What is subsidiary delegated legislation?

2.  Section 3 of the Interpretations Act 1948 & 1967: “subsidiary legislation” means any proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act, Enactment, Ordinance or other lawful authority and having legislative effect.

Can delegated powers be sub delegated?

The position is well established that the maxim ‘Delegatus Non-Potest Delegare’ applies in the area of delegated legislation also and sub-delegation of power is not permissible unless that power is conferred either expressly or impliedly.

What is rule against sub delegation?

R , that the rule against sub delegation of the subordinate powers is expressed through the Latin maxim Delegatus non potest delegare meaning a delegate is not competent to further sub-delegate.

What is sub delegation?

Sub-delegation is a transfer of authority but not of accountability. This means that the person sub-delegating the authority will remain accountable for the use of that authority.

What are examples of subsidiary legislation?

Subsidiary legislation, which includes regulations, rules, by-laws, codes, etc, is, generally speaking, laws made by the Governor, Ministers of the Crown, and certain other bodies, under powers conferred by an Act. They are made under an Act and expand on or supplement the provisions of the Act.

Is sub delegation permissible?

But this maxim is not a rule of law, it is just a constructive rule for the statutes. But talking in the general sense, in the specified cases, sub delegation is permitted, if it is expressly stated under statutes or if it can be inferred from the statutes or circumstances.

Why a delegate can not sub delegate?

The governing principle is that legislative powers must be exercised by the delegatee himself and by none else. A delegatee cannot further delegate his power unless the parent law permits it to do so.

Who exercises the power of delegation and sub delegation?

(1) Subject to Section 153(4) (validity of executive acts) of the Constitution, and to Subsection (2), where a regulation empowers a Minister to delegate a power or function no person other than the Minister in person, or a delegate (if any) or a subdelegate (if any) under the power of delegation, may exercise or …

What is subsidiary legislative?

2 (88) Definition of “subsidiary legislation” – “subsidiary legislation” means any Order in. Council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any Ordinance, Enactment or other lawful authority and having legislative effect.