Statutory Instrument
Encyclopedia
A Statutory Instrument (SI) is the principal form in which delegated
or secondary legislation is made in Great Britain
.
Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders
, made under the Rules Publication Act 1893, in 1948.
Most delegated legislation in Great Britain is made in the form of a Statutory Instrument. (In Northern Ireland
, delegated legislation is organised into Statutory Rules
, rather than Statutory Instruments.) The advent of devolution
in 1999 resulted in many powers to make Statutory Instruments being transferred to the Scottish and Welsh governments, and oversight to the Scottish Parliament
and National Assembly for Wales
. Instruments made by the Scottish Government are now classed separately as Scottish Statutory Instrument
s.
passed after 1947 confers a power to make, confirm or approve delegated legislation on:
Minister of the Crown includes the Welsh Ministers and various Acts provide that delegated legislation, although made by another person (for example, the General Dental Council
), is also to be made by Statutory Instrument.
A Statutory Instrument is also be used when the Queen in Council or a Minister exercises a power under an Act passed before 1947 which is legislative, rather than executive
, in character.
Use of a Statutory Instrument is not required where the parent Act does not specify it. This may be the case where delegated legislation is of only limited application and therefore not of general importance. Instead, other provisions may be made for publishing the legislation. So, for example, an Order providing for the transfer of contracts from one National Health Service
body to another may only be notified to the affected bodies, and by-laws made by a local council may be publicised through an announcement in local newspapers.
Numbers are assigned by Her Majesty's Stationery Office and are sequential within the year of making. The number provides a means of citing the Statutory Instrument in addition to the title given by the Instrument itself. So, for example, The Income Tax (Exemption of Minor Benefits) (Amendment) Regulations 2003 are numbered and may be cited as SI 2003 No. 1434 or SI 2003/1434.
In addition to the main numbering system, there are a number of subsidiary numbering systems which may indicate an Instrument's position within a particular series of Instruments (in the following list n indicates the number):
Statutory Instruments will be classified by subject heading in the annual edition printed by Her Majesty's Stationery Office.
Printed copies of a Statutory Instrument will generally be on sale within a week of the date it is made.
There is a constitutional convention
that the House of Lords
does not vote against delegated legislation. It should be noted that Parliament's control is limited to approving, or rejecting, the Instrument as laid before it: it cannot (except in very rare cases) amend or change it.
A motion to annul a Statutory Instrument is known as a 'prayer' and uses the following wording:
Any member of either House can put down a motion that an Instrument should be annulled, although in the Commons unless the motion is signed by a large number of Members, or is moved by the official Opposition, it is unlikely to be debated, and in the Lords they are seldom actually voted upon.
If a resolution to annul an Instrument is passed, it will be revoked by the Queen through an Order-in-Council. Between the date of the resolution to annul and the date when the Order-in-Council is made, the Instrument remains law but ineffective. Anything done under the Instrument whilst it was in force remains valid, and the Government is free to make a new Statutory Instrument.
The last occasion on which a Statutory Instrument was annulled was when, on 22 February 2000, the House of Lords passed a motion to annul the Greater London Authority Elections Rules 2000 (SI 2000/208). The last time the House of Commons annulled a Statutory Instrument was in 1979 when it rejected the Paraffin (Maximum Retail Prices) (Revocation) Order 1979 (SI 1979/797).
The parent Act may require that the proposed Statutory Instrument is approved by both Houses of Parliament (or, in the case of an Instrument which relates to financial matters, by the House of Commons only) either:
Once the Instrument is laid before Parliament, the Government will move a motion in each House that the Instrument is approved.
The last time a draft Statutory Instrument subject to affirmative procedure was not approved by the House of Commons was on 12 November 1969 when the House rejected four draft Orders relating to parliamentary constituencies.
enables the Government to make an Order to change Acts of Parliament so as to remove burdens on business or others, so long as it can be done without removing ‘necessary protections’. Because of the extensive powers given to the Government to amend primary legislation, a special, extra-rigorous, form of affirmative procedure has been introduced.
