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Delegated legislation orsecondary legislation in theUnited Kingdom islaw that is not enacted by a legislative assembly such as theUK Parliament, but made by agovernment minister, a delegated person or an authorised body under powers given to them by an Act of Parliament.
Statutory instruments are the most frequently used type of secondary legislation, with approximately 3,500 made each year, although only about 1,000 need to be considered by Parliament. They usually have either "Rules", "Order" or "Regulations" in their title.
Secondary legislation is used for a wide variety of purposes such as fixing the date on which an Act of Parliament will come into force; setting fees for a public service; or establishing the details of an Act of Parliament. Delegated legislation is dependent on its parent act, which prescribes its parameters and procedures. Although a large volume of delegated legislation is written without close parliamentary scrutiny, there arestatutory instruments to prevent its misuse.
Delegated legislation is derived from its parent act, which prescribes its parameters and procedures. Delegated legislation saves parliamentary time by considering matters of technical detail. Such details are prepared by those with relevant expert knowledge.
Through its inherent flexibility, delegated legislation accommodates changing circumstances such as changing fees for public services, developments in science or minor changes in government policy. Delegated legislation allows the rapid drafting of emergency powers. In comparison to acts of Parliament, which may take much time to pass, the flexibility of delegated legislation can be used to solve problems of governance in a timely way.
Delegated legislation is effected by signature of the author or his authorized representative. In the case of the monarch, only his verbal assent is required. Astatutory instrument related to the parent act is required to write delegated legislation. It ensures the legislation is catalogued and published by theKing's Printer. Exceptions are directions and by-laws where notifications are made to affected entities.
Criticism of delegated legislation may arise because:
Delegated legislation can take a variety of forms, each with different uses. The boundaries between the forms are not fixed. The types used will be determined by the wording of the parent Act.
The secondary legislation of the Church of England is known as "instruments". The procedure for theGeneral Synod approving instruments is set out in the standing orders of the General Synod.[3]
After approval of the General Synod, the instruments are presented before Parliament, signed by theArchbishop of Canterbury and theArchbishop of York.[4]
Sometimes they have a different date for when they are "made" and when they come "into force".[4]
So far they have only been used to commenceChurch of England measures.
The Isle of Man has a similar system – the diocesan synod takes the place of the General Synod, Tynwald takes the place of Parliament and theBishop of Sodor and Man takes the place of the Archbishops of Canterbury and York. Similarly toinstruments the United Kingdom, in the Isle of Man orders are presented by theLord Bishop of Sodor and Man to Tynwald so that to particular provisions of measures can be commenced.[5]
There is no equivalent for the Channel Islands – application of measures to the Channel Islands happens at Parliament. Previously this happened through statutory instruments rather than instruments.[6] Currently the procedure has been modified through theChannel Islands Measure 2020 so it will occur directly in the measure and therefore the instrument that commences the measure.[7]
A document which records delegated legislation will begin with apreamble. It describes the author of the legislation, the related parent Act and its preconditions and anystakeholders. The terms used in the document are determined by the type of delegated legislation it records. For instance, in orders, clauses are called "articles". Clauses may be grouped under headings and in complex delegated legislation, the document may be divided into parts. The main text is followed by any schedules and explanatory notes.
Delegated legislation is controlled by Parliament and thejudiciary. Parliamentary controls include "affirmative resolution procedures" where the legislation requires approval in both houses of parliament and "negative resolution procedures" where the legislation may bevetoed by either house. Byconvention, the House of Lords will not veto but rather pass a motion to convey its concerns about the legislation.[8]
Judicial control of delegated legislation is exercised throughjudicial review. Delegated legislation can be quashed by acourt if it is found to beultra vires (outside the parameters defined in the parent act). There are two types of ultra vires. In "substantive ultra vires", delegated legislation is deemed void because it goes beyond the powers defined in the parent act. In "procedural ultra vires", delegated legislation is deemed void because of some procedural deficiency. A court may also quash delegated legislation on the basis of unreasonableness.