Publications / Briefings

The Health and Care Bill: Delegated Powers

3 Sep 2021

Ahead of the Health and Care Bill’s Committee stage in the House of Commons, this briefing paper focuses on five clauses in the Bill that contain delegated powers that are of particular concern and that highlight different aspects of the problems with the system of delegated powers.

Dheemanth Vangimalla , Researcher, Hansard Society
,
Researcher, Hansard Society

Dheemanth Vangimalla

Dheemanth Vangimalla
Researcher, Hansard Society

Dheemanth joined the Hansard Society in July 2021 as a Researcher to contribute to the Review of Delegated Legislation. His role also involves supporting the day-to-day delivery of the Society’s legislative monitoring service, the Statutory Instrument Tracker®.

Dheemanth has a diverse professional background that includes experience in both the legal and non-legal sectors. He completed his MBBS degree at the University of East Anglia. He has since attained a Graduate Diploma in Law (GDL) while working full-time as a junior doctor at an NHS hospital trust. He has previously conducted legal research with the hospital’s legal services department. As a research assistant, he has also contributed to a public international law project concerning citizenship and statelessness. Additionally, he has experience conducting scientific and laboratory-based research during his BMedSci degree in Molecular Therapeutics at Queen Mary University of London.

Get our latest research, insights and events delivered to your inbox

Subscribe to our newsletter

We will never share your data with any third-parties.

Share this and support our work

While the delegated powers in the Health and Care Bill might appear to be merely technical matters, in this as in most bills they raise important questions of constitutional, legal and procedural principle that matter, regardless of party allegiance or views on the policy merits of the bill. The scope and design of the delegation of power sought in any bill raise important questions for MPs that go to the heart of their role as legislators. For example:

  • To what extent are MPs willing to continue accepting the troubling arrogation of power by the executive (by successive governments) at the expense of Parliament?

  • What scrutiny or other safeguards do Members think are desirable or necessary to constrain use of delegated powers? Given the inadequacy of scrutiny procedures that apply to delegated legislation in the House of Commons, can they really remedy a delegation of legislative power otherwise deemed unacceptable?

  • If Parliament accepts controversial powers in a bill, it creates a precedent that may be used by government to justify taking similar powers in other bills in the future. However, if Parliament has reluctantly accepted a power in exceptional circumstances - for example, during the Brexit process when there was a need to legislate at speed - are MPs content for Ministers to rely on that precedent for the establishment of new powers?

  • The inclusion of ‘Henry VIII powers’ enabling Ministers to amend or repeal primary legislation by Statutory Instrument challenges the constitutional principle that Parliament is sovereign; that it is the sole legislative authority with the power to create, amend or repeal any law. How content are MPs for such powers to continue to be a relatively common feature of the law?

  • How much discretion do MPs think should be conferred on Ministers by the legislature? Ministers may use broadly defined and ambiguously worded powers in ways that that go beyond the original intention of the legislation. How content are MPs that such powers continue to be claimed by the executive, particularly when in many instances such powers will be available to Ministers in future governments of a different political stripe, possibly decades later, and may therefore be used by Ministers with radically different policy objectives from those who sought the powers in the first place?

  • Do MPs think that government should be granted ‘reserve’ or ‘holding’ powers, the use of which is not fully explained or defined, simply because it is administratively convenient or because Ministers may desire freedom to act at a later date? Are MPs content that Ministerial claims of exigency and convenience should trump parliamentary scrutiny?

  • When Ministers acknowledge that the relevant policy development process - particularly the consultation stage - is unfinished, should they nonetheless be granted powers to act in that area of policy?

If MPs are solicitous of the proper role and function of Parliament and their responsibilities as legislators, then the answers to these questions should inform the debate about the scope of, and safeguards applied to, each clause in a bill that contains a proposed delegation of power. Changes which tighten the use of powers, limit the extent of discretion, incorporate scrutiny safeguards, or resist the gravitational pull of precedent, are designed to buttress the role of Parliament in scrutinising future executive action and regulations; they need not interfere with or prevent the implementation of the intended policy.

The briefing falls into two main parts:

  • The first, after an overview of the Bill, summarises our key thematic concerns about some of the delegated powers in the Health and Care Bill.

  • The second provides a detailed analysis of the clauses of concern, drawing on the Bill and the Explanatory Notes and Delegated Powers Memorandum (DPM) that accompany the legislation.

