Definition and Overview
Delegated legislation, also known as secondary or subordinate legislation, refers to laws or regulations enacted by an individual or body under authority which has been granted by an Act of Parliament. These authoritative directives are legally binding and are designed to detail and implement the framework of a primary legislation more effectively.
Types of Delegated Legislation
Delegated legislation can be categorized into several distinct types:
1. Statutory Instruments (SIs)
Statutory Instruments are a primary form of delegated legislation used to create detailed changes or updates to laws. These are usually issued by government ministers and are often subject to parliamentary procedures such as affirmative or negative resolution processes.
2. Byelaws
Byelaws are local laws established by local authorities or public corporations. These laws apply to specific areas or issues and are created under powers granted by Parliament, addressing local concerns or operational governance of public bodies.
3. Orders in Council
Orders in Council are legislations made by the Monarch on the advice of the Privy Council. These are typically used in times of emergency or when quick legislative action is required.
4. Regulations and Rules
Various governmental departments or agencies might issue specific regulations and rules concerning administrative details, such as safety standards or environmental controls, derived from the enabling Act.
Historical Context
The use of delegated legislation became particularly prominent in the 20th century, due to the increasing complexity of societal and administrative needs. This method allowed for more flexibility and specialization, enabling detailed and technical laws to be created without requiring frequent amendments to primary legislation.
Applicability and Implications
Delegated legislation is instrumental in modern governance for several reasons:
- Efficiency: It allows laws to be updated and detailed without the delays inherent in passing a new Act of Parliament.
- Expertise: Enables experts from relevant departments to draft and implement specific regulations.
- Flexibility: Provides a mechanism to quickly adapt to new circumstances or emergencies.
Comparisons with Primary Legislation
While primary legislation (Acts of Parliament) sets out broad principles and frameworks, delegated legislation addresses specific details and administrative functions required to ensure the primary legislation’s practical application. Primary legislation must always go through the full parliamentary process and typically requires a more extensive debate and scrutiny compared to delegated legislation.
Related Terms
- Enabling Act: The Act of Parliament that grants the power to create delegated legislation.
- Affirmative Resolution: A parliamentary procedure whereby a statutory instrument must be explicitly approved by Parliament.
- Negative Resolution: A procedure through which a statutory instrument becomes law without debate unless an objection is raised.
FAQs
Q: Why is delegated legislation important?
A: Delegated legislation is critical for addressing the detailed and technical aspects of law that primary legislation cannot feasibly cover, ensuring regulations are responsive and specialized.
Q: Who can create delegated legislation?
A: Delegated legislation can be created by individuals or bodies such as government ministers, local authorities, or public corporations, under the power granted by an enabling Act of Parliament.
Q: How is delegated legislation controlled?
A: It is controlled through various safeguards, including parliamentary scrutiny procedures such as the affirmative and negative resolution, judicial review, and consultation requirements.
References
- Parliament UK - Explanations of Statutory Instruments and their procedures: Parliament UK
- The UK Statute Law Database - Repository for all UK legislation: UK Legislation
- Legal Information Institute - Detailed legal terms and definitions: LII
Summary
Delegated legislation is a crucial aspect of modern legislative frameworks, developed under the authority of an enabling Act of Parliament to ensure detailed and flexible law application. It is essential for efficient government operations, allowing experts to craft specific regulations while primary legislation provides the broad framework.
