Difference between revisions of "Revising Legislation/Introduction to UK Legislation"
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| − | This | + | This section will give you a good overview of the different types of UK legislation, including which types of legislation are carried on legislation.gov.uk and whether or not they are revised. |
| − | + | ||
| − | + | <!--European legislation is not carried on legislation.gov.uk - you'll find it on the EU law portal [http://eur-lex.europa.eu/homepage.html EUR-Lex].--> | |
| − | + | ||
| − | + | ==Division into Primary and Secondary Legislation== | |
| + | There are two main categories of legislation in the UK: | ||
*Primary legislation | *Primary legislation | ||
| − | *Secondary legislation<br><strong>‘Primary legislation’</strong> is the general term used to describe the main laws passed by the legislative bodies of the UK. The | + | *Secondary legislation |
| − | *Acts of the UK Parliament | + | <br><strong>‘Primary legislation’</strong> is the general term used to describe the main laws passed by the legislative bodies of the UK. The main types of primary legislation are:<br> |
| − | *Acts of the pre-UK Parliaments | + | *Acts of the UK Parliament. |
| − | *Acts of the Scottish Parliament | + | *Acts of the pre-UK Parliaments. |
| − | *Measures of the National Assembly for Wales | + | *Acts of the Scottish Parliament. |
| − | *Acts of the National Assembly for Wales | + | *Measures of the National Assembly for Wales. |
| − | *Acts of the Northern Ireland Assembly (and other primary legislation for Northern Ireland) | + | *Acts of the National Assembly for Wales. |
| − | *Church of England Measures (legislation | + | *Acts of the Northern Ireland Assembly (and other primary legislation for Northern Ireland). |
| − | *Statutory Instruments | + | *Church of England Measures (this is legislation passed by the General Synod of the Church of England).<br> |
| − | *Scottish Statutory Instruments | + | |
| − | *Welsh Statutory Instruments | + | These types of legislation are sometimes referred to as ‘statutes’. The 'statute book' means the whole of the statute law currently in force. |
| − | *Statutory Rules of Northern Ireland | + | |
| − | *Church Instruments | + | The term ‘primary legislation’ also includes legislative instruments made by the Crown and the Privy Council under the royal prerogative (called ‘Prerogative Orders’). |
| − | *Bye-laws<br>For a full list of the types of legislation held on legislation.gov.uk and whether they are revised, see the table | + | |
| + | <br><strong>‘Secondary legislation’</strong> (also called ‘subordinate legislation’) is legislation made by a person or body under authority contained in primary legislation. Powers to make secondary legislation are normally conferred to ministers, on the Crown, or on public bodies. For example, the Office of Communications (OFCOM) is given powers to make secondary legislation by the Communications Act 2003.<br> | ||
| + | |||
| + | The main types of secondary legislation are: | ||
| + | *Statutory Instruments. | ||
| + | *Scottish Statutory Instruments. | ||
| + | *Welsh Statutory Instruments. | ||
| + | *Statutory Rules of Northern Ireland. | ||
| + | *Church Instruments. | ||
| + | *Bye-laws.<br> | ||
| + | |||
| + | For a full list of the types of legislation held on legislation.gov.uk and whether they are revised, see the table below. | ||
| + | |||
===Types of Primary Legislation=== | ===Types of Primary Legislation=== | ||
====Acts of the UK Parliament==== | ====Acts of the UK Parliament==== | ||
| − | Most of the Acts passed by the UK Parliament are ‘Public General Acts’. | + | Most of the Acts passed by the UK Parliament are ‘Public General Acts’. They deal with matters of general public interest. A small number of Acts are ‘Private Acts’. There are two types of Private Acts; ‘Local Acts’ (which deal with matters of local interest) and ‘Personal Acts’ (which deal with particular persons, and are very rare these days). These two classes of Acts are numbered differently to Public General Acts. You can find out more about the UK parliament and the UK legislative process at [http://www.parliament.uk www.parliament.uk]. |
| + | |||
====Acts of the pre-UK Parliaments==== | ====Acts of the pre-UK Parliaments==== | ||
| − | There are still many Acts in force that were enacted by the parliaments of the separate countries that | + | There are still many Acts in force that were enacted by the parliaments of the separate countries that existed in the British Isles before the United Kingdom of Great Britain and Ireland was formed in 1801. These are Acts that were enacted by: |
