ABSTRACT

This chapter explores the different forms of delegated legislation and how they are made. A theme of both law-making chapters of this textbook is the extent to which legislation is properly scrutinised before it becomes law. Primary legislation is like the rigid skeleton of the English Legal System and secondary legislation fleshes out that skeleton. The Courts and Legal Services Act 1990 makes provision for secondary legislation on a number of issues related to the day-to-day operation of the courts and the allocation of claims to the High Court or other courts. Updates to the tax codes that operate within the English Legal System are an example of the type of updating that is achieved primarily by secondary legislation. Understanding the symbiotic relationship between primary and secondary legislation is crucial to full and proper understanding of the English Legal System as a distinct subject.