Delegated Legislation

Question 1

What is delegated legislation

Answer 1

Detailed parts of statutes passed by Parliament. It comes in the form of:

1. Statutory instruments
2. Bye-Laws
3. Orders in Council

Question 2

What are bye-laws?

Answer 2

Laws made by local authorities, public and nationalised bodies and deal with matters within their limited jurisdiction. They must be approved by central government.

Question 3

What is meant by the negative resolution procedure?

Answer 3

Negative procedure is a type of procedure that a statutory instrument can go through. A statutory instrument under the negative procedure will automatically become law without debate unless there is an objection from either house. Conversely, affirmative procedure refers to a procedure where a statutory instrument must be approved by both the House of Commons and the House of Lords to become law.

Question 4

How is delegated legislation controlled?

Answer 4

1. consultation of experts
2. publication of the legislation
3. supervision by Parliament
4. courts with the power of judicial review
5. confirmation by a government minister