| − | *the English Parliament (which encompassed Wales) from 1267 to 1706 | + | *the English Parliament (which encompassed Wales) from 1267 to 1706. |
| − | *the Scottish Parliament from 1424 to 1707 | + | *the Scottish Parliament from 1424 to 1707. |
| − | *the Parliament of Great Britain (England, Wales and Scotland) from 1707 to 1800 | + | *the Parliament of Great Britain (England, Wales and Scotland) from 1707 to 1800. |
*the Irish Parliament from 1495 to 1800. | *the Irish Parliament from 1495 to 1800. | ||
| + | |||
| + | <strong>Note:</strong> see more about the citation of pre-1793 Acts on the [[Editorial_Principles#Commencement_and_citation_of_pre-1793_Acts|Editorial Principles]] page. | ||
| + | |||
====Acts of the Scottish Parliament==== | ====Acts of the Scottish Parliament==== | ||
| − | The Scotland Act 1998 devolved power to make legislation to a new Scottish Parliament sitting in Edinburgh. The Scottish Parliament has power to legislate for Scotland on matters | + | The Scotland Act 1998 devolved power to make legislation to a new Scottish Parliament sitting in Edinburgh. The Scottish Parliament has power to legislate for Scotland on matters not specifically reserved to the UK Parliament. There is no separate category for Acts that are local or personal. You can find out more about the Scottish Parliament and the legislative process in Scotland at [http://www.scottish.parliament.uk www.scottish.parliament.uk.] |
| + | |||
====Measures of the National Assembly for Wales==== | ====Measures of the National Assembly for Wales==== | ||
| − | The Government of Wales Act | + | The National Assembly for Wales sits in Cardiff and was established by the Government of Wales Act 1998. The Act gave the Assembly powers to make secondary legislation, in the form of Statutory Instruments. |
| + | |||
| + | The Government of Wales Act 2006 gave the Assembly powers to make primary legislation, initially in the form of ‘Measures’. Measures required the approval of the UK Government or Parliament and were published in both the English and Welsh languages. There is no separate category for local or personal Measures.<br> | ||
| + | |||
====Acts of the National Assembly for Wales==== | ====Acts of the National Assembly for Wales==== | ||
| − | Following a referendum in March 2011, the National Assembly for Wales | + | Following a referendum in March 2011, the National Assembly for Wales gained the power to make Acts (this power was provided for in the Government of Wales Act 2006). Unlike the earlier Measures, Acts of the National Assembly for Wales can be passed without first seeking the approval of the UK Government or Parliament. |
| + | |||
| + | There is no separate category for Acts of the National Assembly for Wales that are local or personal. Acts of the Welsh Assembly are published in both the English and Welsh languages.<br> | ||
| + | |||
| + | ====Acts of Senedd Cymru==== | ||
| + | On 6 May 2020 the National Assembly for Wales was renamed Senedd Cymru or Welsh Parliament. An Act of Senedd Cymru (Welsh: Deddf gan Senedd Cymru), or informally an "Act of the Senedd", is primary legislation that, since that date, can be made by the Senedd under the [https://www.legislation.gov.uk/ukpga/2006/32/part/4 Government of Wales Act 2006 (c.32), Pt. 4] as amended by the Wales Act 2017 (c. 4) and the Senedd and Elections (Wales) Act 2020 (anaw 1). | ||
| + | |||
| + | Acts of the Senedd are published in both the English and Welsh languages. You can find out more about the Senedd and the legislative process in Wales at the [https://senedd.wales/ Welsh Parliament website]. There is no separate category for local or personal Acts of the Senedd. | ||
| + | |||
====Acts of the Northern Ireland Assembly (and other primary legislation for Northern Ireland)==== | ====Acts of the Northern Ireland Assembly (and other primary legislation for Northern Ireland)==== | ||
| − | + | Northern Ireland has a complex history that has lead to a number of changes in the way that primary legislation has been made. You can find out more by going to the [[Revising_Legislation/Introduction_to_Revising_Legislation#tna-Note_on_Northern_Ireland_Legislation|Note on Northern Ireland Legislation]] in the Background to Revised Legislation section.<br> | |
| − | + | ||
| − | *Acts of the Parliament of Northern Ireland (1921 – 1972) | + | The types of primary legislation for Northern Ireland still in existence are:<br> |
| − | *Measures of the Northern Ireland Assembly (1974 only) | + | *Acts of the Parliament of Northern Ireland (1921 – 1972). |
| − | *Acts of the Northern Ireland Assembly (2000 – 2002 and 2007 to date) | + | *Measures of the Northern Ireland Assembly (1974 only). |
