delegated legislation of administration law

1. Topic 2
Delegated legislation
Topic 2
Delegated
legislation

2. Topic 2
Delegated legislation
Types of delegated legislation
There are three main types of delegated legislation:
• bylaws
• statutory instruments
• Orders in Council

3. Topic 2
Delegated legislation
Introduction to delegated
legislation
Parliament does not have the time or the expertise to pass
every law that is required each year.
It is therefore necessary for it to give some of its power to
other people and organisations to make laws.
Parliament gives this power in an enabling Act.

4. Topic 2
Delegated legislation
Bylaws
Bylaws are made by local councils and other public bodies.
For example, a local council might wish to ban drinking in
its town centre. Another example would be the fines
incurred by people who let their dogs foul in public parks.
Public corporations, such as the bus and train services, are
able to impose fines for non-payment of fares.

5. Topic 2
Delegated legislation
Statutory instruments
Statutory instruments are regulations made by
government departments to implement the provisions
made in Acts of Parliament.
For example, the Department of Constitutional Affairs can
make changes to the provision of legal aid under the Legal
Aid Act 1998.

6. Topic 2
Delegated legislation
Orders in Council
Orders in Council are laws passed by the Privy Council,
which is a group of senior politicians who are allowed to
make law without the need for the whole of Parliament to
be sitting.
The Privy Council has the power to pass laws in times of
emergency with the permission of the queen under the
Emergency Powers Act 1920. It may do this in wartime.

7. Topic 2
Delegated legislation
Controls on delegated legislation
• general supervision of delegated legislation
• parliamentary supervision of delegated legislation
• court supervision of delegated legislation

8. Topic 2
Delegated legislation
General supervision
Enabling Act: the enabling Act sets out the powers that
Parliament wishes to delegate.
Consultation: the enabling Act may specify 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.

9. Topic 2
Delegated legislation
Parliamentary supervision
• All bylaws are checked by the relevant government minister.
• All statutory instruments are scrutinised by a group of
MPs known as a select committee.
• Affirmative resolution procedure -requires some statutory instruments
to be voted on by Parliament.
• Negative resolution procedure - means that most statutory
instruments become law unless a debate is requested by a Member of
Parliament (MP).
• Question time - Government Ministers are accountable and can be
questioned by Parliament

10. Topic 2
Delegated legislation
Court supervision
Judicial review
Under judicial review, an organisation or member of the
public may challenge a piece of delegated legislation in the
High Court.
The judge will interpret the wording of the enabling Act to
decide whether the law was made ultra vires (beyond the
powers granted by Parliament). If the legislation is found
to be ultra vires, it will be declared void.

11. Topic 2
Delegated legislation
Judicial review
Substantive ultra vires: delegated legislation will be
declared void if it allows something that the enabling Act did
not intend, e.g. Commissioners of Customs and Excise v Cure
and Deeley (1962), or if the law made under the enabling Act
is ‘unreasonable’ (‘Wednesbury unreasonableness’).
Procedural ultra vires: the enabling Act may set out
certain procedures that must be followed before delegated
legislation can be passed, e.g. Agricultural, Horticultural and
Foresty Training Board v Aylesbury Mushrooms Ltd (1972).

12. Topic 2
Delegated legislation
Advantages of delegated
legislation
• It saves time. Parliament is only able to pass about
50 Acts of Parliament per year. It is therefore vital for it
to delegate power to make the thousands of other
necessary laws.
• It is flexible. Delegated laws can be passed more
quickly if they are not required to go through the official
legislation process.
• It is made by experts.

13. Topic 2
Delegated legislation
Disadvantages of delegated
legislation
• It is undemocratic because it is made by unelected
people rather than by Parliament.
• The sheer quantity of delegated laws made each year
makes it difficult for the public to be informed of all
the changes to the law.
• Although there are controls and checks for delegated
legislation, the large quantity makes it difficult for
proper scrutiny to occur.