delegated legislation

• delegated legislation- law made by some person or body other than Parliament but with the authority of Pariliament.
• 3 types of delegated legislation:

  • Orders in Council
  • statutory instruments
  • by-laws
• Orders in Council:

  King and Privy Council have the authority to make orders in council. Privy Council consist of the Prime minister and other leading members of government.

  Orders in Council can be made on a wide range of matters especially;

  • transferring responsibility between government departments
  • bringing Acts of parliament into force
  • as a member of EU, giving legal affect to European Directives
• Privy Council also has the power to make law in emergency situations under Civil Contingencies Act 2004
• statutory instruments- rules and regulations made by government ministers.
• Statutory instruments:

  They can be very short and can cover one point like making the annual change to the minimum wage however others are very long such as detailed regulations which were too complex to include in Acts of Parliament.

  • Building Regulations 2010
• By-Laws:

  Made by local authorities to cover matters within their own area.
• Control of delegated legislation: checks on delegated legislation

  • affirmative resolution- small number of statutory instruments here, wont become law until approved by parliament.
  • negative resolutions- the relevant statutory instrument will be law unless rejected by Parliament within 40 days.
  • questioning of government ministers
  • scrutiny committee- reviews all statutory instruments and will draw attention to points for further consideration. Have no power to alter any statutory instrument.
• The Legislative and Regulatory Reform Act 2006:

  Act sets out procedure for making of statutory instruments which are aimed at repealing an existing law in order to remove a 'burden', burden means;

  • a financial cost
  • an administrative inconvenience
• 3 possible procedures under Legislative and Regulatory Reform Act 2006:

  • negative resolution procedure- minister recommends this procedure should be used, it will be used unless within 30 days one of the Houses objects.
  • affirmative resolution procedure- requires both houses of parliament to approve the order
  • super affirmative resolution procedure- the minister must have regard to any representations, resolution of any house of parliament.
• Ultra vires- goes beyond the powers that Parliament granted in the enabling act. Where any delegated legislation is ultra vires, then it is not valid law.
• reasons for use of delegated legislation:

  • need for detailed law
  • need for expert knowledge
  • need for local knowledge
  • need for consulation
• advantage of delegated legislation;

  • saves parliamentary time
  • access to technical expertise
  • allows consultation
  • allows quick law making
  • easy to amend
• disadvantages of delegated legislation;

  • undemocratic
  • sub delegation
  • large volume and lack of publicity
  • difficult wording