The five clauses of concern are:

  • Clause 14 - People for whom Integrated Care Boards have core responsibility

  • Clause 68 - Procurement regulations

  • Clause 87 - Power to transfer functions between bodies

  • Clause 120 - International healthcare arrangements

  • Clause 125 - Advertising of less healthy food and drink

Our analysis draws heavily on ‘legislative standards’ which we have derived from reports of the House of Lords Delegated Powers and Regulatory Reform Committee (DPRRC). The DPRRC is an influential committee and provides the nearest thing to a form of ‘jurisprudence’ (or ‘legisprudence’) in the area of delegated powers.

Vagimalla, D. (2022) The Health and Care Bill: Delegated Powers (London: Hansard Society)

Who funds this work?

This work is supported by the Legal Education Foundation as part of the Hansard Society's Delegated Legislation Review.

News / Parliament Matters Bulletin: What’s coming up in Parliament this week? 13-16 April 2026

Ministerial Statements are expected on developments during the recess, particularly in the Middle East and on Russian submarine activity. The English Devolution Bill completes its final Lords stages, while legislative “ping-pong” continues on the Pension Schemes, Victims and Courts, Crime and Policing, and Children’s Wellbeing and Schools Bills. MPs scrutinising the Courts and Tribunals Bill will examine proposals to restrict jury trials. In the Lords, two bills – on the Grenfell Tower Memorial and ministerial salaries – will be fast-tracked through all stages in a single day. MPs will debate SEND reform, statutory menstrual leave, children’s safeguarding, and accessibility in the House of Commons. The Lords will consider changes to Immigration Rules and access rights for departing hereditary peers. Chloe Mawson becomes the first woman to serve as Clerk of the Parliaments. And the Treasury Committee will hold an appointment hearing with the new chief executive of the Prudential Regulatory Authority.

12 Apr 2026
Read more

News / Will key Government bills pass by the end of the parliamentary Session? - Parliament Matters podcast, Episode 138

With the King’s Speech set for 13 May, attention turns to the end of the current parliamentary Session and the frantic “wash-up” period before prorogation, likely in late April. We assess which Bills can still make it through in the remaining sitting days. With major Lords amendments on issues including revenge porn, social media access for under-16s, court transcripts and AI safety, Ministers face intense pressure and possible concessions. We also examine the political stakes around the Chagos Islands Bill and the stalled Hillsborough Law. The episode also answers listener questions on parliamentary procedure and reform, before exploring the sharp rise in Written Parliamentary Questions and what it means for effective scrutiny in Westminster. Listen and subscribe: Apple Podcasts · Spotify · Acast · YouTube · Other apps · RSS

27 Mar 2026
Read more

News / Who really decides Immigration Rules: Parliament or the Home Secretary? - Parliament Matters podcast, Episode 137

Who really controls immigration law when Ministers can rewrite key rules with minimal parliamentary scrutiny? Jonathan Featonby of the Refugee Council explains the Home Secretary’s far-reaching powers over Immigration Rules. We also discuss the Crime and Policing Bill, where amendments on AI and abortion highlight the challenges posed by rushed law-making and executive overreach. And we look ahead to the next phase of the assisted dying debate, as supporters in the House of Commons prepare for a renewed legislative push in the next parliamentary Session. Listen and subscribe: Apple Podcasts · Spotify · Acast · YouTube · Other apps · RSS

20 Mar 2026
Read more

Submissions / Written Parliamentary Questions - Our evidence to the House of Commons Procedure Committee

The use of Written Parliamentary Questions (WPQs) is rising sharply. Since July 2024, MPs have tabled questions at unprecedented levels. By late 2025 MPs were tabling over 600 per sitting day, more than double the long-term average. WPQs are a cornerstone of parliamentary scrutiny, helping MPs obtain information, challenge government policy and put issues on the public record. But this surge raises important questions about how Parliament balances transparency and accountability with the practical limits of the system. The House of Commons Procedure Committee is now examining the issue and has just published our submission containing our latest data and analysis.

06 Mar 2026
Read more

News / Jury trials under threat? The Courts and Tribunals Bill explained - Parliament Matters podcast, Episode 136

Plans to restrict the right to a jury trial have cleared their Second Reading in the Commons, but the proposals in the Courts and Tribunals Bill face growing resistance, including from Labour rebels. We discuss the legal and constitutional implications with barrister Lord Macdonald of River Glaven, examining what the reforms could mean for defendants’ rights and the criminal courts system. We also assess the passage of legislation removing hereditary Peers from Parliament, and the late compromise that eased opposition in the House of Lords. Meanwhile Sir Lindsay Hoyle clashes with the Chief Whip over delays in the division lobby, and newly released papers on Peter Mandelson’s Washington appointment raise fresh political questions. Listen and subscribe: Apple Podcasts · Spotify · Acast · YouTube · Other apps · RSS

13 Mar 2026
Read more