Firstly, the Government must produce a draft proposal and consult interested organisations. It must then lay the proposal and the results of the consultation, along with a detailed explanation, before Parliament for 60 days. Select Committees of both Houses then debate the proposal and examine it against criteria including maintenance of "necessary protection" for those who may be affected, the adequacy of public consultation, the extent of the burden to be lifted, financial implications and compliance with European law. The Committees then report their findings to the House. The Government has to take those findings into account when deciding whether to proceed with the proposal. If it does, it then lays a draft Order before Parliament along with an explanation of any changes made, which is again considered by the Committees before finally being put to a vote of each House for approval.
Examples of the use of Regulatory Reform Orders have included The Regulatory Reform (Sunday Trading) Order 2004 (SI 2004/470) which repealed section 26 of the Revenue Act 1889 (and so re-legalised the selling of methylated spirits on a Saturday night or a Sunday), and The Regulatory Reform (Trading Stamps) Order 2005 (SI 2005/871) which repealed the entirety of the Trading Stamps Act 1964.
The 2001 Act was repealed and replaced by the Legislative and Regulatory Reform Act 2006, which created significantly wider powers and has been the subject of considerable concern.
created a procedure under which, if the courts find that an Act of Parliament contravenes the European Convention on Human Rights
, the Government can make a Remedial Order to correct the Act in question.
Before making a Remedial Order, the Government must lay a proposal before Parliament for 60 days, during which time it will be considered and reported upon by the Joint Committee of both Houses on Human Rights. After the 60 days have passed, the Government may then lay a draft Order before Parliament, following which there is another 60 day period in which the Joint Committee will make a recommendation to both Houses whether the Order should be approved.
An emergency procedure allows for Remedial Orders to be made immediately and debated afterwards; they must be approved within 120 days or will cease to have effect.
by the Statute of Proclamations 1539. The Delegated Powers and Regulatory Reform Select Committee
of the House of Lords
issued a report concerning the use and drafting of such clauses, an issue its chairman remarked "goes right to the heart of the key constitutional question of the limits of executive power". Such clauses have often proved highly controversial – for instance, that in the Nationality, Immigration and Asylum Act 2002
which prompted the aforementioned report, and the Legislative and Regulatory Reform Act 2006.
The Joint Committee on Statutory Instruments
(a Committee of both Houses of Parliament) checks that an Instrument is being made in accordance with the powers granted to the Minister making it. It does not consider the policy of Instruments, but is concerned only with technical matters. The Joint Committee may draw the attention of both Houses to an Instrument if it:
Where an Instrument is required to be laid before the House of Commons only, then the Commons' Select Committee on Statutory Instruments
undertakes a similar examination.
The House of Lords Committee on the Merits of Statutory Instruments considers the policy of Statutory Instruments and would draw the attention of the House of Lords to a Statutory Instrument if it:
In addition, the House of Commons may refer a Statutory Instrument to a Standing Committee
for detailed debate on the merits of the legislation if a motion to annul (in the case of an Instrument subject to negative resolution) or approve (in the case of an Instrument subject to affirmative resolution) is made. The Committee will report its conclusions to the House which will then vote on the motion to annul or approve (as the case may be).
Many Statutory Instruments (indeed, the largest group after those subject to the negative resolution procedure) are not required to be laid before Parliament at all, and are therefore not subject to any Parliamentary control.
(literally, outside the powers conferred by the parent Act). This would be the case if the Government attempts to use delegated legislation for a purpose not envision by the parent Act, or if the legislation is an unreasonable use of the power conferred by the Act, or if pre-conditions imposed by the Act (for example, consultation with certain organisations) have not been satisfied.
Delegated legislation
In the United Kingdom, delegated legislation is legislation or law that is passed otherwise than in an Act of Parliament . Instead, an enabling Act confers a power to make delegated legislation on a Government Minister or another person or body...
or secondary legislation is made in Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
.
Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders
Statutory Rules and Orders
Statutory Rules and Orders were the means by which delegated legislation used to be made in the United Kingdom.Statutory Rules and Orders began with the Rules Publication Act 1893...
