Delegated legislation, also known as secondary legislation, is law that is not enacted by a legislative assembly such as the UK Parliament, but made by a government minister, a delegated person or an authorized body under powers given to them by an Act of Parliament. Delegated legislation is derived from its parent act, which prescribes its parameters and procedures. It saves parliamentary time by considering matters of technical detail, which 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. It allows the rapid drafting of emergency powers, which can be used to solve problems of governance in a timely way.
Delegated legislation is officiated by signature of the author or his authorized representative. In the case of the monarch, only his verbal assent is required. A statutory instrument related to the parent act is required to write delegated legislation. It ensures the legislation is enforceable and is published in the Statutory Rules series until 2004 and in the Select Legislative Instrument series from 2005.
Delegated legislation is a term which covers the vast amount of legislation made by government agencies and the Governor-General under authority of Acts of Parliaments, which delegate this power to agencies. This type of legislation is also known as Subordinate Legislation or, since 2005, Legislative Instruments. Within the broad area of Delegated Legislation, the following more specific terms are sometimes used:
- Regulation: The most common form of delegated legislation. Used for legislation of general application emanating from a government department. Published in the Statutory Rules series until 2004 and in the Select Legislative Instrument series from 2005.
- By-law: Made by a statutory corporation having effect only within the area of responsibility of the authority. Also used for the legislation of some State local government bodies.
- Decisions, Declarations, Determinations, etc. .
Parliament has regularly and extensively delegated to the Executive Government limited power to make certain regulations under Acts. Other forms of delegated legislation include rules, orders, and by-laws. The responsibility to scrutinize delegated legislation has been assigned to the Standing Joint Committee for the Scrutiny of Regulations. In addition to the terms of reference set out by the House, this Committee’s mandate is in part described by the Statutory Instruments Act.
