When my students’ attention turns to revision, one topic they are always keen to revise is delegated legislation. I assume this is because they feel the topic is relatively small and the past examination questions appear straightforward. In this article, I hope to pass on the advice I give to my students as a result of my examining experience in the hope that common mistakes can be avoided.
At its simplest, delegated legislation is law made by a body other than Parliament, but with the authority of Parliament. This basically means that Parliament is passing on its right to make law to another body, for example, a local council. Any law made by this body is subordinate to Parliamentary law (i.e. can be overruled by Parliament). Parliament gives authority by passing an enabling (or parent) Act that provides the framework for the law and gives permission for another body to make detailed law in that particular area. For example, the Road Traffic Act 1988 allows the Secretary of State to make regulations prescribing types of helmet that are acceptable for use with motorbikes.
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