describe the nature of delegated legislation?

Answer 1

A statute can give authority to a government agency or even a non-governmental entity (see the (UK) Lloyd's Act 1982) to pass regulations having the force of law.

The most obvious case concerns Internal Revenue Regulations.

Answer 2

Delegated legislation (sometimes referred to as secondary legislation or subordinate legislation) is law made by ministers under powers given to them by parliamentary acts (primary legislation) in order to implement and administer the requirements of the acts.

It has equal effect in the judiciary although ministers can be challenged in the courts on the grounds that specific pieces of delegated legislation are not properly based on powers given by acts.

With respects to the necessity of delegated legislation, it would be impossible for all law to be passed as primary legislation. The process is long and exhaustive.

Answer 3

Nicola,are you examining AS regulation or some thing? you're able to do your guy or woman examine. you would be unable to assume human beings to do it for you. i'm hoping you will no longer proceed regulation in Uni as you will war

Answer 4

Delegated legislation (sometimes referred to as secondary legislation or subordinate legislation) is law made by an executive authority under powers given to them by primary legislation in order to implement and administer the requirements of the acts.

In the United Kingdom, there are two ways in which to pass legislation. Delegated legislation is the name given to legislation or law that is passed otherwise than a statute (an Act). In this way the legislation does not go through the two Houses of Parliament. Most Delegated Legislation is concerned with relatively narrow, technical matters. However, nowadays there is far more delegated legislation than statute law and for this reason it could be argued that it is more important than the latter.

Delegated Legislation can take several forms. The most important form is a statutory instrument. This is not passed as a statute, instead a statute called an enabling Act is passed and this gives a Government Minister the power to introduce the legislation. The statutory instrument will contain a preamble which sets out the authority under which it was passed. It will also contain a statutory note which sets out its purpose and its scope. Statutory instruments are made in the name of a Minister but are drawn up by the legal department of the relevant Ministry. The Deregulation and Contracting Out Act 1994 allows Ministers to change certain Acts of Parliament by way of statutory instrument, without going through the normal parliamentry proceedure.

Another form is called Orders in Council and made by the Privy Council. The Council is made up of eminent Parliamentarians and the Government of the day can use it to introduce legislation without going through the process of enacting a statute. Orders in Council can be used to implement emergency legislation, where there would not be time to have formal debates in the Houses of Parliament. Orders in Council are also used to give effect to provisions of the European Community which do not have direct effect (as opposed to direct influence), to shift responsibilities between Government departments or in relation to matters which affect the constitution.

Bye-laws made by local authorities and other public bodies are another type. These are used to introduce local rules of minor importance. The power to enact bye-laws is given by an enabling Act, such as the Local Government Act 1972.

Delegated legislation has certain advantages and disadvantes. The advantages usually claimed are that it can be enacted without using up Parliamentary time, that it makes use of particular expeertise held by those who enact it and that it is flexible enough to deal speedily with changing circumstances and emergencies.

Delegated legislation is also criticised on several grounds. First, there is the danger that the Government can pass legislation setting out new principles by abusing the process of delegated legislation. Second, some delegated legislation gives Ministers the power to alter statutes, possibly including the very enabling Act ehich conferred the power to make the delegated legislation in question.

Certain controls over delegated legislation do exist. Ministers are often required by the enabling Act to consult various bodies before enacting delegated legislation. Statutory instruments must be published and made available for sale to the public. In addition to these controls, delegated legislation is also controlled by Parliament and the courts.

Delegated legislation plays an important part in the smooth running of Parliament and Law as a whole. Parliament cannot cope with the demand for new laws, and so delegating the responsibility to another body takes the pressure off Parliament and allows the act to be passed faster, as it does not have to travel through the system as shown earlier.

This type of legislation can be more subject specific, using technical knowledge from qualified individuals, creating a more thorough, detailed and smoother running piece of legislation. Delegated legislation can also be put into place if problems arise with existing legislation, as it is not feasible to take into account every aspect and every future problem when creating the legislation in the first place.

For example, if a new piece of legislation needs to be introduced regarding the running of hospitals, there may only be few members of parliament in the medical profession, and so there would not be the necessary background knowledge in Parliament. In this case, Parliament may delegate the responsibility of creating the legislation to the British Medical Association.

Examples of how Delegated Legislation is controlled are as follows: Consultation – those in the profession, as shown above, are consulted with regards to the subject (e.g. BMA with respect to legislation involving hospitals).

An example of delegated legislation and its effects can be seen in Wolverhampton with the recent introduction of banning drinking in public places (e.g. West Park, Dudley Street). This is to help cut down on drink related crimes.

It is now generally accepted that delegated legislation not only has shortcomings but that it also has some advantages.

Firstly, It saves Parliamentary time. To take just one example, the Local Government Pension Scheme Regulations 1995 run to 185 very detailed but uncontroversial pages. There would be nothing to be gained from debating these in Parliament: the time taken for 650 MPs and 300 or so peers even to read the draft regulations would be better spent on other things.

It allows Parliament to concentrate more on broad issues of policy rather than masses of detail. The Road Traffic Act 1972 included a general requirement for motor-cyclists to wear protective helmets, but left the Secretary of State to draw up detailed regulations as to the type of helmet required. The Motor Cycles (Protective Helmets) Regulations 1980 contain further detail about the requirements.

It allows technical matters to be determined by those competent to do so, and can make use of expert knowledge not available within the Civil Service. The Air Navigation Order 1995 contains 140 pages of highly technical rules (including tables, maps and so on) governing the flying of civil aircraft around the United Kingdom: it is doubtful whether any Member of Parliament (including the Minister) had the technical expertise even to comment on these rules, let alone draft them.

Delegated legislation is more flexible than an Act of Parliament. The County Court Fees Order 1999 sets out the fees payable at various stages of civil proceedings, but the County Court Fees (Amendment) Order 2002 amends this Order to take account of changes in certain enforcement procedures. Similarly, the Civil Courts (Amendment) Order 1997 was made by the Lord Chancellor under s.2(1) of the County Courts Act 1984 to close the now-redundant County Court at Ammanford.

It allows rapid action to be taken in times of emergency. The Food Protection (Emergency Provisions) Order 1986 was made and laid before Parliament and came into effect less than two hours later, prohibiting the movement or slaughter for food of sheep in certain areas thought to have been affected by radioactive fallout from the incident at the Chernobyl power station.

It has allowed for the National Assembly for Wales to make specific policy decisions for Wales. For example although the primary legislation concerning the National Health Service is by and large common to England and Wales, the structure of the service and the cost of prescriptions charges vary between the two countries.

A disadvantage of delegated legislation is in the sheer bulk of laws that get passed through its channels. Because of this bulk, there is normally a lack of publicity or knowledge about the rules enforced.

Another disadvantage is that accountability and control are lost. Because the powers are delegated, and combined with the bulk of delegated legislation, the system becomes rather undemocratic due to those whom the legislations are delegated to being hard to make accountable. There is also a loss of control over the laws that can be made - although Parliament and the courts (via judicial review) can add some control measures.