Delegated Legislation

Types of delegated legislation, Reasons, Controls, +/-

HideShow resource information
  • Created by: Lawrence
  • Created on: 20-05-10 16:15

Statutory Instruments

  • 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
1 of 11


  • Local Authorities
  • Local issues e.g. alcohol in public places
  • Also for certain companies eg. London Underground's Smoking Ban
2 of 11

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.
3 of 11

Why delegate legislation?

  • Time
  • Expertise
  • Emergencies
4 of 11

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
5 of 11

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
6 of 11

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.

7 of 11

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
8 of 11

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.
9 of 11

10 of 11

Control by Courts

11 of 11


No comments have yet been made

Similar Law resources:

See all Law resources »See all Delegated legislation resources »