Delegated or secondary Legislation is usually related to detailed changes to the Law made from the existing Act of the Parliament. The majority of the delegated legislation are formed by the Statutory Instruments.
Functions of delegated legislation
Delegated legislation permits the Government to make changes to a law without introducing a new Act of parliament. The original Act also contains certain provisions that allow the Act to be amended at times, if required. These changes may range from technical changes to framing of Acts with greater details.
Statutory Instruments
Statutory instruments are a type of delegated legislation. Approximately 3000 Statutory Instruments are issued every year. Almost 2/3rd of the Statutory Instruments are not considered in the Parliament. They simply become Law on a specified date. The legal office of the concerned government department usually draft the Statutory Instruments. Discussions often take place with the interested bodies and parties.
The Delegated Powers’ Scrutiny Department of the House of Lords
Established in 1992, the Delegated Powers’ Scrutiny Committee constantly keeps an eye on how much power is delegated by the Parliament to the Government Ministers. It also scrutinizes the Bills before they start passing through the Houses for their consent. The general trend is that if the Delegated Powers’ Committee approves certain provisions in a Bill, they are usually not subject to any further debate.
The Merits’ of Statutory Instruments Committee of the House of Lords
The Lords’ Merit Committee, established in 2003, tries to determine whether any special attention should e given to:
Is of political and legal significance raising public policy issues of concern to the House
Has become obsolete in the changed circumstances since the commencement of the Parent Act.
May implement the European Union legislation wrongly
May achieve its policy objectives imperfectly
The Merits Committee submit its report every week. Just like the Regulatory Reform Committee and the Delegated Powers, the House of Lords is also advised by the Merit Committee. It is totally for thr House to decide whether it should act upon the advice of the committee or not.
