Delegated Legislation

• Most Common Type
• Authority to Ministers/government deprtments for regulations in their areas
• e.g. Minister of Transport can make road regulations under Road Traffics Act

• Local Authorities
• Local issues e.g. alcohol in public places
• Also for certain companies eg. London Underground's Smoking Ban

• Made by Privy Council
• Can be used to tranfer responsibilities eg Welsh Assembly
• Emergency Powers Act 1920 - For when Parliament is not sitting.

• Time
• Expertise
• Emergencies

Judicial Review by anyone affected by the legislation - Ultra Vires = beyond powers set by Parliament, therefore void.

• Procedural Ultra Vires = not followed procedures required by Parliament eg Aylesbury Mushrooms failure to consult interested parties.
• Substantive Ultra Vires = beyond powers set

• Limits in parent/enabling act
• Scrutiny Committee - can refer back to HoL if:
• Imposes tax
• cannot be challenged in court
• exceeded powers in enabling act
• Affirmative Resolution before made into law
• Negative Resolution - objections within 40 days

Large numbers of non-primary legislation being made by those other than parliament - not as much scrutiny.

To prevent power being abused, and to make sure it is controlled.

• More time for Parliament to deal with other, more important issues/legislation
• Knowledge or expertise in that area can be applied
• Local people know local issues
• Quicker than a full Act of Parliament
• Can easily be revoked
• Can be used to rectify statutes quickly

• Undemocratic - unelected people making law
• Sub delegation to civil servants rather than the ministers
• Controls are often ignored/unaffective
• Lack of proper scrutiny - can be used to avoid inconvenience of scrutiny of full statute.