Legal Definitions - delegated legislation

Delegated legislation refers to laws, rules, or regulations created by a body or person to whom a primary legislative body (such as a national parliament or congress) has formally granted the power to do so. Instead of the primary legislature detailing every single rule, it passes a broad "enabling act" that authorizes a government minister, department, local authority, or regulatory agency to make more specific, technical, or administrative laws. This approach allows for greater flexibility, quicker adaptation to changing circumstances, and the involvement of experts in drafting detailed rules that support the broader framework established by the primary law.

• Example 1: Environmental Emission Standards

  Imagine a country's Parliament passes a comprehensive Clean Air Act, which broadly states that industrial emissions must be controlled to protect public health. However, the Act itself does not specify the exact maximum permissible levels for every pollutant from every type of factory.

  Under the authority granted by this Clean Air Act, the national Environmental Protection Agency (an executive body) then issues detailed "Statutory Instruments" or "Regulations" that specify the precise limits for sulfur dioxide, nitrogen oxides, and particulate matter for different industrial sectors, along with monitoring requirements and penalties for non-compliance.

  These detailed rules, made by the Environmental Protection Agency, are delegated legislation because they derive their legal authority from the broader Clean Air Act passed by Parliament. Parliament delegated the power to create these specific, technical rules to the expert agency.

• Example 2: Local Traffic Bylaws

  A national Local Government Act grants local councils the general power to manage traffic and public order within their municipal boundaries for the benefit of residents.

  Using this general power, a city council creates a "Traffic Management Bylaw" that designates specific streets as one-way, sets speed limits on residential roads, establishes parking restrictions in certain areas, and outlines rules for bicycle lanes.

  The city council's bylaw is a form of delegated legislation. The national Local Government Act provided the general authority, but it was the local council that created the specific rules tailored to its unique urban environment. This demonstrates how a primary legislature can empower local bodies to make laws relevant to their specific contexts.

• Example 3: Food Safety Regulations

  Parliament passes a Food Safety and Standards Act, which broadly mandates that all food products sold to consumers must be safe and accurately labeled. The Act sets out the overarching principles but doesn't detail every single requirement for every food item.

  A national Food Standards Agency, established under this Act, then publishes detailed "Food Hygiene Regulations" specifying the exact temperatures for storing different types of food, the cleanliness standards for food preparation areas, the labeling requirements for allergens, and the qualifications for food handlers.

  The detailed regulations issued by the Food Standards Agency are delegated legislation. Parliament set the overarching goal of food safety, but delegated the power to define the precise operational and technical requirements to the expert agency. This allows for detailed, up-to-date standards to be set by those with specialized knowledge, without requiring Parliament to legislate on every minute detail of food production and handling.