Cecily Zamora
The UK Parliament's primary function is to make laws, with the House of Commons, House of Lords, and monarch all playing a role in the process. The number of laws passed each year varies, with several factors influencing the legislative output. While there is no fixed number, understanding the law-making process and the types of legislation involved provides insight into the pace and volume of law-making in the UK. This includes primary legislation, Acts of Parliament, and secondary legislation, such as Statutory Instruments (SIs). SIs, issued by ministers under powers granted by Acts of Parliament, have seen an annual average of 3,000 from 2010 to June 2019. The volume of Acts has generally declined over the last 40 years, while the number of pages of legislation has increased in recent years compared to three decades ago.
| Characteristics | Values |
|---|---|
| Number of Acts passed by the Scottish Parliament per year | 14 |
| Number of Acts and Measures passed by the National Assembly of Wales | 62 |
| Number of Acts passed by the Northern Ireland Assembly from 2000 to its suspension in 2017 | 173 |
| Average number of UK Statutory Instruments (SIs) issued per year from 2010 to June 2019 | 3000 |
| Number of Government Bills considered in the House of Commons in the 2015/16 session | 26 |
| Number of Government Bills that started in the House of Commons in the 2015/16 session | 18 |
| Number of Government Bills that received Royal Assent and became law in the 2015/16 session | 23 |
| Number of new Public Acts per year | 25 to 50 |
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What You'll Learn
Primary legislation
In the United Kingdom, there are two main types of legislation: primary and secondary. Primary legislation, also known as Acts of Parliament or statutes, are the supreme law in the UK. They are created by the UK Parliament in Westminster, London, and can be enforced in all four UK constituent countries: England, Scotland, Wales, and Northern Ireland.
The process of creating primary legislation begins with consultation, after which the sponsoring department sends drafting instructions to parliamentary counsel, who are expert lawyers responsible for writing the legislation. These instructions outline the purpose of the bill, but not the specific details. The parliamentary counsel must draft the legislation clearly to minimise the possibility of legal challenges and ensure compatibility with existing UK, European Union, and delegated legislation.
Once the bill is drafted, it must be approved and scrutinised by the sponsoring department, minister, parliamentary counsel, and LP. It is then submitted to the authorities of the House in which it will start its legislative journey, either the Clerk of Legislation in the Commons or the Public Bill Office in the Lords. Here, the bill is checked to ensure it complies with the rules of the house.
If the bill passes this stage, it proceeds to the Committee Stage, where a Standing Committee is established to consider the bill clause by clause. This is followed by the Report Stage, where the bill is reviewed again, and new amendments may be added. Finally, there is the Third Reading, where the House reviews the amendments and decides whether to allow the bill to proceed to the next House.
While the number of Acts of primary legislation has generally declined over the last 40 years, there are still a significant number of Public General Acts passed each year, typically ranging from 25 to 50. These acts are usually accompanied by Explanatory Notes, providing a clear explanation of the Act's purpose and context.
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Secondary legislation
From 2010 to June 2019, an average of 3,000 UK SIs were issued annually. However, only about 1,000 of these needed to be considered by Parliament.
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Public General Acts
Once passed, hybrid bills are printed as part of the Public General Acts. These acts are published by the Stationery Office (TSO) and can be found in their original text (as enacted) and revised versions. Coverage is complete from 1988, and the texts are arranged in subject order.
The number of Public General Acts has generally been declining over the last 40 years, while the number of Statutory Instruments has increased.
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Local and Personal Acts
Personal Acts, known as Private Acts until 1948, evolved from the right to petition Parliament for redress from a specific wrong or to obtain a benefit not available through statute or common law. They were often used for divorce, naturalisation of foreigners, legal name changes, and changing the terms of a will. Since the introduction of general laws in these areas, the use of Personal Acts has decreased significantly. They are now rare and mostly used for marriage-enabling and estate acts.
Local Acts are public acts sought by and for the benefit of organisations or used to authorise major projects such as railways, canals, or other infrastructure projects. They are often sought by local authorities who require additional powers to manage or control issues in their locality, such as street trading.
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Statutory Instruments (SIs)
SIs are surprisingly little-known, given that about 3,000 are issued in the UK each year on average. From 2010 to June 2019, an average of 3,000 UK SIs were issued annually. In the 2015/16 session, 26 Government Bills were considered in the House of Commons, with 23 receiving Royal Assent and becoming law.
SIs can be published or unpublished and are indexed in annual Lists of Statutory Instruments. They usually follow an affirmative or negative procedure or have no procedure at all, and their scope is fixed by the Act of Parliament under which they are made. SIs requiring affirmative resolution are published in draft form and need approval from both Houses before they can come into force.
The Joint Committee on Statutory Instruments and the Lords Committee on the Merits of Statutory Instruments are two committees that scrutinize SIs. The Joint Committee ensures that SIs do not exceed the powers set out in the enabling Act and examines their legality, while the Lords Committee focuses on the policy implications.
Sources for finding SIs include LexisLibrary, Westlaw, vLex, and legislation.gov.uk, which offer updated and historical versions of SIs.
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Frequently asked questions
There are usually between 25 and 50 new Public Acts each year.
There are two main types of legislation in the UK: Primary legislation, which includes Acts of Parliament or Statutes, and Secondary legislation, which includes Statutory Instruments (SIs).
Primary legislation is the main body of law and is created by Parliament. Secondary legislation is made by government ministers under the powers granted by primary legislation and is used to fill in the details of how the law will work in practice.
A bill goes through several stages before becoming a law, including the Committee Stage, Report Stage, and Third Reading. If the House of Lords disagrees with the bill, the Parliament Act 1949 can be invoked, and the Commons' will prevails after a year's delay.
