1. Sources of Law Delegated Legislation
AS Level Law
Sources of Law Delegated Legislation
Notes:

2. AS Level Law What you need to know:
The main types of delegated legislation
How delegated powers are controlled
What you need to discuss:
The advantages and disadvantages of delegated legislation
Notes:
The effectiveness of the various forms of control

3. AS Level Law Introduction
Delegated legislation is law made by individuals and institutions acting under a grant of legislative authority from Parliament
Delegated powers are usually granted in an enabling Act
Notes:
This Act will establish a framework of general principles and grant powers to fill in the details (e.g. HASAWA’74)

4. AS Level Law Types of Delegated Legislation
statutory instruments - rules, regulations and orders, issued by ministers, national in effect
byelaws - issued by local authorities (and some public corporations), local in effect
Notes:
Orders in Council - issued by the Privy Council, generally only used in emergencies

5. AS Level Law Reasons for/Advantages of DL to save parliamentary time
to deal with complex and technical issues (e.g. health and safety regulations)
quicker and easier to amend and update than primary legislation
Notes:
able to respond quickly to emergencies
allows for local variation to meet local need

6. AS Level Law Need for controls
DL results from transferring law-making powers from the legislature to the executive
therefore
delegated powers must be subject to effective checks and controls to ensure accountability and prevent misuse
Notes:

7. AS Level Law Consultation often required by the enabling Act
acts as a check in two ways:
directly - by requiring a public exercise of the power
Notes:
indirectly - may form the basis for judicial review

8. AS Level Law Parliamentary oversight
may seem to conflict with need to save parliamentary time
however, a responsible Parliament must monitor the use of powers it has delegated
two main forms of oversight:
Notes:
affirmation process
scrutiny committee

9. AS Level Law Affirmation process
most SIs must be affirmed before coming into force
positive affirmation - instrument only comes into force after approval by positive resolution in Parliament
negative affirmation - instrument comes into force unless annulled by a negative resolution in Parliament
negative more common BUT reliance on this may mean draft instruments receive inadequate policy scrutiny
Notes:
Hansard Society proposed to refer draft SIs to relevant departmental select committee for policy review before affirmation - not implemented

10. AS Level Law Scrutiny Committee
reviews technical merits of all draft SIs
refers to Parliament those giving cause for concern (e.g. unusual or unexpected use of the power)
therefore
Committee acts as a filter so that Parliament need only consider the small number of instruments referred
Notes:

11. AS Level Law Judicial Review
limited nature of delegated powers means that courts can annul DL where it is ultra vires (outside or beyond the power)
substantive ultra vires - subject matter outside scope of power (A-G v Fulham Corp [1921])
procedural ultra vires - subject matter intra vires but serious failure to comply with a mandatory procedural requirement - e.g. failure to consult (Agricultural Training Board v Aylesbury Mushrooms [1972])
Notes:

12. AS Level Law Conclusion DL inevitable and beneficial
Executive law-making needs effective checks and controls
present controls are largely adequate
Notes:
need to improve policy review of draft SIs by Parliament

13. AS Level Law Revision Headings:
DL - Intro (definition, enabling acts etc)
DL - Types of
DL - Reasons for
DL - Need for controls
DL - Consultation
DL - Parliamentary oversight
DL - Judicial review
DL - Conclusion
Notes:

14. AS Level Law Test Questions:
Using your cards, you should now be able to write a short paragraph in response to each of the following questions:
Define what is meant by delegated legislation and how delegated powers are granted.
Describe the main forms of delegated legislation.
Identify the main reasons for and advantages of delegated legislation.
Explain why checks and controls are needed over the use of delegated powers.
Describe the existing check and control mechanisms.
Evaluate the effectiveness of these mechanisms.
Notes:

15. AS Level Law Useful Websites:
For more information on delegated legislation generally, visit
For more information on Statutory Instruments and Orders in Council there is a House of Commons Factsheet (No.14) available at
Notes: