Delegated Legislation

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  • Topic: Statutory law, Law, Act of Parliament
  • Pages : 2 (542 words )
  • Download(s) : 72
  • Published : April 12, 2013
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Delegated Legislation
Delegated legislation, also referred to as secondary legislation, is legislation made by a person or body other than Parliament. Parliament, through an Act of Parliament, can permit another person or body to make legislation. An Act of Parliament creates the framework of a particular law and tends only to contain an outline of the purpose of the Act. By Parliament giving authority for legislation to be delegated it enables other persons or bodies to provide more detail to an Act of Parliament. Parliament thereby, through primary legislation (i.e. an Act of Parliament), permit others to make law and rules through delegated legislation. The legislation created by delegated legislation must be made in accordance with the purposes laid down in the Act. The function of delegated legislation is it allows the Government to amend a law without having to wait for a new Act of Parliament to be passed. Further, delegated legislation can be used to make technical changes to the law, such as altering sanctions under a given statute. Also, by way of an example, a Local Authority have power given to them under certain statutes to allow them to make delegated legislation and to make law which suits their area. Delegated legislation provides a very important role in the making of law as there is more delegated legislation enacted each year than there are Acts of Parliament. In addition, delegated legislation has the same legal standing as the Act of Parliament from which it was created. There are controls in place in relation to delegated legislation to ensure that those who make law under it are doing it in an appropriate manner. Parliament exercises control over delegated legislation in that when the Act of Parliament is created, Parliament stipulate in the Act of Parliament the parameters with regard to delegated legislation. Further, there are scrutiny committees which consider delegated legislation within a Bill as it passes through the Houses of...
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