Kara Sears
A statutory instrument (SI) is a form of delegated legislation and is the principal way in which it is made in the UK. Statutory instruments are governed by the Statutory Instruments Act 1946. They are used to fill out the details of a law or policy framework passed by Parliament. The content of statutory instruments is usually prepared by government departments and can be laid by either the negative or affirmative resolution procedure. If laid as an affirmative instrument, a committee in each of the House of Lords and Commons must debate and approve it before it becomes law. If laid as a negative instrument, it is presented to Parliament and becomes law unless a member votes to annul it in the following 40 days.
| Characteristics | Values |
|---|---|
| Definition | A statutory instrument is a form of delegated legislation. |
| Common forms | Statutory instruments are the most common form of delegated legislation in the UK. |
| Governance | Statutory instruments are governed by the Statutory Instruments Act 1946. |
| History | Statutory instruments replaced statutory rules and orders, which were made under the Rules Publication Act 1893, in 1948. |
| Devolution | Devolved powers have resulted in separate Scottish and Welsh statutory instruments. |
| Publication | Statutory instruments are published in the Federal Register for public notice and comment before becoming valid. |
| Effectiveness | Statutory instruments are effective immediately upon being made, numbered, catalogued, printed, sold, and published on the Internet. |
| Annulment | Any member of the House can propose a motion to annul a statutory instrument, although it is unlikely to be debated unless supported by a large number of members or the opposition. |
| Ultra vires | Statutory instruments can be struck down by the courts if they are deemed to be beyond the powers conferred by the parent Act. |
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What You'll Learn
Statutory Instruments (SIs) as secondary legislation
Statutory Instruments (SIs) are the most common form of secondary legislation in the UK. They are governed by the Statutory Instruments Act 1946 and are used to make delegated legislation, which is necessary to regulate modern British society.
SIs are made by a person exercising a power conferred by an Act of Parliament for a specified purpose. This means that Parliament will pass an Act with a framework for a policy idea or law, and the SI will subsequently fill out the precise details of the law. The content of SIs is usually prepared by government departments. This allows the government to change primary legislation without having to pass another Act through Parliament.
SIs can be laid by either the negative or affirmative resolution procedure. If laid as a negative instrument, an SI is presented to Parliament, and if no member votes to annul it in the following 40 days, it passes. If laid as an affirmative instrument, a committee in each of the House of Lords and Commons must debate and approve it before it becomes law.
As with all delegated legislation, SIs can be struck down by the courts if they are found to be beyond the powers conferred by the parent Act. This would be the case if the government attempts to use an SI for a purpose not envisioned by the Act, or if pre-conditions imposed by the Act have not been satisfied.
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SIs are governed by the Statutory Instruments Act 1946
In the United Kingdom, statutory instruments (SIs) are the principal form of delegated legislation. SIs are governed by the Statutory Instruments Act 1946, which replaced the Rules Publication Act of 1893 in 1948.
The Statutory Instruments Act 1946 defines the rules and regulations surrounding SIs. It outlines the process by which SIs are created, approved, and implemented. The Act establishes that SIs are made by a person or entity exercising powers conferred by an Act of Parliament, rather than by Parliament itself. This means that SIs are a form of subordinate legislation, filling in the details of primary legislation passed by Parliament.
The Act also sets out the role of His Majesty's Stationery Office in assigning numbers to SIs, which provides a means of citing the instrument. These numbers are sequential within the year of making, ensuring easy identification and reference.
Additionally, the Statutory Instruments Act 1946 outlines the parliamentary controls over SIs. Most SIs are subject to either affirmative or negative resolution procedures. The negative resolution procedure is more common, requiring the SI to be laid before Parliament and allowing for a specified period for review and potential disapproval. The affirmative resolution procedure, on the other hand, requires positive approval by committees in both the House of Lords and Commons before the SI can become law.
The Act also addresses the revocation of SIs, which can be done through another SI, an Order in Council, or an Act of Parliament. It is important to note that SIs are subject to judicial review, and courts can strike them down if they are deemed to be beyond the powers conferred by the parent Act or an unreasonable use of those powers.
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SIs are made by a person exercising power from an Act of Parliament
In the United Kingdom, a statutory instrument (SI) is a form of delegated legislation. SIs are made by a person exercising a power conferred by an Act of Parliament for a specified purpose, rather than by Parliament exercising its sovereign law-making powers. This means that Parliament passes an Act with a framework for a policy idea or law, and the delegated legislation subsequently fills out the precise details of the law.
