Delegated Legislation in The United Kingdom - Layout of Delegated Legislation

Layout of Delegated Legislation

Most delegated legislation will begin with a preamble which sets out who is making the legislation, the authority (precisely which sections of which Acts of Parliament) under which it is passed and, where appropriate, confirming that any pre-conditions required by the parent Act (for example, approval of a draft by each House of Parliament, or consultation with specified organisations) have been met.

What term is used to refer to the individual clauses of delegated legislation will depend on which type it is:

• in Orders, Orders in Council and Orders of Council, each clause is called an article.
• in Regulations, each clause is a regulation.
• in Rules, each clause is a rule.
• in Directions, and in the Schedules of Orders, Regulations and Rules, each clause is called a paragraph.

Clauses may be grouped under headings and in complex delegated legislation, the document may be divided into Parts. The main body of the delegated legislation may be followed by Schedules setting out even more detailed provisions.

There will also usually be an explanatory note describing, in summary form and using non-legal language, the purpose and scope of the legislation. The explanatory note is for convenience only and has no legal effect.