Procedure for passing secondary legislation in the UK
Subordinate legislation is a collective term for statutory
rules, regulations, ordinances, by-laws and rules created by
persons or bodies to whom Parliament has delegated some of its
law-making powers.
Purpose
- to ensure that provisions in Acts of Parliament are implemented
effectively and efficiently, and
- to update provisions in Acts of Parliament.
Benefits
Giving powers to persons/bodies to create subordinate
legislation has an important time-saving benefit for Parliament.
Parliament does not have to concern itself with amending primary
legislation, and can concentrate fully on the important principles
and features behind legislation.
Given the technical nature of much primary legislation,
Parliament may be unable to pay adequate thought to such
specialised issues. Other bodies with the authority to create
subordinate legislation can spend more time considering such issues
and consulting experts if necessary.
Subordinate legislation also allows for a flexible legislative
process, allowing for quick amendments and reforms to be carried
out.
Stages to go through
Authority for making the subordinate legislation comes from an
enabling or 'delegating' Act that will set down the requirements
for making the subordinate legislation. Certain persons or bodies,
such as the Scottish Executive, are given law-making powers
allowing them to enact such legislation.
Generally, subordinate legislation is created when signed by the
person authorised to do so by the enabling Act.
There are no specific stages in creating subordinate
legislation, however there are two procedures for it coming into
effect:
'Negative resolution' – the subordinate
legislation has immediate effect, but is brought before Parliament
and may be annulled if a resolution against it is passed within 40
days
'Affirmative Resolution' – the subordinate
legislation must be affirmed by resolutions in each House of
Parliament before it may come into effect.
Types
Various different types of subordinate legislation exist.
Statutory Instruments are the most common type
of subordinate legislation. This term refers to most of the
subordinate legislation enacted by the Government since the
Statutory Instruments Act 1946. The common types of statutory
instruments are Orders in Council, Regulations, Rules and
Orders.
Scottish Statutory Instruments are those which
have been in existence since 1999 under authority from Acts of the
Scottish Parliament. Similarly the main types of Scottish Statutory
Instruments are Orders, Regulations and Rules, as well as 'Acts of
Sederunt' and 'Acts of Adjournal' (rules of court within Statutory
Instruments.)
Statutory Rules of Northern Ireland also
includes Orders, Regulations and Rules. They can be enacted under
authority from the Acts of the Northern Ireland Assembly, Acts of
the UK Parliament or Orders in Council.
Church Instruments also sometimes referred to
as 'Archbishops Instruments,' bring Church Measures into force that
are created by the Archbishops of Canterbury and York.
By-laws include legislation which has been
delegated to public bodies such as local authorities, operators of
transport systems or public utilities.