| − | *Orders in Council made under the Northern Ireland Acts (1972 to date)<br> | + | *Acts of the Northern Ireland Assembly (2000 – 2002 and 2007 to date). |
| + | *Orders in Council made under the Northern Ireland Acts (1972 to date).<br> | ||
| + | |||
| + | The last category (Orders in Council) are UK statutory instruments (statutory instruments are secondary legislation) but they constitute, in effect, the primary legislation for Northern Ireland during periods of 'direct rule' by the UK government. Orders in Council continue to be used to legislate for Northern Ireland in matters that have not been devolved to the Assembly. There is no separate category in Northern Ireland for primary legislation of a local or personal nature.<br> | ||
| + | |||
| + | You can find out more about the Northern Ireland Assembly and its work at [http://www.niassembly.gov.uk www.niassembly.gov.uk.] | ||
| + | |||
====Church of England Measures==== | ====Church of England Measures==== | ||
| − | + | The Church of England Assembly (Powers) Act 1919 gave the Church Assembly the power to make legislation on matters concerning the Church of England. In 1970, the Assembly was replaced by the General Synod of the Church of England. Measures have the full force of an Act of Parliament.<br> | |
| + | |||
| + | You can find out more about Church of England legislation at [https://www.churchofengland.org/about/leadership-and-governance/general-synod/synodical-legislative-process www.churchofengland.org.] | ||
| + | |||
====Prerogative Orders==== | ====Prerogative Orders==== | ||
| − | The Crown and the Privy Council ( | + | The Crown and the Privy Council (whose members are ministers of the Crown) can legislate by royal prerogative. Prerogative Orders that are made by the King on the advice of the Privy Council are called ‘Orders in Council’. When they are made by the Lords of the Privy Council, without any approval by the King, they are called ‘Orders of Council'. Orders in Council and Orders of Council can also be made under powers in Statutory Instruments rather than under the prerogative (for example, the Orders in Council containing legislation for Northern Ireland). For more information see the [http://privycouncil.independent.gov.uk/privy-council/orders/ Privy Council website.] |
| + | |||
===Types of Secondary Legislation=== | ===Types of Secondary Legislation=== | ||
Secondary legislation (also called ‘subordinate legislation') is made under authority contained in primary legislation. | Secondary legislation (also called ‘subordinate legislation') is made under authority contained in primary legislation. | ||
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*‘Orders’ | *‘Orders’ | ||
*‘Regulations’ | *‘Regulations’ | ||
| − | *‘Rules’<br>However, | + | *‘Rules’<br> |
| + | |||
| + | However, Statutory Instruments can be described in many other ways, for example ‘Scheme’, ‘Direction’ and ‘Declaration’. Different types of instruments serve different functions, but they all have the same legislative force.<br> | ||
| + | |||
| + | Orders in Council made under the Northern Ireland Acts, are included in the same numbering sequence as UK Statutory Instruments, but are distinguished by a subsidiary number in brackets after the S.I. number e.g. “(N.I. 15)”. | ||
| + | |||
| + | There are also UK Statutory Instruments that relate exclusively to Scotland. These are included in the UK numbering sequence and are distinguished by a subsidiary number (e.g. “(S. 27)”). These are not the same as Scottish Statutory Instruments (see below), which have their own numbering sequence, as do Statutory Rules of Northern Ireland.<br> | ||
| + | |||
| + | <!--OLD VERSION - amended October 2025 -Welsh Statutory Instruments, and the Orders in Council made under the Northern Ireland Acts, are included in the same numbering sequence as UK Statutory Instruments, but are distinguished by a subsidiary number in brackets after the S.I. number (e.g. “(W. 22)”, “(N.I. 15)”, etc.). --> | ||
| + | |||
====Scottish Statutory Instruments==== | ====Scottish Statutory Instruments==== | ||
| − | These are instruments made since 1999 under authority contained in Acts of the Scottish Parliament. They have their own ‘SSI’ numbering sequence, separate from the UK (‘SI’) sequence. | + | These are instruments (secondary legislation) made since 1999 under authority contained in Acts of the Scottish Parliament. They have their own ‘SSI’ numbering sequence, separate from the UK (‘SI’) sequence. There are three main types of Scottish Statutory Instrument - ‘Orders’, ‘Regulations’ and ‘Rules’. There are also Scotland rules of court contained in Statutory Instruments and these are called ‘Acts of Sederunt’ and ‘Acts of Adjournal’. |
