Delegated legislation

• Delegated legislation


  A form of secondary legislation made by other bodies outside of parliament
• Parliament only manage to pass a limited number of acts per year
• Delegated legislation permits other bodies to make law on parliament's behalf
• Acts contain the framework and the detail is left to be made by delegated legislation
• Privy council making law


  When parliament are on recess and law is needed urgently, the privy council can make law quickly in form of orders in council
• Ministers making law


  Relevant government ministers are able to make law in form of statutory instruments as they have the relevant technical knowledge
• Local authorities making law


  Local authorities can make law when needed in certain geographical areas in form of by laws
• Advantages of delegated legislation

  • Parliament don't have time to make all law we need so allowing other body's to make it on behalf of parliament saves time and is much quicker to produce than an act
  • Parliament may not be suitable to make law in some cases as they don't have the relevant expertise needed so the relevant minister of department are better suited to make law in their area of responsibility due their expertise
  • Law is needed in local areas which parliament aren't aware of so local authorities can make these laws for the welfare of society
• Disadvantages of delegated legislation


  • There are concerns over quality as it is done much quicker than parliament it could be rushed and poorly considered leading to appeals
  • Too much law may be made through delegated legislation making it difficult for lawyers to keep up to date
  • Delegated legislation can also be undemocratic as law can be made with just the authority of 1 person and controls like scrutiny committee aren't required so poor quality laws can lead to ultra vires
• Statutory instruments


  A form of delegated legislation made by ministers of the relevant government department who are given permission on behalf of parliament to make law
• Statutory instruments


  • Used to update law which is quicker than amending an act
  • Can be made very quickly even overnight, e.g. to change the amount of a fine for a criminal offence
  • The transport minister banned mobile phones whilst driving under the road traffic act
• By-laws


  A form of delegated legislation made by the local council with the authority of parliament, to make law in a certain geographical area
• By-laws


  • The local authorities the alcohol consumption in designated public places regulations 2007 where alcohol free zones where made
• By-laws have full force of law, as shown in the case of Boddington v British Transport Police
• Orders in council


  A form of delegated legislation made by the privy council, a body of 420 members of MPs, lords and ministers, to create law on parliament's behalf in emergencies or when parliament is on recess
• Orders in council


  • The terrorism measures order 2001 following the terrorist attacks, which made it an offence to fund terrorist groups and freeze any unknown funds
• How orders in council are made

  Drafted by the government of the day and sent to the privy council for approval, when approved it is sent to the monarch who signs it and the law is made
• Methods parliament uses to control delegated legislation


  • Enabling act states how, who and on what terms delegated legislation can be made
  • Affirmative resolution - delegated legislation does not become law unless it is sent to and approved by parliament
  • Negative resolution - delegated legislation is left for 40 days and if there is no objection it is made into law
  • Scrutiny committee - a panel of MPs and a minister scrutinise delegated legislation line by line
  • Requirement for delegated legislation to be published
• Methods courts/judiciary use to control delegated legislation


  • Judicial review in the high court - a high court judge can consider the validity of delegated legislation
  • Substantive ultra vires - law is made by a minister/privy council/local authority that an act does not permit them to make
  • Procedural ultra vires - the correct body makes a law but doesn't follow the procedure the act said, e.g. failing to send the draft to a scrutiny committee
  • By-laws can be declared invalid if they break the rules of unreasonableness, e.g. bias, corruption or irrationality