Delegated legislation

• Reasons for the use of Delegated Legislation

  1. DL is law made by specific bodies outside parliament as P does not have the time or expertise or the legislation is only required locally, or during recess- passed through an enabling/ parent act

  • Statutory instrument- allows new law to be made by the specific minister onto existing legislation (The Road Vehicles Regulations 2003)
  • Orders in council- made by the privy council (health and safety at work regulations)
  • By-Laws- made by local authorities (Alcohol consumption/ dog fouling)
• Explain what is meant by statutory instrument

  1. Form or 'secondary legislation and made by ministers of relevant departments using a parent/ enabling act
  2. much quicker than amendments as they can be made overnight
  3. Road Traffic Act (1988)- Road Vehicles Regulations (2003)
  4. Minimum Wage Act 1998- increase
• Explain what is meant by By-laws

  1. Pieces of DL made by Local Authorities- they have the force of law but only within their areas- made through councils using an enabling act
  2. Dogs (fouling of land) Act 1998- allowed for fines
  3. Local Authorities (Alcohol Consumption in designated Public Places) Regulations 2007
  4. Boddington v British Transport police- By-laws have full force of the law
• Explain what is meant but Orders in Council

  1. Form of DL created by the privy council- 420 members and headed by Lucy Powell- "Mini parliament" and used for emergencies or recess

  Examples:

  • The Terrorism (United Nations measures) order 2001- Freeze funds of those who were funding terrorist groups
  • The Energy Act (Reserve Powers) Order 2000- army was allowed to distribute fuel whilst the truck drivers were on strike
• Explain how parliament powers its delegates to others and its effectiveness

  1. Parliament controls DL- they are supreme
  2. The enabling act- has guidelines which the DL has to follow
  3. Can appeal or amend the law
  4. Affirmative resolution- has to go to a panel of MP's before it can be enforced
  5. Negative resolution- draft is left in parliament for 40 days, only passed if no objections
  6. Publication rules- has to be made to the public, if not it is invalid
• Explain how the courts control the use of DL and its effectiveness

  1. Judicial review- High court judge reviews DL and if its in accordance to the enabling act
  2. Substantive Ultra Vires- gone beyond the powers allowed in the enabling act ( AG v Fulham Corp)
  3. Procedural Ultra Vires- correct procedure not followed, failure to send the draft to scrutiny- affirmative resolution ( Aylesbury Mushroom)
  4. Unreasonableness- Wednesbury case
• Advantages of DL


  • allows for law to be made by other bodies
  • DL is quicker
  • allows for areas of expertise to make laws
  • sometimes law is best made locally
  • those who make DL are able to be made accountable
  • enabling act is thorough and clear
• Disadvantages of DL

  • concerns over quality
  • may be too much law made by DL
  • can be undemocratic
  • controls often not required- and time consuming
  • DL will sub-delegate