| + | |||
====Welsh Statutory Instruments==== | ====Welsh Statutory Instruments==== | ||
| − | Welsh Statutory Instruments are Statutory Instruments | + | Welsh Statutory Instruments are Statutory Instruments that relate specifically to Wales. They used to be numbered in the same sequence as UK Statutory Instruments and were distinguished by a subsidiary number in brackets after the S.I. number (e.g. “(W. 22)”). |
| + | |||
| + | From January 2026, Welsh SIs are numbered separately from the UK number series with their own “WSI” numbering sequence (as a result of [https://www.legislation.gov.uk/asc/2025/3/section/3/enacted 2025 asc 3, s. 3], which created a King’s Printer for Wales). | ||
| + | |||
| + | Welsh Statutory Instruments may be made under authority contained in Acts of the UK Parliament, Measures of the National Assembly for Wales or Acts of the National Assembly for Wales. Welsh Statutory Instruments are published in both the English and Welsh languages. | ||
| + | |||
====Statutory Rules of Northern Ireland==== | ====Statutory Rules of Northern Ireland==== | ||
These are the equivalent of Statutory Instruments for Northern Ireland. They may be made under authority contained in Acts of the Northern Ireland Assembly. They may also be made under authority contained in Acts of the UK Parliament or in the Orders in Council containing the primary legislation for Northern Ireland during periods of direct rule by the UK government (and which continue to be used for matters that have not been devolved to the Assembly). They have their own ‘SR’ numbering sequence, separate from the UK (‘SI’) sequence.<br>Despite the name, Statutory Rules occur in the same three main types as Statutory Instruments (‘Orders’, ‘Regulations’ and ‘Rules’). There may also be other descriptions of Statutory Rules. | These are the equivalent of Statutory Instruments for Northern Ireland. They may be made under authority contained in Acts of the Northern Ireland Assembly. They may also be made under authority contained in Acts of the UK Parliament or in the Orders in Council containing the primary legislation for Northern Ireland during periods of direct rule by the UK government (and which continue to be used for matters that have not been devolved to the Assembly). They have their own ‘SR’ numbering sequence, separate from the UK (‘SI’) sequence.<br>Despite the name, Statutory Rules occur in the same three main types as Statutory Instruments (‘Orders’, ‘Regulations’ and ‘Rules’). There may also be other descriptions of Statutory Rules. | ||
| Line 61: | Line 115: | ||
These are instruments made by the Archbishops of Canterbury and York under authority contained in Church Measures. They are sometimes also referred to in annotations to the revised legislation as ‘Archbishops’ Instruments’, and are used almost exclusively for the purpose of bringing Church Measures into force. | These are instruments made by the Archbishops of Canterbury and York under authority contained in Church Measures. They are sometimes also referred to in annotations to the revised legislation as ‘Archbishops’ Instruments’, and are used almost exclusively for the purpose of bringing Church Measures into force. | ||
====Bye-Laws==== | ====Bye-Laws==== | ||
| − | + | There is one other type of secondary legislation: bye-laws. This is legislation delegated to bodies such as local authorities, operators of transport systems or public utilities. The application of bye-laws is usually limited to a particular local area or the operations of a specific public body. | |
| + | |||
==Legislation on legislation.gov.uk== | ==Legislation on legislation.gov.uk== | ||
| − | |||
| − | |||
| − | Legislation Type Held on legislation.gov.uk? Revised? | + | See [https://www.legislation.gov.uk/understanding-legislation#Whatlegislationisheldonlegislationgovuk legislation.gov.uk/understanding-legislation] for details of legislation held on the website. |
| − | Primary Legislation | + | |
| − | Public General Acts of the United Kingdom Parliament (1801 to date) | + | Most types of primary legislation (e.g. Acts, Measures, N.I. Orders in Council) are held in 'revised' form, as well as selected secondary legislation, and legislation originating from the EU. This means that amendments made to legislation by subsequent legislation are incorporated into the text. |
| − | Local Acts of the United Kingdom Parliament (1801 to date) | + | |
| − | Personal Acts of the United Kingdom Parliament (1801 to date) No No | + | A list of types of legislation held in revised form on the website is available [https://www.legislation.gov.uk/understanding-legislation#revisedlegislation here]. |
