delegated legislation

Delegated legislation

Delegated legislation: A law made by a person or body who Parliament has given law making power to.

Enabling Act: An original Act passed by Parliament which enables another person or body to make law.

Orders in council: Laws made by the Queen and the Privy Council which are enforceable in the courts. Thse are drafted by the government and approved by the queen. These laws are made in situations such as;

• Transfering responsibilities between government departments such as the Scotland Act 1998.
• Dissolving Parliament before an election.
• Bringing an Act of Parliament into force.
• Dealing with foriegn affairs e.g. The Afghanistan Order 2001
• In times of an emergency e.g. The Terrorism Order 2001

Statutory Instruments: Laws made by Government ministers within the area of responsibility. These are drafted by the legal department o the relevant government department.

• These are often used to update law e.g. National Minimum Wage Act 1998.
• Ofetn used in form of Commencement orders  to specify when an Act must come into force e.g The Railways Act 2005.
• They also make law that is made to comply with EU Directivessuch as the the Unfair Terms in Consumer Contracts Regulations 1999 comply with the Unfair Terms In Consumer Contracts Directive 1993.

By-Laws- Made by local authorities and public bodies including companies.

• to make laws for the good government of local areas e.g. By-Laws made under the Dogs Act 1996
• make laws regulating the behaviour of the public on property belonging to a public body or government e.g. By-Laws restricting smoking on trains and stations.

Controls on Delegated Legislation

Parliamentary control

This is through the limits that its enabling Act sets. Therefore only people who are specified in the Parent Act have the power to make law and the extent of their power is also set out in the parent Act. It also states how the delegated legislation must be made and can set out certain procedures that it must follow. Thus, parliamentary surpemacy remains in control of law making so it is not comprimised.

• Parliament can repeal or amend the delegated legislation- this is limited as parliament cannot check all delegated legislation so most remain unnoticed.
• All By-Laws and delegated legislation are under the authority of the relevant government ministers such as the Children and Young Persons Act 1933 being approved by the secretary for health. So, these laws are overseen by experts in the relevant area.
• The scrutiny commitee review statutory instruments…