Slides in this set
What is Delegated Legislation?
Delegated legislation is law made by a person or body who Parliament has
delegated law-making power too
Most laws passed each year by Parliament provide a framework for new law and
there is a need to complete more detailed rules
Parliament does not have the time and expertise to make all these detailed law
There is only certain debate time for a limited number of new laws and policy
It is important to delegate power to people and bodies who are better equipped to
make detailed legal reforms.…read more
Why is delegated Legislation needed?
Reasons for detailed new law:
New law may be needed for a certain part of the country where specialist local
knowledge may be required.
New law on a technical matter such as health will require specialist technical
An emergency or new situation may require new law to be made quickly.
Parliament does not always possess specialist local or technical knowledge to
make law quickly. The legislative process is not suitable in an emergency.…read more
How is the law-making powers delegated?
Though the Parent (Enabling) Act
The Enabling Act (primary legislation) is needed in order to delegate power and will give
authority to others to make law.
The Act contains outline framework of the new law.
There will be authority for a specified person (Government Minister) or body (local authority) to
make this law.
These provisions of the Enabling Act will delegate power to make law.
The Act will also specify which area law can be made in and any procedures the delegated
person or body needs to follow.
The delegated person or body will be best equipped with the knowledge and resources to
make the law required.
Example: The power to make law banning smoking will be given to a Government Minister who
has support of a specialist civil service department.
If power is given to a body such as a train or bus company, it will be given to make laws in
respect of their area of expertise (enforcement of payment of fares)…read more
Types of delegated legislation
Orders in Council:
One function of the Privy Council which remains is to make Orders in Council.
These are drafted by Government and given formal approval by the Queen and Privy Council.
There are 420 members but only 3-4 Government Ministers attend meetings at which Orders in
Council are made.
The Council consists of all current and former Government Ministers, senior politicians (leading
members of opposition parties), members of the Royal family, 2 archbishops, senior judges, the
British Ambassador and leading individuals of the Commonwealth.
The Appointment is made by the Queen on the advice of the Government and is for life.…read more
Situations in which orders in councils are
The transfer of responsibilities between Government Departments or Westminster departments to the
Scottish Parliament and the Welsh Assembly; this was done by the Scotland Act 1999, the Order 1999 and
the National Assembly of Wales (Transfer of Functions) Order 1999.
Dissolving Parliament before an election.
Bringing an Act of Parliament in to force.
The compliance with EU Directives, Example: Consumer Protection Act 1987 (Product liability) (Modification)
Order 2000 which was passed in order to comply with Product Liability Directive.
To deal with foreign affairs, Example: The Afghanistan (United Nations Sanctions) Order 2001 which made it
an offence to make funds available to Osama Bin Laden or the Taliban or anyone connected to them.
When Parliament is not in session and there is a National Emergency. Example: The terrorist attacks on 11th
September 2001 where an Order in Council was created.
The Terrorism (United Nations measures) Order 2001 which was made on the 10th October 2001 under the
provisions of the United Nations Act 1946 made it an offence provide funds to anyone involved in terrorism
and allowed the freezing of such funds.
In the case of emergencies, powers are given by enabling acts for the Queen and Privy Council to make law.
Examples: Emergency Powers Act 1920 and the Civil Contingencies Act 2004.…read more