Delegated Legislation

A) Describe how the system of Delegated Legislation operates.
B) Discuss the advantages and disadvantages of such legislation and consider whether or not the controls on Delegated Legislation are effective.

A)
Delegated legislation is sometimes known as secondary legislation and is where an Act of Parliament is passed, giving someone other than Parliament the power to carry out tasks. The body is then acting with the authority of Parliament.

There are three main forms of delegated legislation which are, Statutory Instruments, Bye-laws and Orders in Council.

Statutory Instruments are drafted by the government departments. The power to create these laws will have been given to the minister who heads the department by the Parent Act. They may also be referred to as ‘ministerial regulations’
The Parent Act will lay down the procedure that must be followed to bring the statutory instrument into force. For example: Education Act 1988 enabled a government minister ...