, made under the Rules Publication Act 1893, in 1948.
Most delegated legislation in Great Britain is made in the form of a Statutory Instrument. (In Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, delegated legislation is organised into Statutory Rules
Statutory Rules of Northern Ireland
The Statutory Rules of Northern Ireland are the principal form in which delegated legislation is made in Northern Ireland.Statutory Rules are made under the Statutory Rules Order 1979...
, rather than Statutory Instruments.) The advent of devolution
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
in 1999 resulted in many powers to make Statutory Instruments being transferred to the Scottish and Welsh governments, and oversight to the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
and National Assembly for Wales
National Assembly for Wales
The National Assembly for Wales is a devolved assembly with power to make legislation in Wales. The Assembly comprises 60 members, who are known as Assembly Members, or AMs...
. Instruments made by the Scottish Government are now classed separately as Scottish Statutory Instrument
Scottish Statutory Instrument
A Scottish Statutory Instrument is a form of secondary legislation in Scotland which is made under Scots law by Scottish Ministers and other Scottish authorities such as the Court of Session, through Acts of Sederunt, or the High Court of Justiciary, through Acts of Adjournal...
s.
Requirement to use a Statutory Instrument
A Statutory Instrument is used when an Act of ParliamentAct of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
passed after 1947 confers a power to make, confirm or approve delegated legislation on:
- the Queen and states that it is to be exercisable by Order in Council; or
- a MinisterMinister (government)A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
of the Crown and states that it is to be exercisable by Statutory Instrument.
Minister of the Crown includes the Welsh Ministers and various Acts provide that delegated legislation, although made by another person (for example, the General Dental Council
General Dental Council
The General Dental Council is a United Kingdom organisation which regulates all dental professionals in the country. Established in 1956 by an amendment to the Dentists Act 1948, now updated in the Dentists Act 1984, it keeps an up-to-date register of all qualified dentists and other dental care...
), is also to be made by Statutory Instrument.
A Statutory Instrument is also be used when the Queen in Council or a Minister exercises a power under an Act passed before 1947 which is legislative, rather than executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, in character.
Use of a Statutory Instrument is not required where the parent Act does not specify it. This may be the case where delegated legislation is of only limited application and therefore not of general importance. Instead, other provisions may be made for publishing the legislation. So, for example, an Order providing for the transfer of contracts from one National Health Service
National Health Service
The National Health Service is the shared name of three of the four publicly funded healthcare systems in the United Kingdom. They provide a comprehensive range of health services, the vast majority of which are free at the point of use to residents of the United Kingdom...
body to another may only be notified to the affected bodies, and by-laws made by a local council may be publicised through an announcement in local newspapers.
Features of Statutory Instruments
The main effect of delegated legislation being made by Statutory Instrument is that as soon as it is made it is numbered, catalogued, printed, made available for sale and published on the internet. This ensures that the public has easy access to the new laws.Numbers are assigned by Her Majesty's Stationery Office and are sequential within the year of making. The number provides a means of citing the Statutory Instrument in addition to the title given by the Instrument itself. So, for example, The Income Tax (Exemption of Minor Benefits) (Amendment) Regulations 2003 are numbered and may be cited as SI 2003 No. 1434 or SI 2003/1434.
In addition to the main numbering system, there are a number of subsidiary numbering systems which may indicate an Instrument's position within a particular series of Instruments (in the following list n indicates the number):
- (C n): Commencement and/or Appointed Day orders which bring into force an Act or part of an Act.
- (L n): legal series: relating to fees or procedures in courts in England and Wales.
- (S n): Scottish series: Instruments made by the United Kingdom Government which apply to Scotland only (these are different from Scottish Statutory InstrumentScottish Statutory InstrumentA Scottish Statutory Instrument is a form of secondary legislation in Scotland which is made under Scots law by Scottish Ministers and other Scottish authorities such as the Court of Session, through Acts of Sederunt, or the High Court of Justiciary, through Acts of Adjournal...
s made by the Scottish Government under its devolved powers). - (NI n): Northern Ireland series: Orders in Council made by the United Kingdom Government under its ‘direct rule’ powers (delegated legislation made by Northern Ireland Departments are made by Statutory Rule).
