Delegated Legislation is created by Parliament making a Parent Act of parliament that creates the framework of the law and then delegate’s power to others to make more detailed law in the area.

Three different parties use delegated Legislation: Orders in Council – this is where the Queen and the Privy Council have the authority to make Orders in Council under the Emergency Powers Act 1920 (only used when Parliament is not sitting), Statutory Instruments – Ministers and Government departments are given authority to make regulations for areas under their particular responsibility (e.g. Lord Chancellor has power regarding legal aid schemes), Bylaws – created by local authorities to tackle specific problems within their area (these can also be made by local authorities such as the British Airport Authority).

What extent is Delegated Legislation an increasing sought of Law in England and Wales?

To answer this question fully we must first look at the need for Delegated Legislation in Wales and England. It mainly stems from the way in which Parliament doesn’t have enough time to look at all the intricate details of, for example, drawing up a law on controlling technology, or ensuring environmental safety.

Instead, Parliament debates and argues as fully as they can the details of passing a Parent Act of Parliament, in order to give powers to the industry or those that are in charge of such situations as the Lord Chancellor. Taking him as an example, Gordon Brown has the expertise and knowledge to make Legislation that he thinks is best for his department. Rather than Parliament making Act’s then amending them continually when they become out of date, the Parent Act allows local authorities to amend or revoke their Delegated Legislation. The Parent Act creates the framework of the Law and then delegate’s power to others to make more detailed Law in the area.

Another reason for Parliament to create Parent or “enabling” Acts is so that in an emergency, Parliament may not be able to pass laws quickly enough. Delegated Legislation can be amended and revoked quickly and easily, so that law can be kept up to date, and Ministers can respond to new or unforeseen situations by amending or amplifying statutory instruments.

Wales is given the power of Delegated Legislation through The Government of Wales Act 1998, before this Act was passed the control to make Delegated Legislation in Wales fell to the Secretary of State for Wales, Rhodri Morgan, as well as being the First Secretary for the Welsh Assembly. The Welsh assembly appoints a Cabinet under the First Secretary, to manage its business. He still represents Wales in the U.K. Parliament for the conduct of his office and safeguards Welsh interests at Westminster. However, he is not “bound” to defend the decisions of the Welsh Assembly.

The Welsh Assembly has seven areas of responsibility in which it can create Delegated Legislation:

1. Planning
2. Local Government
3. Housing
4. Transport
5. Health
6. Agriculture
7. Economic Development

To conclude, the Delegated Legislation increase in England and Wales is mainly due to the fast way in which the country moves today. It would be impractical for all MP’s to keep up with all health and safety regulations in different industries, or to have expert knowledge in all fields. It takes Parliament much longer to create Law than it is to create Delegated Legislation; it is better for Parliament to debate the main principles thoroughly, but leave the detail to be filled in by those who have expert knowledge of it.

Additionally, the increase in Delegated Legislation in Wales is down to the Government of Wales Act 1998, giving Wales more (but not a lot) of power over its own country.