Part 1: Have the terms of the empowering provision and the general law been complied with when making the delegated legislation? Empowering provisions often contain preconditions that must be satisfied before the delegated legislative power can be exercised. For example, the provision might require the delegated legislation to be made only on the recommendation of a Minister. The general law also contains a number of rules that restrict or control the exercise of the delegated legislative power. The issue in each particular case is whether these preconditions or rules have been complied with. Empowering provision in force One of the main rules of the general law that controls the exercise of the delegated legislative power is that the empowering provision must be in force when the power is exercised. However, section 11 of the Interpretation Act 1999 provides that a power conferred by an enactment to make delegated legislation may be exercised before the enactment comes into force or takes effect. The power may be exercised only if the exercise of the power is necessary or desirable to bring, or in connection with bringing, an enactment into operation. The power may not be exercised if anything that results from exercising the power comes into force or takes effect before the enactment itself comes into force unless the exercise of the power is necessary or desirable to bring, or in connection with bringing, the enactment into operation. Retrospective delegated legislation Delegated legislation that has retrospective effect must be expressly authorised by