Delegated Legislation

Delegated Legislation means...

• Legislation that has been given to other bodies or individuals by Parliament
• It is delegated to them via a Parent/ Emabling Act which will outline the framework of the new law and the guidelines by which the body or individual must follow in creating the law
• The fact that the law is not being created by Parliament makes it secondary legislation

General supervision of delegated legislation

• Parent/ Enabling Act

- Framework of legislation, powers that Parliament wishes to delegate

- Only people/ body specified in the parent Act have power to make law, and the extent of that power is also specified

- Parliament is still supreme, ultimately stays in control of how and what law is made

• Consulation

- It may be suggested in the parent Act, that certain organisations or experts must be consulted before delegated legislation is made

• Publication

- All delegated legislation is published and made available for interested parties to read

There are 3 types of delegated legislation

• Statutory Instruments

These are created by Government Ministers (+ often civil servants, who are sub-delegated the law when the Government Minister has no time

Statutory Instruments are regulations in effect and are a major form of law making

Examples include:

Regulations (Road Vehicles (Display of Registration Marks) Regulations 2001)

Orders (Foot and Mouth Disease Orders)

Rules (The Prison Rules 1999)

And Codes of Practice

Detailed example:Dangerous Dogs Acr 1991 wherein the Home Secretary was put in charge of putting more dog breeds on the Dangerous Dogs list

• By-laws

These are made by local authorities (like a county council) or large corporations (likea train company)

Bylaws made by local authorities cover matters of local concern (dog fouling of footpaths; parking restrictions; consumption of alcohol outdoors; harbour regulations) and most are made under the Local Government (Miscellaneous Provisions) Act 1982

By Laws made by large corporations cover matters that affect those who use their services (smoking on trains; hose pipe bans; trespassing near railways); for example South West Trains Limited Railway Bylaws which are made under Section 129 of the Railways Act 1993

Detailed example:Dog (Fouling of Land) Act 1996 wherein a local council created a law which said that dogs were not permitted to foul on 'any land which is open to the air and to which the public are entitled or permitted to have access'

• Orders in Council

These are made by the Queen and Privy Council

They are usually drafted by a Government Minister and then approved by the Queen and 3 or 4 Councillors

They are commonly used in crisis situations under the Emergency Powers Act 1920 (e.g. fuel crisis 2000) and times when Parliament are not sitting, OR to deal with the transfer of responsibility between government departments or to devolved assemblies (e.g. Wales, Scotland and NI) and to former colonies

An example would be the Northern Ireland (Restoration of Devolved Powers) Order 2000 made under the Northern Ireland Act 2000

Detailed Example: The Afghanistan (United Nations Sanction…