SIs are the most common form of secondary legislation in the UK, with most delegated legislation being made in this form. They are governed by the Statutory Instruments Act 1946, which replaced the Rules Publication Act 1893. SIs can be laid by either the negative or affirmative resolution procedure. If laid as a negative instrument, it is presented to Parliament, and if no member votes to annul it in 40 days, it passes. If laid as an affirmative instrument, a committee in each of the House of Lords and Commons must debate and approve it before it becomes law.
The use of SIs is necessary to regulate modern British society, as it would be impossible for Parliament to pass all the laws written via delegated legislation in ordinary Parliamentary sessions. However, there have been concerns about the way SIs are used. The government sometimes leaves difficult and controversial matters of policy to SIs so that they can avoid the difficulties of having to pass a law through both houses of Parliament. Additionally, SIs are almost never debated on the floor of the House of Commons, and less than 0.001% have ever been voted down by Parliament.
As SIs are made by a person exercising power from an Act of Parliament, they can be struck down by the courts if they are deemed ultra vires (beyond the powers conferred by the parent Act). This would occur if the government attempts to use delegated legislation for a purpose not envisioned by the parent Act, if the legislation unreasonably uses the power conferred by the Act, or if pre-conditions imposed by the Act have not been satisfied.
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SIs can be annulled by a motion in the House of Commons or Lords
Statutory Instruments (SIs) are the most common form of secondary or delegated legislation in the United Kingdom. They are governed by the Statutory Instruments Act 1946. SIs are used to fill out the details of primary legislation or to make changes to it without needing to pass another Act through Parliament.
SIs can be annulled by a motion in the House of Commons or the House of Lords. Any member of either House can propose a motion to annul an SI, although in the Commons, such a motion would need to be signed by a large number of Members or moved by the official Opposition to be debated. In the Lords, a motion to annul an SI is rarely voted on. If a resolution to annul an SI is passed, it will be revoked by the King through an Order-in-Council. The last time an SI was annulled was on 22 February 2000, when the House of Lords passed a motion to annul the Greater London Authority Elections Rules.
The House of Commons may refer an SI to a Standing Committee for detailed debate if a motion to annul or approve is made. If an SI is laid as an affirmative instrument, a Committee in each of the House of Lords and Commons must debate and approve it before it becomes law. Committees are usually made up of 15 members of Parliament, whereas primary legislation is debated on the floor of the House of Commons.
SIs laid as negative instruments are presented to Parliament, and if no member votes to annul it within 40 days, it becomes law. Negative instruments are examined by the Commons' Select Committee on Statutory Instruments and the House of Lords Committee on the Merits of Statutory Instruments. These committees consider the policy of SIs and can draw attention to them if they meet certain criteria.
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SIs are rarely debated on the floor of the House of Commons
A statutory instrument (SI) is the principal form of delegated or secondary legislation in the United Kingdom. SIs are made by a person exercising a power conferred by an Act of Parliament for a specified purpose, rather than by Parliament exercising its sovereign law-making powers.
The content of SIs is usually prepared by government departments, which means that the government can fill out the details of primary legislation or sometimes even change primary legislation without having to pass another Act through Parliament. This allows the government to regulate modern British society effectively, as it would be impossible for Parliament to pass all the laws written via delegated legislation in ordinary parliamentary sessions. Each year, delegated legislation exceeds primary legislation by between two and five times.
However, SIs are rarely debated on the floor of the House of Commons. Instead, they are usually debated and approved by committees in each of the House of Lords and Commons before becoming law. These committees are generally much smaller than the primary legislative body, with only 15 members of Parliament.
The fact that SIs are rarely fully debated in the House of Commons has raised concerns about the way delegated legislation is used. For example, the government may use SIs to address difficult and controversial matters of policy that it would rather avoid bringing to a vote in both houses of Parliament. In addition, some critics argue that the power to issue SIs enables the government to bypass Parliament, particularly in the context of the European Union (Withdrawal) Bill.
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Frequently asked questions
A statutory instrument (SI) is the principal form in which delegated legislation is made in the United Kingdom. Statutory instruments are governed by the Statutory Instruments Act 1946. They are the most common form of secondary legislation.
Statutory instruments are made by a person exercising a power conferred by an Act of Parliament for a specified purpose. They usually follow an affirmative or negative procedure, or sometimes have no procedure at all. If laid as an affirmative instrument, a Committee in each of the House of Lords and Commons must debate and approve it before it becomes law. If laid as a negative instrument, it is presented to Parliament and if no member votes to annul it in the following 40 days, it passes.
Yes, because statutory instruments are made by a person exercising powers conferred by an Act of Parliament, they can be struck down by the courts if it is concluded that they are ultra vires (beyond the powers conferred by the parent Act).
