2. Also referred to as:




Delegated legislation
Subordinate legislation
Secondary legislation
Law made by an authority other than the
legislature under powers given to it by a
primary / parent legislation.

3. 
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.

4. 
Parent Act: the Act, Enactment or Ordinance
that confers power to the relevant authority
to make the subsidiary legislation.

The relevant authority then makes the
subsidiary legislation (either in the form of
Rules, Regulations, Orders, Notifications, Bylaws, etc.) as required by the Parent Act.

5.  Employees Social Security (Supply)
Regulations 2006
 Legal Aid (Mediation) Regulations
2006

6. 

S 601 of the Employment Act 1955:
“The Minister may, by regulation…provide
for the entitlement of employees to, and for
the payment by the employer of – (a)
termination benefits; (b) lay-off benefits; and
(c) retirement benefits”.

The Minister made the regulation known as
the Employment (termination and Lay-Off
Benefits) Regulation 1980.

7. 


Employment Act 1955  Parent Act (made
by the legislature).
In the Parent Act, the Parliament gives power
to the Minister (who is not the legislature) to
make regulation.
The regulation made by the Minister, i.e. the
Employment (Termination and Lay-Off
Benefits) Regulation 1980, is called subsidiary
legislation.

8. makes
PARENT ACT
Employment Act 1955
LEGISLATURE
Parliament
gives power to
MINISTER
(not legislature but
executive)
makes
SUBSIDIARY LEGISLATION
Employment (Termination
and Lay-Off Benefits)
Regulation 1980

9. S 95(2), Police Act 1967:
“The YDPA may make rules relating to all or any
part of the following matters:
…
(d) the administration of the Police Fund;..”


The Police Fund Rules 1975 was made.



Parliament gives power to YDPA
Parent Act: Police Act 1967
Subsidiary legislation: Police Fund Rules 1975

10. 


S 77, Legal Profession Act 1976:
The Bar Council may, with the approval of
the Attorney-General make rules for
regulating the professional practice,
etiquette, conduct, and discipline of
advocates and solicitors.
The Legal Profession (Practice and
Etiquette) Rules 1978 was made.

11. 


S 24(1) Housing Developers (Control
Licensing) Act 1966
The Minister may make regulations for the
purpose of carrying into effect the provisions
of this Act.
Housing Developers (Control and Licensing)
Regulation 1989

12. 

S 202, Insurance Act 1963:
The Bank, with the approval of the Minister,
or the Minister, as the case may be, may
make regulations for carrying into effect the
objects of this Act or any provisions of this
Act and for prescribing anything which under
this Act is to be prescribed.

13. “There is nothing to prevent Parliament from
delegating power to legislate on minor and
administrative matters and for this very reason, we
have in addition to statutes, innumerable
subordinate or subsidiary legislation having the
force of law. Without these subordinate or
subsidiary legislation, the Government machinery
will not be able to function effectively”.
-Per HashimYeop Sani J in S Kulasingam v
Commissioner of Land, Federal Territory [1982] 1
MLJ 204, 209

14. 


Saves time: Legislature only deals with broad
principles of the law. Details are left to the
relevant authority.
Lack of expertise on the part of the
legislature. E.g. technical matters are
handled by the experts in the Environment.
Flexibility: subsidiary legislation can be
brought in immediately to control a situation
without the need to undergo the
parliamentary procedures.

15. 


Offends the doctrine of separation of powers.
Has the tendency of being misused or
abused.
The executive (as the body which makes
subsidiary legislation) is not accountable for
any rules made.