Define: Delegated Legislation

Delegated legislation refers to the process by which a legislative body, such as a parliament or congress, delegates its lawmaking authority to another body, typically an executive agency or government department. This delegated authority allows these bodies to create detailed rules, regulations, or bylaws within the framework of broader legislation enacted by the legislature. Delegated legislation is often used to address technical or administrative matters, adapt to changing circumstances, or provide flexibility in implementing laws without the need for frequent amendments to primary legislation. While delegated legislation can expedite the regulatory process, it is subject to oversight and scrutiny to ensure that it aligns with the intentions of the legislature and respects democratic principles. Courts may also review delegated legislation to ensure that it complies with constitutional principles and does not exceed the authority granted by the enabling statute.

While Parliament is the primary legislating body, it is widely recognised that it does not have time to issue all legislation in the form of a statute (see: Statute). Instead, statutes will grant delegated powers to other people or bodies (typically ministers) to supply the detailed legislation. The most important forms of delegated legislation are: Statutory Instruments (including Rules and Orders), Orders in Council, and by-laws.

See: Statutory instrument Order in council By-law

Because delegated legislation is primary legislation, it cannot be set aside by a court on the basis that it conflicts with case law.

However, successful legal challenges are often mounted on the basis that the legislation is ultra vires — the issuing authority acted beyond the powers conferred by statute. While it is unlikely that a Minister or a Local Authority would intentionally (or even carelessly) usurp powers in this way, it has been argued that an ‘unreasonable’ by-law, for example, is ultra vires. The basis of this argument is that Parliament would never intentionally delegate authority to frame oppressive or gratuitous legislation.

The European communities act (1972) ‘delegates’ to the legislature of the European Union the right to legislate for the UK. However, this is widely believed to be a different kind of delegation than the one that operates in the case of, say, Statutory Instruments. In particular, the Act gives the EU power to require the modification of UK Statutes, which is difficult to reconcile with traditional delegated legislation.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.