Delegated Legislation Overview

Laws made by individuals or bodies delegated power by Parliament through an enabling Act.

A law made by individuals or bodies delegated power by Parliament through an enabling Act. These laws are often made to fill in details of broader laws or to respond to specific situations.

Type of SI that details the specifics of a law.

Type of SI that sets out procedures or processes.

Type of SI that brings a portion of a law into effect.

A benefit of delegated legislation that allows for quick lawmaking, particularly for addressing urgent matters.

A benefit of delegated legislation that allows for laws tailored to specific areas of expertise.

A benefit of delegated legislation that allows for laws to be flexible and adapted to changing situations.

The process by which Parliament examines legislation to determine if it aligns with Parliament's goals and principles.

A procedure for examining the policy merits of Statutory Instruments (SIs). The Committee focuses on whether an SI is consistent with good policy and how it impacts different groups.

A process of reviewing proposals to delegate law-making power from Parliament to another body.

The process of examining the legality of government actions in court.

The principle that a body exceeding its legal powers (acting ultra vires) has acted unlawfully.

This ground of JR focuses on decisions that are irrational or unreasonable, meaning they are not based on logic and can be considered arbitrary.

This ground of JR examines whether due process was followed in the decision-making process.

A ground of JR where the government action violates an individual's rights under Article 6 of the European Convention on Human Rights (ECHR).

A delegated legislative power allows a government minister to make new laws on a specific topic to which Parliament has already given approval through a parent Act.

DL can be amended or repealed quickly using the Henry VIII Clause without needing full parliamentary approval.

The primary legislation is the main legal framework that Parliament approves. DL adds details and regulations to it.

DL can be used to address new or unexpected issues that arise. It gives the government flexibility to respond to problems that weren't foreseen by Parliament.

DL helps enforce the main law and clarifies the primary legislation by adding specifics.

The negative resolution procedure gives Parliament the power to object to a newly proposed DL. If they object, the DL is typically cancelled (annulled).

The affirmative resolution procedure requires DL to be approved by both Houses of Parliament before it becomes law. This procedure is used less often (around 10% of the time).

The Joint Committee on Statutory Instruments (JCSI) is a group of members from the House of Commons and House of Lords who review DL to make sure it's in line with its parent Act.