| − | Acts of the Parliament of Great Britain (1707 – 1800) Yes Yes | + | |
| − | Acts of the English Parliament (1267 – 1706) Yes Yes | + | See [https://www.legislation.gov.uk/eu-legislation-and-uk-law EU Legislation and UK Law] for more information on revised legislation originating from the EU. |
| − | Acts of the Scottish Parliament (1424 – 1707) Yes Yes | + | |
| − | Acts of the Scottish Parliament (1999 to date) Yes Yes | + | <!--For pre-1991 UK legislation, the earliest revised version that you will find on legislation.gov.uk is the revised text as it stood at 1 February 1991. If legislation was wholly repealed before 1 February 1991, there is no revised version on legislation.gov.uk. Some Acts that were still in force at 1 February 1991, but which were superseded by consolidations in 1991 or 1992, are not carried in revised form. |
| − | Measures of the National Assembly for Wales (2008 – 2011) Yes Yes | + | |
| − | Acts of the National Assembly for Wales (2012 to date) Yes Yes | + | Certain categories of Public General Acts enacted before 1 February 1991 are also not carried in revised form (with a few exceptions). These are: |
| − | Acts of the Irish Parliament (1495 – 1800) Yes Yes | + | *Consolidated Fund Acts |
| − | Acts of the Parliament of Northern Ireland (1921 – 1972) Yes Yes | + | *Appropriation Acts |
| − | Measures of the Northern Ireland Assembly (1974) Yes Yes | + | *Expiring Laws Acts |
| − | Orders in Council made under the Northern Ireland Acts (1972 to date) Yes Yes | + | *Statute Law Revision Acts |
| − | Acts of the Northern Ireland Assembly (2000 – 2002 and 2007 to date) Yes Yes | + | *Statute Law (Repeals) Acts |
| − | Church of England Measures (1920 to date) Yes Yes | + | *Acts of a local or personal nature |
| − | Prerogative Orders No No | + | *Acts extending only to territory outside the UK.<br> |
| − | Secondary | + | |
| − | UK Statutory Instruments | + | The revised primary legislation of Northern Ireland is on legislation.gov.uk, but the historical versioning of the Northern Ireland statutes (the version in the timeline) starts from 1 January 2006. Where Northern Ireland legislation was wholly repealed before 1 January 2006 there is no revised version on legislation.gov.uk.<br> |
| − | Scottish Statutory Instruments (1999 to date) Yes No | + | |
| − | Welsh Statutory Instruments (1999 to date) Yes No | + | Pre-1921 UK Acts extending only to Northern Ireland (as at 1 February 1991) are not currently carried in revised form. Pre-1921 Acts extending to Northern Ireland that are held in revised form are not always in the form in which they have effect in Northern Ireland. An ‘Editorial Information’ annotation has been inserted at the Long Title level of relevant Acts to reflect this.<br> |
| − | Statutory Rules of Northern Ireland Yes – from | + | |
| − | Church Instruments Yes – from 1991 No | + | Details of the legislation held, and whether they are revised, are as follows: |
| − | Bye-laws No No | + | |
| + | {| | ||
| + | !Legislation Type | ||
| + | !Held on legislation.gov.uk? | ||
| + | !Revised? | ||
| + | |- | ||
| + | |Primary Legislation | ||
| + | |- | ||
| + | |Public General Acts of the United Kingdom Parliament (1801 to date) | ||
| + | |Yes - Prior to 1988, other than Acts still in force at 1991 and revised, only selected Public General Acts are held, though these are being added to over time. | ||
| + | |Yes | ||
| + | |- | ||
| + | |Local Acts of the United Kingdom Parliament (1801 to date) | ||
| + | |Yes - Prior to 1991, only selected Local Acts are held. A small number of these are also revised. The number of older Local Acts carried will increase over time. | ||
| + | |No - Prior to 1991, only selected Local Acts are held. A small number of these are also revised. The number of older Local Acts carried will increase over time. | ||
| + | |- | ||
| + | |Personal Acts of the United Kingdom Parliament (1801 to date) | ||
| + | |No | ||
| + | |No | ||
| + | |- | ||
| + | |Acts of the Parliament of Great Britain (1707 – 1800) | ||
| + | |Yes | ||
| + | |Yes | ||
| + | |- | ||
| + | |Acts of the English Parliament (1267 – 1706) | ||
| + | |Yes | ||
| + | |Yes | ||
| + | |- | ||
| + | |Acts of the Scottish Parliament (1424 – 1707) | ||
| + | |Yes | ||
| + | |Yes | ||
| + | |- | ||
| + | |Acts of the Scottish Parliament (1999 to date) | ||
| + | |Yes | ||
| + | |Yes | ||
| + | |- | ||
| + | |Measures of the National Assembly for Wales (2008 – 2011) | ||
| + | |Yes | ||
| + | |Yes | ||
| + | |- | ||
| + | |Acts of the National Assembly for Wales (2012 to date) | ||
| + | |Yes | ||
| + | |Yes | ||
| + | |- | ||
