Delegated Legislation

Law Making and the

Legal System

Your Task

You are a member of the cabinet and have been asked by the Prime Minister to amend the law regarding the conduct of all persons on trains and railway property between Cornwall and Bristol.

Write down the new law.

Evaluation1. Was making the new law easy or difficult?

2. What extra information might have been useful when deciding the law?

3. Who might have this information?

4. Who should make the law in this case?

What does delegated legislation mean?

• The verb delegate means to pass power, responsibility or authority to another person or body.

• Delegated legislation is law made by a person or body to whom Parliament has delegated law-making power.

POWER

Why does Parliament need to delegate powers to other law-makers?

• A new law may be required for a specific area of the country, for which case specialist local knowledge may be required.

• A new law on a technical matter such as health or agriculture will require specialist technical knowledge.

• An emergency or a new situation may require new law to be made very quickly and Parliament may not have the necessary expertise to make this new law quickly.

• The process of law-making, requiring readings of the new laws in both Houses of Parliament may be too slow in an emergency.

What does delegated legislation require?

• Parent Act / Enabling Act:- A piece of primary legislation which allows Parliament to give others authority to make law.

• This Act outlines the framework of the new law and specifies the person or body to whom authority will be given.

• The person or body may be a government minister or a local authority.

What is in the enabling Act?

• The Act will specify: - the area within which law can be made- any procedures that the delegated person or body must follow when making the delegated laws

• Law making power is given to the person or body best equipped with the knowledge and resources to make the type of law required.

Example of delegated legislation• The UK smoking ban which

began on 1st July 2007 is an example of delegated legislation.

• The power to make law was given to government ministers supported by a specialist civil service department.

• The ban is now in use throughout the UK in all enclosed public places.

Types of delegated legislation

You can find this information on pages 29-31 in AQA Law for AS

Are there any potential problems with delegated

legislation?

What are the disadvantages of delegated legislation?

• The laws made through DL are made by people who are NOT ELECTED.

• Much DL is further sub-delegated, removing the decision even further from the democratic process.

• The sheer volume of new and ongoing DL means that it is hard to keep track of the law.

• Much DL is not published, so people are not aware of any new laws they must abide by.

• Control by Parliament is not always effective.

• Scrutiny processes are bypassed.

How is delegated legislation controlled?

• Control by Parliament

• Control by the courts

Control by Parliament

Negative resolution• Will become law unless Parliament intervenes.• 40 day limit for rejection.• Ministers can be questioned by MPs regarding the work done on the law.

Affirmative resolution• Won’t become law until approved by Parliament.• Will be set out in enabling Act.• SIs cannot be amended, they can only be approved, annulled or withdrawn.

Scrutiny committee

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Super-affirmative resolution

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