Legislation in the United Kingdom is law made by, or under authority given by, Parliament and other competent law-making bodies. The main form is an Act of Parliament. Legislation also includes delegated legislation, devolved legislation, local legislation, and retained or assimilated legal material depending on the context.
The United Kingdom does not have a single codified constitution. Statutes sit alongside common law, constitutional conventions, prerogative powers, retained international obligations, and the devolution settlements.
Primary Legislation
Primary legislation is made directly by a legislature. In the UK context this includes:
- Acts of the UK Parliament.
- Acts of the Scottish Parliament.
- Acts or Measures of Senedd Cymru.
- Acts of the Northern Ireland Assembly.
Acts of the UK Parliament can legislate for the whole UK or for particular parts of it. Devolved legislatures legislate within devolved competence.
Bills and Acts
A Bill is a proposed law. It becomes an Act only after it has passed the required parliamentary stages and received Royal Assent.
Most public Bills pass through these stages in each House:
- First reading.
- Second reading.
- Committee stage.
- Report stage.
- Third reading.
- Consideration by the other House.
- Consideration of amendments.
- Royal Assent.
The detail can vary by Bill type and parliamentary procedure.
Secondary Legislation
Secondary legislation, also called delegated or subordinate legislation, is made under powers granted by primary legislation. It is commonly used for technical detail, commencement dates, regulations, fees, procedural rules, and updating schemes created by Acts.
Common forms include statutory instruments, orders, regulations, and rules. The enabling Act controls what secondary legislation can do.
Parliamentary Scrutiny
Secondary legislation is usually subject to a parliamentary procedure. The most common procedures are negative resolution and affirmative resolution.
Under negative procedure, an instrument can become law unless it is annulled. Under affirmative procedure, active parliamentary approval is required before, or sometimes after, the instrument can take effect.
Devolution
The UK has devolved legislatures and governments in Scotland, Wales, and Northern Ireland. Devolution affects which body can legislate on a subject.
For example, some matters such as defence and immigration are reserved to the UK Parliament, while other areas such as health, education, housing, and transport may be devolved to varying degrees.
Commencement and Extent
An Act can receive Royal Assent before all of its provisions come into force. Commencement provisions or later commencement regulations may bring sections into force on different dates.
Extent is also important. A section may extend to England and Wales, Scotland, Northern Ireland, or any combination of them. A provision can exist in an Act but not apply in every part of the UK.
Practical Examples
Public Bill
A government introduces a Bill to create a new criminal offence. It passes through both Houses, receives Royal Assent, and becomes an Act. The offence may still need commencement regulations before it is in force.
Statutory Instrument
An Act gives a minister power to make regulations setting fees or procedures. The minister makes a statutory instrument under that power, subject to the parliamentary procedure specified in the Act.
Devolved Law
The Scottish Parliament passes an Act about a devolved matter. It applies within the competence and territorial scope of that legislature, not automatically across the whole UK.
See Also
References
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