- (W n): National Assembly for Wales series: Statutory Instruments made by the National Assembly for WalesNational Assembly for WalesThe National Assembly for Wales is a devolved assembly with power to make legislation in Wales. The Assembly comprises 60 members, who are known as Assembly Members, or AMs...
and applying to WalesWalesWales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
only. Welsh languageWelsh languageWelsh is a member of the Brythonic branch of the Celtic languages spoken natively in Wales, by some along the Welsh border in England, and in Y Wladfa...
version are numbered (Cy n).
Statutory Instruments will be classified by subject heading in the annual edition printed by Her Majesty's Stationery Office.
Printed copies of a Statutory Instrument will generally be on sale within a week of the date it is made.
Parliamentary control over Statutory Instruments
Most Statutory Instruments (SIs) are subject to one of two forms of control by Parliament, depending on what is specified in the parent Act.There is a constitutional convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...
that the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
does not vote against delegated legislation. It should be noted that Parliament's control is limited to approving, or rejecting, the Instrument as laid before it: it cannot (except in very rare cases) amend or change it.
Negative resolution procedure
The more common form of control is the ‘negative resolution procedure’. This requires that either:- the Instrument is laid before Parliament in draft, and can be made once 40 days (excluding any time during which Parliament is dissolvedDissolution of parliamentIn parliamentary systems, a dissolution of parliament is the dispersal of a legislature at the call of an election.Usually there is a maximum length of a legislature, and a dissolution must happen before the maximum time...
or prorogued, or during which both Houses are adjourned for more than four days) have passed unless either House passes a resolution disapproving it, or - the Instrument is laid before Parliament after it is made (but before it comes into force), but will be revoked if either House passes a resolution annulling it within 40 days.
A motion to annul a Statutory Instrument is known as a 'prayer' and uses the following wording:
- That an humble address be presented to Her Majesty praying that the [name of Statutory Instrument] be annulled.
Any member of either House can put down a motion that an Instrument should be annulled, although in the Commons unless the motion is signed by a large number of Members, or is moved by the official Opposition, it is unlikely to be debated, and in the Lords they are seldom actually voted upon.
If a resolution to annul an Instrument is passed, it will be revoked by the Queen through an Order-in-Council. Between the date of the resolution to annul and the date when the Order-in-Council is made, the Instrument remains law but ineffective. Anything done under the Instrument whilst it was in force remains valid, and the Government is free to make a new Statutory Instrument.
The last occasion on which a Statutory Instrument was annulled was when, on 22 February 2000, the House of Lords passed a motion to annul the Greater London Authority Elections Rules 2000 (SI 2000/208). The last time the House of Commons annulled a Statutory Instrument was in 1979 when it rejected the Paraffin (Maximum Retail Prices) (Revocation) Order 1979 (SI 1979/797).
Affirmative resolution procedure
Statutory Instruments which are subject to affirmative resolution are less common, making up about 10% of the total. This is the more stringent form of parliamentary control as it requires positive approval, rather than the absence of a decision to annul. Accordingly, it is used where the delegated legislation may be more controversial.The parent Act may require that the proposed Statutory Instrument is approved by both Houses of Parliament (or, in the case of an Instrument which relates to financial matters, by the House of Commons only) either:
- before it is made (i.e. in draft form),
- after it is made, but before it can come into force, or
- after it is made and has come into force, but it cannot remain in force for longer than a specified period (usually 28 days, excluding periods when Parliament is dissolved, prorogued or adjourned for more than four days) unless approved within that period.
Once the Instrument is laid before Parliament, the Government will move a motion in each House that the Instrument is approved.
The last time a draft Statutory Instrument subject to affirmative procedure was not approved by the House of Commons was on 12 November 1969 when the House rejected four draft Orders relating to parliamentary constituencies.
