Delegated Legislation

Topics: Statutory law, Law, Administrative law Pages: 2 (456 words) Published: May 7, 2014
Delegated Legislation is law made by a body other than Parliament.  Parliament gives others the power to pass delegated legislation in a parent or enabling act.  
Act of Parliament (Statutes) - Primary Legislation
Delegated Legislation (i.e. statutory Instruments) - Secondary Legislation  

  
The Town Hall in Rugby - local borough councillors can create secondary legislation in the form of bylaws

 
Why is Delegated Legislation Needed? 
Lack of Parliamentary time
Allow detail to be added at a later date
Makes use of local knowledge, i.e. bylaws  (Local laws for local people!) Makes use of expert technical knowledge
Easier to amend than an Act of Parliament
More time can be taken to consider secondary legislation
Types of Delegated Legislation
 
Bylaws - Made by local authorities (For example Borough Councils) to deal with matters which affect their local area.  
Statutory Instruments - Made by Government Ministers, usually to add the detail to a piece of primary legislation, these ususally affect the whole country.  
Orders in Council - Made by the Queen and Privy Council.  These are made when Parliament is not sitting, usually in emergency situations.  
The Control of Delegated Legislation
 
Control by Parliament
The enabling (or parent) Act sets limits on the power given to bodies to pass delegated legislation The Affirmative Resolution procedure requires some statutory instruments to be voted on by Parliament. The Negative Resolution procedure means that most statutory instruments become law unless a debate is requested by a Member of Parliament (MP). The Scrutiny Committee considers whether the provisions of a Bill give inappropriate law making powers to other bodies. The Joint Select Committee on Statutory Instruments reviews all statutory instruments and brings to the attention of Parliament any points that need to be considered. Government Ministers are accountable and can be questioned by Parliament Control by the Courts

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