1. Delegated Legislation
An Introduction

2. Key Terms and Case Law
Delegated Legislation
Enabling Act
Parent Act

3. 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

4. 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.

5. 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

6. 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

7. 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

8. 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

9. 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

10. The Three Main Types
Orders in Council
Statutory Instruments
Bye Laws

11. 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

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