Regulatory Reform Orders
The Regulatory Reform Act 2001Regulatory Reform Act 2001
The Regulatory Reform Act 2001 is an Act of the Parliament of the United Kingdom. It replaced the Deregulation and Contracting Out Act 1994...
enables the Government to make an Order to change Acts of Parliament so as to remove burdens on business or others, so long as it can be done without removing ‘necessary protections’. Because of the extensive powers given to the Government to amend primary legislation, a special, extra-rigorous, form of affirmative procedure has been introduced.
Firstly, the Government must produce a draft proposal and consult interested organisations. It must then lay the proposal and the results of the consultation, along with a detailed explanation, before Parliament for 60 days. Select Committees of both Houses then debate the proposal and examine it against criteria including maintenance of "necessary protection" for those who may be affected, the adequacy of public consultation, the extent of the burden to be lifted, financial implications and compliance with European law. The Committees then report their findings to the House. The Government has to take those findings into account when deciding whether to proceed with the proposal. If it does, it then lays a draft Order before Parliament along with an explanation of any changes made, which is again considered by the Committees before finally being put to a vote of each House for approval.
Examples of the use of Regulatory Reform Orders have included The Regulatory Reform (Sunday Trading) Order 2004 (SI 2004/470) which repealed section 26 of the Revenue Act 1889 (and so re-legalised the selling of methylated spirits on a Saturday night or a Sunday), and The Regulatory Reform (Trading Stamps) Order 2005 (SI 2005/871) which repealed the entirety of the Trading Stamps Act 1964.
The 2001 Act was repealed and replaced by the Legislative and Regulatory Reform Act 2006, which created significantly wider powers and has been the subject of considerable concern.
Remedial Orders under the Human Rights Act 1998
The Human Rights Act 1998Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
created a procedure under which, if the courts find that an Act of Parliament contravenes the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, the Government can make a Remedial Order to correct the Act in question.
Before making a Remedial Order, the Government must lay a proposal before Parliament for 60 days, during which time it will be considered and reported upon by the Joint Committee of both Houses on Human Rights. After the 60 days have passed, the Government may then lay a draft Order before Parliament, following which there is another 60 day period in which the Joint Committee will make a recommendation to both Houses whether the Order should be approved.
An emergency procedure allows for Remedial Orders to be made immediately and debated afterwards; they must be approved within 120 days or will cease to have effect.
Henry VIII clauses
Some statutory instruments are made under provisions of Acts which allow the instrument to change the parent Act itself, or to change other primary legislation. These provisions, allowing primary legislation to be amended by secondary legislation, are known as Henry VIII clauses, because an early example of such a power was conferred on King Henry VIIIHenry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
by the Statute of Proclamations 1539. The Delegated Powers and Regulatory Reform Select Committee
Delegated Powers and Regulatory Reform Select Committee
The Delegated Powers and Regulatory Reform Committee is a committee of UK parliamentarians. Members are drawn from the House of Lords. The committee has several primary functions.-Orders:...
of the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
issued a report concerning the use and drafting of such clauses, an issue its chairman remarked "goes right to the heart of the key constitutional question of the limits of executive power". Such clauses have often proved highly controversial – for instance, that in the Nationality, Immigration and Asylum Act 2002
Nationality, Immigration and Asylum Act 2002
The Nationality, Immigration and Asylum Act 2002 is an Act of the Parliament of the United Kingdom. It received Royal Assent on 7 November 2002....
which prompted the aforementioned report, and the Legislative and Regulatory Reform Act 2006.
Supervision by Parliamentary Committees
There are three Committees which have a general supervisory role in relation to Statutory Instruments.The Joint Committee on Statutory Instruments
Joint Committee on Statutory Instruments
The Joint Committee on Statutory Instruments is a select committee of both the House of Commons and House of Lords in the Parliament of the United Kingdom. The remit of the committee is to scrutinise all statutory instruments made in exercise of powers granted by Act of Parliament...
