5: Delegated Legislation

• Delegated legislation (secondary legislation) is law made by someone other than parliament but with Parliament's authority
• Enabling/Parent Act

  When an Act with broad principles of law specifies who has the power to make further, detailed laws e.g Criminal Justice Act 2003, Access to Justice Act 1999
• 3 Types of Delegated Legislation

  • By Laws
  • Statutory instruments
  • Orders of Council
• By Laws

  Made by local authorities

  Deal with matters applying to an area e.g no ball games sign
• Statutory Instruments

  Made by Government Ministers

  Often called Ministerial Regulations

  e.g road traffic regulations
• Orders of Council

  Made by Privy Council, Signed by the Monarch

  Useful in times of emergency when Parliament isn't sitting e.g altered 'The misuse of Drugs Act' to make cannabis a Class B Drug
• Advantages of Delegated Legislation

  Doesn't overload Parliament with work

  Enforces rule of law

  Easier and less time consuming

  Gives public a sense of control
• Disadvantages of Delegated Legislation

  Might be ineffective

  Might undermine Parliament's supremacy

  Can be complex and difficult for public to understand
• Parliament Controls of Delegated Legislation

  Parent Act - specifies the person whose power has been delegated by parliament

  Delegated Powers Scrutiny Committee - examines the success of statutory instruments, provides a clear accessible process for the public

  Scrutiny Committee - provides checks on the decsion made by MPs, gets public feedback
• Court Controls of Delegated Legislation

  Judicial Review - all delegated legislation could be taken to court to decide whether it is in order or not

  Court's presumptions - courts will presume that (unless Act expressly allows it) there is no power to make unreasonable regulation, impose tax or allow sub-delegation