| + | |Acts of the Irish Parliament (1495 – 1800) | ||
| + | |Yes | ||
| + | |Yes | ||
| + | |- | ||
| + | |Acts of the Parliament of Northern Ireland (1921 – 1972) | ||
| + | |Yes | ||
| + | |Yes | ||
| + | |- | ||
| + | |Measures of the Northern Ireland Assembly (1974) | ||
| + | |Yes | ||
| + | |Yes | ||
| + | |- | ||
| + | |Orders in Council made under the Northern Ireland Acts (1972 to date) | ||
| + | |Yes | ||
| + | |Yes | ||
| + | |- | ||
| + | |Acts of the Northern Ireland Assembly (2000 – 2002 and 2007 to date) | ||
| + | |Yes | ||
| + | |Yes | ||
| + | |- | ||
| + | |Church of England Measures (1920 to date) | ||
| + | |Yes | ||
| + | |Yes | ||
| + | |- | ||
| + | |Prerogative Orders | ||
| + | |No | ||
| + | |No | ||
| + | |- | ||
| + | |Secondary Legislation | ||
| + | |Prior to 2007 for Scottish Statutory Instruments, and 2008 for UK Statutory Instruments, only secondary legislation that has been printed is held. (Legislation of purely local interest, for example, may not be printed). | ||
| + | |- | ||
| + | |UK Statutory Instruments | ||
| + | |Yes - Prior to 1987, only Statutory Instruments that are still at least partly in force in April 2011 are held. | ||
| + | |No | ||
| + | |- | ||
| + | |Scottish Statutory Instruments (1999 to date) | ||
| + | |Yes | ||
| + | |No | ||
| + | |- | ||
| + | |Welsh Statutory Instruments (1999 to date) | ||
| + | |Yes | ||
| + | |No | ||
| + | |- | ||
| + | |Statutory Rules of Northern Ireland | ||
| + | |Yes – from 1991 Note that, for the period 1991 to 2005, only those Statutory Rules of Northern Ireland that affect UK legislation are held. | ||
| + | |No | ||
| + | |- | ||
| + | |Church Instruments | ||
| + | |Yes – from 1991 | ||
| + | |No | ||
| + | |- | ||
| + | |Bye-laws | ||
| + | |No | ||
| + | |No | ||
| + | |} | ||
| + | --> | ||
| + | |||
| + | ==Useful Resources== | ||
| + | |||
| + | *[https://www.gov.uk/government/publications/guide-to-making-legislation Guide to Making Legislation] | ||
| + | |||
| + | *[https://www.gov.uk/government/publications/drafting-bills-for-parliament Office of the Parliamentary Counsel drafting guidance ]. | ||
| + | |||
| + | *[https://nationalarchivesuk.sharepoint.com/:w:/r/sites/LS_edit/Editorial/Drafting%20Guidance/GLP%20Drafting%20Guidance%20(SI%20Hub)%202022%20v1-2%20final.docx?d=wf8709d8448a040718031700bbd5e43d0&csf=1&web=1&e=8JJ3ak GLP SI Drafting Guidance 2022] | ||
| − | + | *[https://www.gov.scot/publications/drafting-matters/ Scottish drafting guidance] | |
| − | |||
| − | + | *[https://gov.wales/sites/default/files/publications/2019-11/writing-laws-for-wales-guidance-on-drafting-legislation.pdf Welsh drafting guidance] | |
| − | + | *[https://www.gov.uk/guidance/legislative-process-taking-a-bill-through-parliament PBL Bill process guidance] | |
| − | + | *[https://www.parliament.uk/business/bills-and-legislation/ Parliament.uk bills and legislation pages] | |
| − | + | *[https://committees.parliament.uk/committee/148/statutory-instruments-joint-committee/ Joint Committee on Statutory Instruments (JCSI) reports] | |
Latest revision as of 12:38, 3 October 2025
This section will give you a good overview of the different types of UK legislation, including which types of legislation are carried on legislation.gov.uk and whether or not they are revised.
Division into Primary and Secondary Legislation
There are two main categories of legislation in the UK:
- Primary legislation
- Secondary legislation
‘Primary legislation’ is the general term used to describe the main laws passed by the legislative bodies of the UK. The main types of primary legislation are:
- Acts of the UK Parliament.
- Acts of the pre-UK Parliaments.
- Acts of the Scottish Parliament.
- Measures of the National Assembly for Wales.
- Acts of the National Assembly for Wales.
- Acts of the Northern Ireland Assembly (and other primary legislation for Northern Ireland).
- Church of England Measures (this is legislation passed by the General Synod of the Church of England).
These types of legislation are sometimes referred to as ‘statutes’. The 'statute book' means the whole of the statute law currently in force.
The term ‘primary legislation’ also includes legislative instruments made by the Crown and the Privy Council under the royal prerogative (called ‘Prerogative Orders’).
‘Secondary legislation’ (also called ‘subordinate legislation’) is legislation made by a person or body under authority contained in primary legislation. Powers to make secondary legislation are normally conferred to ministers, on the Crown, or on public bodies. For example, the Office of Communications (OFCOM) is given powers to make secondary legislation by the Communications Act 2003.
