An Act of Parliament on building safety gives the Secretary of State power to set detailed technical standards for fire doors by regulations. The Secretary of State then makes a statutory instrument containing those standards. Which statement about the statutory instrument is correct?

Correct answer: D) It is delegated legislation, and a court can declare it invalid if it goes beyond the powers conferred by the enabling Act

Explanation

A statutory instrument made by a minister under powers in an enabling (parent) Act is delegated (secondary) legislation. It has the force of law and binds everyone within its scope, but it is valid only if it stays within the powers Parliament conferred. A court can quash it as ultra vires on judicial review, which it cannot do with an Act of Parliament. It can normally be amended or revoked by a further statutory instrument made under the same power, without a new Act.