrutiny as standard Acts of Parliament

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