Delegated Legislation

Definition

Delegated legislation refers to laws made by an individual or body other than Parliament, under powers granted to them by an Act of Parliament. This form of legislation allows for more detailed rules and regulations to be created, which can adapt to changing circumstances without the need for a new Act. It plays a critical role in the relationship between local and central government, as it enables local authorities to implement national policies while tailoring them to specific local needs.

5 Must Know Facts For Your Next Test

1. Delegated legislation allows local governments to enact specific regulations that align with national laws while addressing local issues effectively.
2. There are two main types of delegated legislation: Statutory Instruments and Bylaws, each serving different purposes in the legislative framework.
3. The process of creating delegated legislation usually involves less scrutiny than primary legislation, making it a faster way to implement laws.
4. Delegated legislation can be challenged in court if it is deemed ultra vires, meaning it exceeds the authority granted by the primary legislation.
5. Local authorities often rely on delegated legislation to implement policies such as planning permissions, public health regulations, and transportation rules.

Review Questions

• How does delegated legislation facilitate the implementation of national policies at the local government level?
  • Delegated legislation empowers local authorities to create specific rules that align with national policies while considering their unique circumstances. This flexibility allows local governments to address local issues effectively and ensures that national laws can be applied consistently across different regions. For example, a national law on public health may require local regulations tailored to community needs, which is achievable through delegated legislation.
• Discuss the advantages and disadvantages of using delegated legislation in the governance of local authorities.
  • One major advantage of delegated legislation is its efficiency; it allows for quick responses to changing circumstances without needing a lengthy parliamentary process. Local authorities can adapt national laws to better fit their communities. However, a significant disadvantage is that delegated legislation may lack thorough scrutiny compared to primary legislation, potentially leading to poorly drafted laws. Additionally, there can be concerns about the accountability of those who create this legislation since they are not directly elected representatives.
• Evaluate the impact of delegated legislation on the balance of power between central and local governments in the UK.
  • Delegated legislation has significantly impacted the balance of power by allowing central government to maintain overarching control while empowering local authorities to address specific needs within their jurisdictions. This system enables flexibility and responsiveness at the local level but also raises questions about accountability and democratic oversight. As local governments make decisions based on delegated powers, there can be tension regarding how much autonomy they truly possess versus how much they remain under the influence of central government mandates.

Related terms

Statutory Instrument: A type of delegated legislation made by an individual or body under powers given to them by an Act of Parliament, often used for detailed rules and regulations.

Bylaw: A local law or regulation made by a local authority, which governs matters within its jurisdiction and is a form of delegated legislation.

Primary Legislation: Laws made by Parliament, which provide the framework within which delegated legislation operates and is necessary for its creation.