Outline

1. Foreword
2. Part One: Learning Objectives
3. Part Two: Learning Directions
4. Part Three: Supporting Notes
   1. The Common Law
   2. Equity
   3. Primary Legislation
   4. Delegated Legislation
   5. Statutory Interpretation
   6. Judicial Precedent
   7. Legislation of the European Union
5. Part four: Assessment
   1. Identify and discuss legislation
   2. Practice legal interpretation
   3. Examine legal reasoning

Delegated Legislation

Delegated legislation: Legislation made by some person or body under authority given to that person or body by Act of Parliament - such an Act is termed an enabling or parent Act. Examples of delegated legislation are statutory orders, statutory instruments and bylaws. Delegated or subordinate legislation may be controlled by Parliament in that the Orders of Instruments are printed and laid before Parliament which may then debate them. Such control depends upon provision being made in the parent Act. If the parent Act states that the power is exercisable by way of statutory instrument then the Statutory Instruments Act 1946 applies. This provides, inter alia, that statutory instruments are to be published and where a laying requirement is specified by the parent Act such procedures are, to some extent, regulated by the Act.

Arising out of the primary legislation (or Statute Law) is a vast amount of subordinate or secondary legislation known as delegated legislation. These are laws made at a local level, often by Ministers, for which authority is given by the parent or enabling Act.

The need for delegated legislation arises because it would be impossible for the drafters of the primary legislation to envisage all the circumstances that might arise under the parent Act and for which further legislative provision would be necessary. As such, the use of delegated legislation provides significant flexibility to keep the law current and applicable to specific circumstances.

An explanatory memorandum, setting out a brief statement of the purpose of an instrument and providing information about its policy objective and policy implications, are required to be produced to accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament.

Delegated legislation may be unlawful if it is declared to be ultra vires, that is, 'beyond the power'. Under this doctrine the courts will examine, for example, whether the delegated legislation deals with matters outside the enabling statute and whether procedural requirements as to the exercise of a legislative power have been observed.

The Office of Public Sector Information provides online access to UK legislation. Statutory Instruments dating back to 1987 can be found at www.opsi.gov.uk/stat.htm.