Delegated Legislation

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Submitted By SyedOvais
Words 527
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Asif Tufal

DELEGATED LEGISLATION
DEFINITION Law made by some person/body under powers deriving from an Act of Parliament. That statute is known as a “parent” or enabling Act. An example is:

TYPES OF DELEGATED LEGISLATION Statutory Instruments are Bye-Laws are made by local Orders in Council are laws regulations made by made by and with the advice authorities to cover matters of Her Majesty’s Privy Government Ministers and within their own area. An Departments. An example is: example is: Council and are used, for example, for transferring responsibilities between Government Departments, extending legislation to the Channel Islands, and under the Emergency Powers Act 1920. They can also be made by certain public corporations An example is the and certain companies for Government controlling fuel matters within their jurisdiction which involve the supplies during the fuel crisis in 2000. public. An example is:

ADVANTAGES Saves Parliamentary time. Parliament passes the parent Act and those with technical expertise or necessary knowledge can fill in the details. Government Ministers often consult interested bodies and parties before drafting statutory instruments. Delegated legislation is more flexible than an Act of Parliament. It can be passed quickly and easily amended or revoked, so that the law is up to date. www.lawteacher.net DISADVANTAGES It is undemocratic (except for bye-laws). Sub-delegation occurs whereby law making power is passed on to civil servants by Government Ministers. There is a large amount of statutory instruments (over 3,000 per year). Delegated legislation is not well publicised in contrast to debates on Bills in Parliament. Delegated legislation may be obscurely worded and difficult to understand. 1

Asif Tufal

CONTROL OF DELEGATED LEGISLATION Parliament Courts Delegated legislation The Joint Select If a statutory The Delegated can be…...

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