The main types of secondary legislation are:
- Statutory Instruments.
- Scottish Statutory Instruments.
- Welsh Statutory Instruments.
- Statutory Rules of Northern Ireland.
- Church Instruments.
- Bye-laws.
For a full list of the types of legislation held on legislation.gov.uk and whether they are revised, see the table below.
Types of Primary Legislation
Acts of the UK Parliament
Most of the Acts passed by the UK Parliament are ‘Public General Acts’. They deal with matters of general public interest. A small number of Acts are ‘Private Acts’. There are two types of Private Acts; ‘Local Acts’ (which deal with matters of local interest) and ‘Personal Acts’ (which deal with particular persons, and are very rare these days). These two classes of Acts are numbered differently to Public General Acts. You can find out more about the UK parliament and the UK legislative process at www.parliament.uk.
Acts of the pre-UK Parliaments
There are still many Acts in force that were enacted by the parliaments of the separate countries that existed in the British Isles before the United Kingdom of Great Britain and Ireland was formed in 1801. These are Acts that were enacted by:
- the English Parliament (which encompassed Wales) from 1267 to 1706.
- the Scottish Parliament from 1424 to 1707.
- the Parliament of Great Britain (England, Wales and Scotland) from 1707 to 1800.
- the Irish Parliament from 1495 to 1800.
Note: see more about the citation of pre-1793 Acts on the Editorial Principles page.
Acts of the Scottish Parliament
The Scotland Act 1998 devolved power to make legislation to a new Scottish Parliament sitting in Edinburgh. The Scottish Parliament has power to legislate for Scotland on matters not specifically reserved to the UK Parliament. There is no separate category for Acts that are local or personal. You can find out more about the Scottish Parliament and the legislative process in Scotland at www.scottish.parliament.uk.
Measures of the National Assembly for Wales
The National Assembly for Wales sits in Cardiff and was established by the Government of Wales Act 1998. The Act gave the Assembly powers to make secondary legislation, in the form of Statutory Instruments.
The Government of Wales Act 2006 gave the Assembly powers to make primary legislation, initially in the form of ‘Measures’. Measures required the approval of the UK Government or Parliament and were published in both the English and Welsh languages. There is no separate category for local or personal Measures.
Acts of the National Assembly for Wales
Following a referendum in March 2011, the National Assembly for Wales gained the power to make Acts (this power was provided for in the Government of Wales Act 2006). Unlike the earlier Measures, Acts of the National Assembly for Wales can be passed without first seeking the approval of the UK Government or Parliament.
There is no separate category for Acts of the National Assembly for Wales that are local or personal. Acts of the Welsh Assembly are published in both the English and Welsh languages.
Acts of Senedd Cymru
On 6 May 2020 the National Assembly for Wales was renamed Senedd Cymru or Welsh Parliament. An Act of Senedd Cymru (Welsh: Deddf gan Senedd Cymru), or informally an "Act of the Senedd", is primary legislation that, since that date, can be made by the Senedd under the Government of Wales Act 2006 (c.32), Pt. 4 as amended by the Wales Act 2017 (c. 4) and the Senedd and Elections (Wales) Act 2020 (anaw 1).
Acts of the Senedd are published in both the English and Welsh languages. You can find out more about the Senedd and the legislative process in Wales at the Welsh Parliament website. There is no separate category for local or personal Acts of the Senedd.
Acts of the Northern Ireland Assembly (and other primary legislation for Northern Ireland)
Northern Ireland has a complex history that has lead to a number of changes in the way that primary legislation has been made. You can find out more by going to the Note on Northern Ireland Legislation in the Background to Revised Legislation section.
The types of primary legislation for Northern Ireland still in existence are:
- Acts of the Parliament of Northern Ireland (1921 – 1972).
- Measures of the Northern Ireland Assembly (1974 only).
- Acts of the Northern Ireland Assembly (2000 – 2002 and 2007 to date).
- Orders in Council made under the Northern Ireland Acts (1972 to date).
The last category (Orders in Council) are UK statutory instruments (statutory instruments are secondary legislation) but they constitute, in effect, the primary legislation for Northern Ireland during periods of 'direct rule' by the UK government. Orders in Council continue to be used to legislate for Northern Ireland in matters that have not been devolved to the Assembly. There is no separate category in Northern Ireland for primary legislation of a local or personal nature.
You can find out more about the Northern Ireland Assembly and its work at www.niassembly.gov.uk.
