Delegated Legislation An Introduction

Key Terms and Case Law Delegated Legislation Enabling Act Parent Act

Objectives Describe what is meant by the term delegated legislation Describe how delegated legislation in general is made Explain the structure of the Parent Act

Introduction – Definition Verb delegate – pass power Delegated Legislation is a law made by a person or body to whom Parliament has delegated law-making power.

Introduction continued Most laws made by Parliament are just legal frameworks Often laws require more detailed provision Parliament does not always have enough time or expertise to do so Parliament has limited debate time and has to hold government to account

Reasons for detailed law For a specific geographical location (requires local specialist knowledge) Technical matters (health or agriculture) require more specialist knowledge An emergency or new situation may require new law quickly – if speed is important then the Parliamentary Process (as seen in our previous unit) is not quick enough These reasons mean a need for delegated legislation

The parent (or Enabling Act) In order to delegate you need a Parent Act This is also known as an Enabling Act This is Primary legislation Parliament gives authority to others to make law This other law is known as Secondary Legislation Parent Act enables further law to be made under this authority Parent legislation outlines framework of new law

Parent Act Within the Act there will be an authority for a specified person (a minister) or a body (local authority) to make further more detailed law. It is these provisions that delegate laws to make powers Likely Act will specify the area in which the law will be made And procedures that the delegated body or person must go through Law making powers given to body or person best equipped with the knowledge and resources

Parent Act Very specialised or technical knowledge is given to Government Minister (i.e. the ban on smoking in public places) If a local authority is given power they will have the required local knowledge If given to a particular body (like a train company) it will be for the provision of setting fares etc

The Three Main Types Orders in Council Statutory Instruments Bye Laws

Plenary Take a look at the legislation on your desks. (The Consumer Protection Act 1987) It is a piece of primary legislation and is an enabling (parent) Act Highlight from the given pages where you think it is delegated authority and to whom

Objectives Describewhat is meant by the term delegated legislation Describehow delegated legislation in general is made Explainthe structure of the Parent Act