(a Committee of both Houses of Parliament) checks that an Instrument is being made in accordance with the powers granted to the Minister making it. It does not consider the policy of Instruments, but is concerned only with technical matters. The Joint Committee may draw the attention of both Houses to an Instrument if it:
- imposes a cost on the public finances,
- requires payments of fees to a public authority,
- is made under powers which prevent it from being challenged in the courts,
- attempts to have retrospective effect (i.e. to change the law from a date before the date on which it is made) when the parent Act does not explicitly empower it to do so,
- makes an unexpected or unusual use of the powers conferred by the parent Act, or it may be ultra viresUltra viresUltra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
(outside the powers granted by the parent Act, and so unlawful), - requires further explanation,
- has been published or laid before Parliament late, or
- appears to contain mistakes.
Where an Instrument is required to be laid before the House of Commons only, then the Commons' Select Committee on Statutory Instruments
Select Committee on Statutory Instruments
The Select Committee on Statutory Instruments is a select committee of the House of Commons in the Parliament of the United Kingdom. The remit of the committee is to scrutinise statutory instruments made in exercise of powers granted by Act of Parliament where the instrument has been laid before...
undertakes a similar examination.
The House of Lords Committee on the Merits of Statutory Instruments considers the policy of Statutory Instruments and would draw the attention of the House of Lords to a Statutory Instrument if it:
- is politically or legally important,
- is no longer appropriate due to changes in circumstances since the parent Act was passed,
- implements European law inappropriately, or
- fails to achieve its intended purpose.
In addition, the House of Commons may refer a Statutory Instrument to a Standing Committee
Standing Committee (UK)
In the British House of Commons, public bill committees consider Bills – proposed Acts of Parliament. The House of Lords does not have such committees, as Bills are usually considered by the House as a whole....
for detailed debate on the merits of the legislation if a motion to annul (in the case of an Instrument subject to negative resolution) or approve (in the case of an Instrument subject to affirmative resolution) is made. The Committee will report its conclusions to the House which will then vote on the motion to annul or approve (as the case may be).
Instruments not subject to parliamentary control
Most Acts of Parliament stipulate that their provisions shall not come into force until a date to be fixed by one or more Commencement Order made by the Government, thereby giving the authorities time to make necessary preparations. Commencement Orders are laid before Parliament but are not subject to either the affirmative or negative procedure.Many Statutory Instruments (indeed, the largest group after those subject to the negative resolution procedure) are not required to be laid before Parliament at all, and are therefore not subject to any Parliamentary control.
Judicial controls over Statutory Instruments
As with all delegated legislation, because Statutory Instruments 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, they can be struck down by the courts if it is concluded that they are ultra viresUltra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
(literally, outside the powers conferred by the parent Act). This would be the case if the Government attempts to use delegated legislation for a purpose not envision by the parent Act, or if the legislation is an unreasonable use of the power conferred by the Act, or if pre-conditions imposed by the Act (for example, consultation with certain organisations) have not been satisfied.
See also
- List of Statutory Instruments of the United Kingdom template for referencing UK Statutory Instruments
- Scottish Statutory InstrumentScottish Statutory InstrumentA Scottish Statutory Instrument is a form of secondary legislation in Scotland which is made under Scots law by Scottish Ministers and other Scottish authorities such as the Court of Session, through Acts of Sederunt, or the High Court of Justiciary, through Acts of Adjournal...
- Halsbury's Statutory InstrumentsHalsbury's Statutory InstrumentsHalsbury’s Statutory Instruments is the standard work of authority on delegated legislation in England and Wales. It is one of the major legal works published by LexisNexis Butterworths...
External links
- All United Kingdom Acts of Parliament from 1988 onwards and Statutory Instruments from 1987 onwards are available free on-line under Crown copyrightCrown copyrightCrown copyright is a form of copyright claim used by the governments of a number of Commonwealth realms. It provides special copyright rules for the Crown .- Australia :...
terms from the Office of Public Sector Information (HMSO) at http://www.opsi.gov.uk/ - Acts of the Scottish Parliament and Scottish Statutory Instruments are available free on-line under Crown copyright terms from HMSO at http://www.scotland-legislation.hmso.gov.uk