Church of England Measures
The Church of England Assembly (Powers) Act 1919 gave the Church Assembly the power to make legislation on matters concerning the Church of England. In 1970, the Assembly was replaced by the General Synod of the Church of England. Measures have the full force of an Act of Parliament.
You can find out more about Church of England legislation at www.churchofengland.org.
Prerogative Orders
The Crown and the Privy Council (whose members are ministers of the Crown) can legislate by royal prerogative. Prerogative Orders that are made by the King on the advice of the Privy Council are called ‘Orders in Council’. When they are made by the Lords of the Privy Council, without any approval by the King, they are called ‘Orders of Council'. Orders in Council and Orders of Council can also be made under powers in Statutory Instruments rather than under the prerogative (for example, the Orders in Council containing legislation for Northern Ireland). For more information see the Privy Council website.
Types of Secondary Legislation
Secondary legislation (also called ‘subordinate legislation') is made under authority contained in primary legislation.
Statutory Instruments (UK)
These are instruments made under authority contained mainly in Acts of the UK Parliament (but see also ‘Welsh Statutory Instruments’ below). There are three main types of Statutory Instrument:
- ‘Orders’
- ‘Regulations’
- ‘Rules’
However, Statutory Instruments can be described in many other ways, for example ‘Scheme’, ‘Direction’ and ‘Declaration’. Different types of instruments serve different functions, but they all have the same legislative force.
Orders in Council made under the Northern Ireland Acts, are included in the same numbering sequence as UK Statutory Instruments, but are distinguished by a subsidiary number in brackets after the S.I. number e.g. “(N.I. 15)”.
There are also UK Statutory Instruments that relate exclusively to Scotland. These are included in the UK numbering sequence and are distinguished by a subsidiary number (e.g. “(S. 27)”). These are not the same as Scottish Statutory Instruments (see below), which have their own numbering sequence, as do Statutory Rules of Northern Ireland.
Scottish Statutory Instruments
These are instruments (secondary legislation) made since 1999 under authority contained in Acts of the Scottish Parliament. They have their own ‘SSI’ numbering sequence, separate from the UK (‘SI’) sequence. There are three main types of Scottish Statutory Instrument - ‘Orders’, ‘Regulations’ and ‘Rules’. There are also Scotland rules of court contained in Statutory Instruments and these are called ‘Acts of Sederunt’ and ‘Acts of Adjournal’.
Welsh Statutory Instruments
Welsh Statutory Instruments are Statutory Instruments that relate specifically to Wales. They used to be numbered in the same sequence as UK Statutory Instruments and were distinguished by a subsidiary number in brackets after the S.I. number (e.g. “(W. 22)”).
From January 2026, Welsh SIs are numbered separately from the UK number series with their own “WSI” numbering sequence (as a result of 2025 asc 3, s. 3, which created a King’s Printer for Wales).
Welsh Statutory Instruments may be made under authority contained in Acts of the UK Parliament, Measures of the National Assembly for Wales or Acts of the National Assembly for Wales. Welsh Statutory Instruments are published in both the English and Welsh languages.
Statutory Rules of Northern Ireland
These are the equivalent of Statutory Instruments for Northern Ireland. They may be made under authority contained in Acts of the Northern Ireland Assembly. They may also be made under authority contained in Acts of the UK Parliament or in the Orders in Council containing the primary legislation for Northern Ireland during periods of direct rule by the UK government (and which continue to be used for matters that have not been devolved to the Assembly). They have their own ‘SR’ numbering sequence, separate from the UK (‘SI’) sequence.
Despite the name, Statutory Rules occur in the same three main types as Statutory Instruments (‘Orders’, ‘Regulations’ and ‘Rules’). There may also be other descriptions of Statutory Rules.
Church Instruments
These are instruments made by the Archbishops of Canterbury and York under authority contained in Church Measures. They are sometimes also referred to in annotations to the revised legislation as ‘Archbishops’ Instruments’, and are used almost exclusively for the purpose of bringing Church Measures into force.
Bye-Laws
There is one other type of secondary legislation: bye-laws. This is legislation delegated to bodies such as local authorities, operators of transport systems or public utilities. The application of bye-laws is usually limited to a particular local area or the operations of a specific public body.
Legislation on legislation.gov.uk
See legislation.gov.uk/understanding-legislation for details of legislation held on the website.
Most types of primary legislation (e.g. Acts, Measures, N.I. Orders in Council) are held in 'revised' form, as well as selected secondary legislation, and legislation originating from the EU. This means that amendments made to legislation by subsequent legislation are incorporated into the text.
A list of types of legislation held in revised form on the website is available here.
See EU Legislation and UK Law for more information on revised legislation originating from the EU.