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Delegated Legislation…read more

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Is made by some person or body other than parliament, but has the
authority of parliament
An enabling act is an act of parliament that delegates power to certain
person/body to enact delegated legislation
Access to justice ­ lord chancellor powers over legal funding
Criminal Justice Act ­ Home Secretary powers to make delegated
There are three types of delegated legislation
1. Orders in Council
2. Statutory Instruments
3. Bylaws
Challenged in the courts under Ultra Vires and the processes are judicial
review or through civil claim between two parties
Legislative and Regulatory Reform Act 2006
1. Gives the power to make any provision order if it will remove a `Burden'
resulting form legislation
2. The main limitation of this act was that it cannot be used for highly
controversial reforms
3. It allows ministers to change a act even is the act has not given them power
to do so
4. Burdens ­ financial cost, administrative inconvenience, obstacle to
productivity and affects carrying out of law…read more

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Orders in Council
Are made by the queen and the Privy
Council (PM and senior members of
Laws can be made without going through
the parliament process
Gives effect to European Directives
keeping law in line with EU
Made in Emergency Situations -
Emergency Powers Act 1920
Civil Contingencies Act 2004
Create law relating to a situation ­
misuse of Drugs Act 1971…read more

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Statutory Instruments
Are Rules and Regulations by
government ministers
Authority to make regulations on areas of
their responsibility
Around 3000 a year
Enabling act fro Lord Chancellor is
Constitutional reform Act 2005
Enabling Act for home Secretary is
Serious Organised Crime and Police Act
The enabling act gives powers to allow
delegated law to be made…read more

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Made by local authorities to cover
matters in their area
Can be made by public corporations that
have jurisdiction e which involves the
County councils, district councils, town
councils, city councils
Can be made on dog walking, cycling,
parking and skateboarding…read more

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The Need for Delegated
1. Parliament does not have time to
consider every small detail of
2. May be need for expert input if the law
is on a specific point
3. Delegated legislation is quicker to pass
and can ensure that laws are kept up to
4. Consultation ­ all regulations must be
consulted by people that have
knowledge in the area…read more

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