delegated legislation

delegated legislation

parliament delegates law-making powers to secondary bodies

parent Act

must pass Act of Parliament to allow delegation

regarded as primary legislation

Orders in Council

Privvy Council

Civil Contingencies Act 2004 (PC can make law in emergencies)

Statutory Instruments (SIs)

Government Ministers

department with expertise and responsibility

Ministry of Justice created PACE 1984

By-laws

local authorities

drinking ban zone, no parking etc

parliamentary controls

1. drafting of the parent Act

2. insist on scrutiny before, incl Affirmative Resolution Order

3. pass Negative Resolution Order (prevent)

4. repeal parent Act

Delegated Powers Scrutiny Committee

checks that legislation is not inappropriate

Joint Scrutiny Committee

scrutinise SIs (eg badly worded)

judicial controls

party affected apply to King’s Bench

void if ultra vides (‘beyond the powers’)

Procedural UV

failed to follow

Substantive UV

more that permitted

ultra vides

‘beyond the powers’

secondary body has exceeded the powers given to it by parent Act

Advantages

• saves Parliament time

• made quickly (respond to emergency)

• local expertise

Disadvantages

• lacks publicity (public cannot keep up)

• Parliamentary controls not effective

• possibility of sub-delegating

• judges can void (no parliamentary sovereignty)