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Chapter 3

Delegated legislation

Legislation passed not in an Act of Parliament itself but through powers conferred on a body through an Act of Parliament. Most delegated legislation is passed to supplement Acts of Parliament, for example, by providing detailed rules or regulations. Also known as subordinate legislation.

Ejusdem generis

A rule of language that is used in statutory interpretation. In English, it means the ‘same kind’ or ‘same class’ rule. Where a statute contains a list, such as ‘cats, dogs and other pets’, an animal not specified within that list will only be included if it is the same kind of animal as those listed. Thus it is likely that a domestic pet, such as a hamster, would be included, but a wild animal, such as a tiger, would not.

Golden rule

A common law rule of statutory interpretation. It is a modification of the literal rule and is used to avoid absurdity. The courts may only use the golden rule if there are genuine difficulties in applying the literal rule.

Literal rule

A common law rule of statutory interpretation. If the wording in a statute is clear, it may be applied literally, which means that it must be given its ordinary meaning.

Lord Chancellor

One of the common law rules of statutory interpretation. It requires the judge to take into account the ‘mischief’ or problem the Act was aimed at remedying, which helps him or her to interpret the meaning of the statute.

Mischief rule

One of the common law rules of statutory interpretation. It requires the judge to take into account the ‘mischief’ or problem the Act was aimed at remedying, which helps him or her to interpret the meaning of the statute.

Noscitur a sociis

A rule of language that is used in statutory interpretation. It is often described as meaning that " a word is known by the company it keeps" . Effectively, it means that the words in a statute should be read in context.

Orders in Council

A form of delegated legislation made by the Privy Council.

Royal Assent

The final stage required for a Bill to become an Act. The King gives his approval by convention.

Secondary legislation

Legislation passed under powers delegated by Parliament, rather than by Parliament itself. Secondary legislation is generally much quicker to produce than primary legislation. It is often used to fill in the detail of an Act of Parliament.

Statutory instrument

A piece of secondary legislation, passed under powers delegated by Parliament rather than passing through Parliament itself.