1. Delegated Legislation
Date: Friday, 21 September 2018
Delegated Legislation
Learning Objectives
Understand what is meant by delegated legislation & describe how it is made
TIF: How does delegated legislation link with Parliamentary Supremacy?
Specification Link
Statutory Instruments: Orders in Council, By laws, Reasons for delegating
Starter: What do we mean by the term ‘delegation’ in layman’s terms? (non-legal terms). Try to describe the word to your partner as concisely as you can.
TIF – what do you think it means in law? 15

2. Definition
Verb delegate – pass power Delegated Legislation is a law made by a person or body to whom Parliament has delegated law-making power. It is also known as secondary legislation
If this is secondary legislation what is primary legislation?
Is it important to know if legislation is primary or secondary?
If so, why?
Verb delegate – pass power
Delegated Legislation is a law made by a person or body to whom Parliament has delegated law-making power. 2 2

3. Who should make laws dealing with each problem and why?
The pressure group ‘Clacton Against
Wind Farms’ are threatening to
destroy all forms and sources of
alternative power. A majority of all
society wants to ban membership
as an aid to stopping them.
Clacton-on-Sea wants to make
the whole town centre alcohol
free, as after chucking out time
there are far too many fights 3

4. Key Terms
Delegated Legislation – law made by some person or body other than Parliament, but with the authority of Parliament.
Enabling Act/Parent Act – the Act of Parliament that delegates authority to others and creates the framework 4

5. Why?
Take a look at the images and see if you can think of the three main reasons why delegated legislation may be necessary
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 5 5

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
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 6

7. Order in Council Bylaw Statutory Instrument
Parliament passes an Enabling Act (or Parent Act)
This Act gives the right to create one of the following types of delegated legislation
Order in Council
Made by Privy Council
Bylaw
Made by local authorities
Statutory Instrument
Made by government minister

8. Read through the information on the sheet.
Underline any key terms.
Circle any cases.
Complete the table
Plan out the exam question
TIF: What are the advantages and disadvantages of delegated legislation?

9. Think back to our reasons for DL
Power is generally delegated on the basis of knowledge
If a local authority is given power they will have the required local knowledge
Very specialised or technical knowledge is given to Government Minister (i.e. the ban on smoking in public places)
If given to a particular body (like a train company) it will be for the provision of setting fares etc 9 9