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Legal Terms - delegated legislation (subordinate legislation)
Legislation made under powers conferred by an Act of Parliament (an enabling statute, often called the parent Act). Governmental instruments, such as *Orders in Council and variously named orders, regulations, rules, instructions, and projects created by ministers, make up the majority of delegated legislation.Its main purpose is to support Acts of Parliament by establishing the intricate and technical regulations needed for them to function. Unlike Acts, it can be produced (and altered as needed later) without consuming parliamentary time. Various organizations outside of the central government also create delegated legislation; some examples include *byelaws, the *Civil Procedure Rules, and the rules of conduct of specific professional associations.
With the exception of byelaws, the majority of delegated legislation is subject to some kind of legislative oversight, which can take one of three primary forms:
2. a provision that it be laid and, for a specified period, liable to annulment by a resolution of either House (negative resolution procedure); 3. a provision that it be laid and either shall not take effect until approved by resolutions of both Houses or shall cease to have effect unless approved within a specified period (affirmative resolution procedure). 1. a simple requirement that it be laid before Parliament after being made (ensuring that members become aware of its existence but affording them no special method or opportunity to question its substance).
Any provision for a negative or affirmative resolution pertaining to purely financial instruments only relates to the House of Commons.
The doctrine of *ultra vires subjects all delegated legislation to judicial oversight. Certain words are assumed to be used in the same sense as in the parent Act since delegated legislation is interpreted in the context of that Act. Aside from this rule, the same guidelines apply as they do to the *interpretation of statutes.
Legislation made under powers conferred by an Act of Parliament (an enabling statute, often called the parent Act). Governmental instruments, such as *Orders in Council and variously named orders, regulations, rules, instructions, and projects created by ministers, make up the majority of delegated legislation.Its main purpose is to support Acts of Parliament by establishing the intricate and technical regulations needed for them to function. Unlike Acts, it can be produced (and altered as needed later) without consuming parliamentary time. Various organizations outside of the central government also create delegated legislation; some examples include *byelaws, the *Civil Procedure Rules, and the rules of conduct of specific professional associations.
With the exception of byelaws, the majority of delegated legislation is subject to some kind of legislative oversight, which can take one of three primary forms:
2. a provision that it be laid and, for a specified period, liable to annulment by a resolution of either House (negative resolution procedure); 3. a provision that it be laid and either shall not take effect until approved by resolutions of both Houses or shall cease to have effect unless approved within a specified period (affirmative resolution procedure). 1. a simple requirement that it be laid before Parliament after being made (ensuring that members become aware of its existence but affording them no special method or opportunity to question its substance).
Any provision for a negative or affirmative resolution pertaining to purely financial instruments only relates to the House of Commons.
The doctrine of *ultra vires subjects all delegated legislation to judicial oversight. Certain words are assumed to be used in the same sense as in the parent Act since delegated legislation is interpreted in the context of that Act. Aside from this rule, the same guidelines apply as they do to the *interpretation of statutes.
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