• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

What is meant by Delegated Legislation?

Extracts from this document...


ASSIGNMENT A 2. (a) What is meant by Delegated Legislation? Delegated legislation is power conferred by a supreme legislative authority to a subordinate authority to create laws. In the United Kingdom, the supreme authority is Parliament and the subordinate authorities range from government ministers to local councils and also non-governmental organisations. It must be noted that although power is passed downwards, Parliament still remains responsible for any legislation created by other authorities. Delegated legislation can take several forms, depending upon which authority is being empowered to make new legislation. The most important form of delegated legislation is the creation of Statutory Instruments or 'ministerial regulations'. Power is given to a government department by a Parent Act to create new laws, otherwise known as Statutory Instruments. The Parent or 'Enabling' Act gives specific guidelines on how the new laws are to be created. If these guidelines are not adhered to then any Statutory Instruments created are subject to challenge or even annulment, as will be demonstrated later in this essay. ...read more.


Either way, Parliament cannot amend the Statutory Instrument once it has been drafted - it can only approve or disapprove the Instrument. Apart from Statutory Instruments, there are two other main forms of delegated legislation. These are firstly by-laws and secondly Orders in Council. By-laws are laws created by a local authority or by a public corporation. Most local by-laws are passed under the Local Government (Miscellaneous Provisions) Act 1982 or the Local Government Act 1972. An example of a local authority by-law is the car ban in the City Centre introduced by Nottingham City Council. As for public corporations, which are given statutory authority, they could range from a no-smoking policy in trains under the Railways Act 2005 to rules about the election of shareholders in a company under the Companies Act 2006. Unlike Statutory Instruments, by-laws are not subject to direct Parliamentary control. However, they must be approved by the relevant Minister to become law. Orders in Council are laws passed in an emergency in the absence of Parliament. ...read more.


If the legislation is dismissed as not valid, it will either be on the grounds of procedural ultra vires or substantive ultra vires. In the first instance, the method of creating the legislation is alleged to be invalid. See for example THE AYLESBURY MUSHROOMS CASE [1972]. In the second instance, the content of the legislation is found to be invalid. In Staden v. Tarjanyi 1980, a local by-law making it illegal to fly a glider 'in the pleasure ground' was condemned as substantively ultra vires because the content was found to be uncertain - it was debatable whether the law meant 'in' or 'over' the pleasure ground. It must be stressed that although Parliament has delegated power to other authorities, the responsibility for the laws these authorities create still remains with Parliament. Therefore Parliament is keen to monitor all delegated legislation since it would have to take the blame should any problems arise. Despite this constant supervision, however, the system is still far from perfect and many intelligent people object to the perhaps excessive and confusing volume of delegated legislation which exists in this country. ?? ?? ?? ?? TMA (A) Rebecca Milburn Page 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays


    statutory authority, but if passed under the Royal Prerogative are de facto valid. Orders are usually laid in draft before Parliament, and have the same kinds of controls on them as do other types of statutory instrument. By-laws Control By-laws can be annulled by the Home Office, however this is unlikely since most by-laws are based on Home Office guidelines.

  2. Legislations and regulations in sport

    A health record for the purposes of the Act is one which relates to the physical or mental health of an individual which has been made by or on behalf of a health professional in connection with the care of that individual.

  1. unit6 end of unit assignment civil litigation

    creditor could, as a final recourse, consider making the judgment debtor bankrupt, or where the judgment creditor is a partnership or registered company, put them into liquidation. This is only available where the creditor is owed at least �750, although joint petitions are possible.

  2. Outcome (3): Analyse the provisions relating to the police powers of arrest, search, seizure, ...

    believing that material is on a premise that could be of significant usefulness to an investigation and could also be used as evidence. A search warrant is only necessary in a case where such entry onto a premise will not be granted without a warrant (see Hope v Evered 1886)

  1. An exercise on Delegated Legislation

    work is periodically interrupted by breaks or activity change" Because of the deputy head's anxiousness to comply with all relevant regulation she will go that extra mile to meet all the three regulation, even offering an appropriate eye test if they want which Regulation 3 state "gives users the opportunity

  2. Explain the different aspects of delegated legislation. Analyse the degree of scrutiny by Parliament ...

    Of course, this is arguable but it would be expected that a minister would act in the best interests of those affected within his specific area. Orders in council refers to any regulations made by the Monarch. A Monarch is able to make law at times when there has been a proclamation of emergency.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work