LECTURE-04

SUBSIDIARY RULES & KINDS OF ACTS

LLB Semester VI

DR. JAWED AZIZ MASUDI
ASSISTANT PROFESSOR (LAW)
SHAHEED ZULFIQAR ALI BHUTTO UNIVERSITY OF LAW
Email: jawed.masudi@gmail.com Cell: 03228214515
 Subsidiary legislation

 Subsidiary legislation” means proclamation,
regulations, rules, rules of court, bye-laws,
order, notice or other instrument made under
a written law and having legislative effect. ...
“written law” means the provisions of the
Constitution, an Act or subsidiary legislation
for the time being in force.
 INTRODUCTION

 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. In summary,
the Act dictates what must be done, a regulation etc
dictates how it is done.
What forms does subsidiary legislation take?


The following terms generally describe
instruments used to make subsidiary
legislation for the following purposes,
although practice is not consistent
either between or within different
jurisdictions.
What forms does subsidiary legislation
take? Contd….

Proclamation: the formal public
announcement of legislation that is likely to
be important or have significant
consequences.

Regulations: subsidiary legislation of general

application, especially that containing
provisions of substantive law.
What forms does subsidiary legislation
take? Contd….

Rules: an instrument that prescribes
procedural requirements rather than
provisions of substantive law.

Rules of court: an instrument that prescribes

procedural requirements relating to court
proceedings.
 What forms does subsidiary legislation
take? Contd….

 Bye-law or bylaw: Subsidiary legislation made by
statutory bodies to have local or specific application.

 Notice: A formal announcement of subsidiary

legislation unlikely to have major significance for the
general public.

 Order: An instrument that applies provisions

contained in the enabling Act to specific persons, or
classes of persons, or to specific cases or places.
 Difference between Acts, Bills and
Subsidiary Legislation

 Acts are also called statutes. Acts are made by
Parliament (Legislative Assembly and Legislative
council)

 Bills are proposed acts. A member of parliament

introduces a Bill into the Legislative Assembly or
Legislative council). If both houses pass the Bill, it is
an act.
 Subsidiary Legislation
(Regulations,Rules,Code, By-law ect.

Generally laws are made under powrer
conferred by an act. They expend on or
supplement the provision of act detailing the
correct way the provision of the act are to be
implemented. These pieces of legislation
must be published in the Government
Gazette to become law .

 What Is Delegated Legislation?

 Delegated (or subordinate or subsidiary) legislation
refers to those laws made by persons or bodies to
whom parliament has delegated law-making
authority

 Where acts are made by parliament, each principal

act makes provision for subsidiary legislation to be
made, and will specify who has the power to do so
under that act
 Delegated Legislation? Contd…

 When judicial pronouncements are been taken as
reference it should be taken into note that the decisions
referred are Indian, if they are foreign it should
beDelegated legislation can only exist in relation to an
enabling act

 Delegated legislation contains the many administrative

details necessary to ensure that the provisions of the act
will operate successfully. It may be administered by
Government Departments, Local Councils or Courts
 Delegated Legislation? Contd…

Regulations and Statutory Rules are the most
common forms of delegated legislation. They
are made by the executive or a minister and
apply to the general population. By-laws, and
sometimes Ordinances, are made by a local
government authority and apply to the
people who live in that area. Rules commonly
describe procedure to be followed in Courts
 Types of delegated legislation

 Delegated Legislation is a term which covers the
vast amount of legislation made by government
agencies and the Governor-General under
authority of Acts of Parliaments, which delegate
this power to agencies. This type of legislation is
also known as Subordinate Legislation or, since
2005, Legislative Instruments. Within the broad
area of Delegated Legislation the following more
specific terms are sometimes used:
 Regulation


The most common form of delegated
legislation. Used for legislation of general
application emanating from a government
department. Published in the Statutory Rules
series until 2004 and in the Select Legislative
Instrument series from 2005
 Rule


Legislation specifying procedural
formalities, eg court procedures such as
the High Court Rules. Published in the
Statutory Rules series until 2004
 Ordinance


Primary legislation of non self governing territories,
made by a federal government department to apply
to a particular territory. Also used for the legislation
of some State local government bodies.
 By-law


Made by a statutory corporation having effect only
within the area of responsibility of the authority.
Also used for the legislation of some State local
government bodies.

 There is also a range of other delegated legislation

which includes: Decisions, Declarations,
Determinations, Directions, Orders, etc.
