Delegated Legislation

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Delegated Legislation

An enabling Act of parliament authorises somebody else or another

organisation other than parliament to make laws. This form of

legislating is called 'delegated legislation'. These powers that have

been granted to certain bodies are exercised through statutory

instruments, orders in Council, or bye-laws. Examples of delegated

legislation by a local authority are the legislating of a Bye-law,

made by Bristol city council concerning the fouling of pavements by

dogs. This delegated legislation by the council stemmed from the Local

government Act 1972. An example of an individual possessing delegated

legislative powers was where the secretary of State created Motor

cycles (protective Helmets) Regulations 1980, stemming from the parent

act - Road Traffic act 1988.

When parliament delegates legislation, the powers by the delegated

authority are chosen by parliament when setting the enabling act.

Before an individual, such as a government minister or another

authority that possesses legislative powers, can make an act, they may

have to undergo consultations with specified organisations or people.

This allows them to point out any faults with the proposals. When

ministers are delegated legislative power, parliament requires them to

submit the statutory instrument or a draft of it so select committees

from both houses can scrutinise it carefully. These committees report

back to parliament with its investigations, paying particular

attention to statutory instruments that impose taxes; makes a charge

on the Revenue; appears to be immune from court challenges; purports

to operate retrospectively; has been unreasonab...

... middle of paper ...

...umstances make appropriate and international obligations can be

fulfilled where amendment is impossible.

Inadequate scrutiny may be a problem with delegated legislation and so

errors and omissions may pass unnoticed. Bye-laws (laws made by

councils) and other delegated legislation can be difficult to find,

even for lawyers. The original enabling act from witch the delegated

powers stems from may be too brief and may result in the Minister or

authority too much power- Emergency powers (defence) Act 1939. Other

disadvantages may be the "Henry VIII Clause", which may allow

delegates to alter statutory provisions in other Acts; Ministers may

use commencement powers to defeat the purpose of the Act and the

greatest delegation powers that exist outside of parliament lie in the

hands of Europe-European Communities Act 1972.

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