Delegated Legislation

What is Delegated Legislation?

Delegated Legislation is when Parliament gives some of its law making power to other subordinate authorities, by passing an enabling Act.

Name the three main types of Delegated Legislation.

Statutory Instruments

By-laws

Orders in Council

Statutory Instruments

Made by government ministers.

Used for detailed updates or technical changes.

Example: updating the minimum wage.

By-laws

Made by local authorities or public corporations for local issues.

Must be approved by central government.

Example: TfL banning alcohol on the Tube

Orders in Council

Made by the Privy Council and the monarch.

Used in emergencies or constitutional matters.

Example: Misuse of Drugs Act (2003) modified using OiC.

Why does Parliament use Delegated Legislation?

Saves Parliament's time

Access to expert knowledge

Allows for quick action in emergencies

Enables flexibility and local decision-making

: How do courts control delegated legislation?

Through Judicial Review, where courts can rule DL ultra vires = beyond legal power grated by the parliament

what are the types of ultra vires

Procedural Ultra Vires: DL not made following correct procedure.

Case: Aylesbury Mushroom Case - no consultation → invalid.

Substantive Ultra Vires: DL exceeds powers given.

Case: R v Home Secretary ex parte Fire Brigades Union (1995)

Home Sec tried to introduce a new criminal injuries scheme — exceeded powers.

Unreasonableness: DL is irrational.

Case: Strickland v Hayes (1896) - by-law banning obscene songs in public and private = unreasonable.

: How does Parliament control delegated legislation?

Enabling Act ✨: Sets boundaries & who has the power.

Affirmative Resolution: Parliament must approve before it becomes law.

Negative Resolution: Becomes law unless rejected within 40 days.

Scrutiny Committee: Reviews DL and reports concerns (can't stop it).

Questioning Ministers: Ministers can be questioned about Statutory instyments in Parliament.

What are the advantages of Delegated Legislation?

Saves Parliamentary time ✨

Access to experts (e.g. Health ministers on NHS laws)

Quick to respond (e.g. pandemic laws)

Allows local needs to be met (e.g. By-laws)

Flexible and easier to amend

What are the disadvantages of Delegated Legislation?

Undemocratic ✨ (made by unelected bodies)

Lack of publicity → public unaware

Complex and hard to track

Risk of sub-delegation (power passed on again)