This essay can be helpful for your CIE A levels, AS level, exams. All my essays have been marked by my lecturer and given good grades! This essay was awarded top in the class marks (English legal system)
● Types of Delegated Legislation
● Are the controls effective
Delegated legislation is law made by a minister or other bodies, other than Parliament. They are
given authority laid down in a ‘Parent Act’ by Parliament. For example, The Access to Justice
Act 1999 gave the Lord Chancellor powers to alter aspects of legal aid. The three types of
delegated legislation are Statutory Instrument, Bye-Law and Orders in Council.
Statutory Instruments, made by Ministers, can be very short only covering one point or very
long with detailed regulations. For example, the Chemicals Regulations 2009. Statutory
Instruments is a very significant way of making laws. The Legislative and Regulatory Reform Act
2006 gives Ministers power to make any provision by order if it will reduce a burden. Ministers
can change Acts of Parliament despite not having the power to do so.
Orders in Council are approved by the Privy Council and signed by the Queen. They allow the
government to make legislation without going through Parliament and to make law during
emergencies and other types of law. There is a wide range of matters, especially on giving legal
effect to European Directives and transferring responsibility to government departments. For
example, Orders in Council altered the Misuse of Drugs Act 1971. The Constitutional Reform
Act 2005 allowed Privy Council to alter the number of judges in the Supreme Court.
Bye-laws are made by local authorities to cover matters within their own area. For example
parking regulations, water supply and street lights. They are made by public corporations for
matters within their jurisdiction involving the public, for example British Airports Authority and the
railways can enforce rules about public behaviour on their premises.
Delegated legislation is controlled by parliament, the Parent Act sets the boundaries and
scope, it states which Ministers can make the regulations, types of laws that can be made and
whether they can be made for the whole country or only for certain places. Delegated legislation
sets out whether the government must consult experts within the relevant field and people who
are going to be affected are often consulted before the law is made. All delegated legislation is
published with explanatory memorandum detailing legislative context and policy objective.
Delegated legislation is put before Parliament for MPs and within 40 Days, any member may put
down a motion to annul it. If annulment is passed without objection, delegated legislation is
cancelled. This is called a negative resolution procedure. An Affirmative Resolution
Procedure is where delegated legislation is laid before both Houses and becomes law only if
motion of approval is passed. Parliament is required to vote and the government needs to find
parliamentary time for debate.
The super affirmative procedure is required to check legislative reform orders. It gives
Parliament power to scrutinise proposed delegated legislation. The Minister must lay a draft of
the proposed legislation reform order during which parliamentary committees will review it and
produce a report.
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