Types of Delegated Legislation
- teachlawhub
- Jun 8
- 4 min read
Updated: 2 days ago
When studying UK law, it’s important to understand that not all laws are made directly by Parliament. In fact, a lot of the day to day rules and regulations that affect us are made by other people or bodies, these are known as pieces of delegated legislation.
Let’s break down the words delegated legislation. The word delegate means to pass on responsibility or authority. And as law students we known that legislation means the law. So, delegated legislation is where Parliament gives or delegates the power to make pieces of delegated legislation to certain bodies and organisations. This means that a piece of delegated legislation is a law that has been made by someone other than Parliament, but they have made this law with Parliament’s permission.
Parliament will delegate this law-making power by passing an Enabling Act, this is a special type of Act of Parliament that will set out who can make the delegated legislation and what areas they can cover.
There are three main types of delegated legislation you need to know: statutory instruments, orders in council, and bylaws.
We shall now explore each one in turn.
1. Statutory Instruments
Statutory instruments are the most common form of delegated legislation in the UK. In fact, there are on average over 1,300 statutory instruments created each year.
Here, Parliament will delegate the power to make a statutory instrument to government ministers and departments. This means that ministers can create detailed rules about specific areas without needing the full Parliamentary law making process and Parliament to vote on every small change. Statutory instruments have national effect, this means they apply across the whole of the UK, not just in one area.
Statutory instruments can be in the form of:
Regulations: This sets out how something should be done in practice (e.g. Health Protection (Coronavirus, Restrictions) Regulations 2020).
Orders: These are used to bring parts of an Act into force or change existing law (e.g. Protection of Freedoms Act 2012 (Relevant Official Records) Order 2012).
Rules: These explain procedures to follow, especially in legal or official processes (e.g. Tribunal Procedure Rules).
Codes of Practice: These will provide detailed guidance on how laws should be followed (e.g. Codes of Practice under the Police and Criminal Evidence Act 1984).
Examples of Statutory Instruments:
Coronavirus Act 2020: This Act stated that the Government could create rules and regulations that were necessary for public health. The Covid restrictions were rules and regulations that were made under statutory instruments.
The Rights of the Subject, Protection of Freedoms Act 2012 (Relevant Official Records) Order 2012: This order changed the law so that historical convictions for consensual homosexual sex with persons 16 or over will be treated as ‘spent’ and will not show up on a criminal records check.
2. Orders in Council
Orders in council are a type of delegated legislation where Parliament has delegated the law-making power to the King and the Privy Council. The Privy Council is formed of senior judges, the Prime Minister, and leading MPs. Whilst Parliament still gives permission to make this type of delegated legislation through an Enabling Act, the key difference here is that these laws can be passed without going through the usual parliamentary process.
Orders in council can have either national or local effect, this means that they could apply to the whole country or a selection of people.
Orders in Council can be made in an emergency:
These are used when there is a national emergency and fast legal action is needed. The Emergency Powers Act 1920 allows the Privy Council to make laws quickly.
Example: Contagious Diseases (Animals) Acts – various Orders in Council were made in response to the foot and mouth disease outbreak to help stop it from spreading.
Orders in Council can be used to transfer responsibility:
They can be used to move responsibilities from one government department to another.
Example: An Order in Council transferred responsibility for international development from the Foreign and Commonwealth Office to the Department of International Development.
Orders in Council can be used to make specific law changes:
Orders in Council can make direct changes to the law.
Example: Orders in Council were used to downgrade cannabis from a Class B to a Class C drug in 2003 and then change it back to Class B in 2008 under the Enabling Act of the Misuse of Drugs Act 1971.
3. Bylaws
Bylaws are the final type of delegated legislation, here Parliament has used an Enabling Act to delegate law making powers to local authorities, public corporations, or regulatory bodies. Bylaws have local effect; this means that these laws are specific to local areas or services and they do not apply to the whole country.
One key feature of Bylaws is that they must be approved by the relevant government minister before they can be enforced.
Local Authority Bylaws:
Local councils make laws on local matters like anti-social behaviour, dog fouling, parking, alcohol in public, and more.
Example: The Local Government Act 1972 allows local councils to make specific bylaws that relate to issues in each local area.
Public Corporation Bylaws:
Public service companies make rules for their services and users.
Example: Section 67 of the Transport Act 1962 allows Transport for London to ban smoking and drinking alcohol on the London Underground.
Regulatory Body Bylaws:
These are made by professional organisations to regulate the behaviour of their members.
Example: The Solicitors Act 1974 allows the Law Society to regulate how solicitors behave.
Quick Recap:
Delegated legislation is a vital part of the UK legal system. It allows laws to be made more quickly and in more detail by those with the relevant knowledge or responsibility. Here’s a quick recap:
Statutory Instruments: Made by government ministers, apply nationally, often used for detailed rules.
Orders in Council: Made by the King and Privy Council, used in emergencies, for transferring powers, or making law changes.
Bylaws: Made by local councils, public corporations, or regulatory bodies, and apply locally or to specific services.
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