introduction

• Delegated legislation is where parliament delegates or passes on its powers to make laws to another body. Parliament does this by passing what is known as an Enabling Act
• three main forms of delegated legislation

  1. by-laws
  2. statutory instruments
  3. orders in council
• By-laws

  1. made by local authorities such as county councils in relation to local matters
  2. also made by public corporations in relation to their activities
• Statutory Instruments

  1. over 3000 SI passed each year
  2. used to give effect to EU law
  3. used to respond to developments
  4. used to update the law
• Orders in Council

  1. made by the Privy Council under powers delegated by an Enabling Act
  2. used to keep up with events
  3. used to deal with emergencies
• advantages

  1. it saves parliamentary time by removing the burden of legislating on every single issue
  2. ensures that laws are made by those with relevant expertise
  3. can be implemented quickly
• disadvantages

  1. undemocratic
  2. overused
  3. lack of effective control