- 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
Orders in Council
- Made by Privy Council
- Can be used to tranfer responsibilities eg Welsh Assembly
- Emergency Powers Act 1920 - For when Parliament is not sitting.
Why delegate legislation?
Court Control over Delegated legislation
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
Parliamentary Control over Delegated Legislation
- 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
Why do we need controls over delegated legislation
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.
Advantages of delegated legislation
- 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
Disadvantages of Delegated Legislation
- 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.