Act of Parliament | |
Long title | An Act to repeal the Rules Publication Act, 1893, and to make further provision as to the instruments by which statutory powers to make orders, rules, regulations and other subordinate legislation are exercised |
---|---|
Citation | 9 & 10 Geo. 6. c. 36 |
Territorial extent | United Kingdom |
Dates | |
Royal assent | 26 March 1946 |
Commencement | 1 January 1948 |
Other legislation | |
Repeals/revokes | Rules Publication Act 1893 |
Amended by | House of Commons Members' Fund Act 2016 |
Status: Amended | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Statutory Instruments Act 1946 (9 & 10 Geo. 6. c. 36) is an Act of the United Kingdom Parliament which governs the making of statutory instruments. [1]
Until 2011 the act also governed Scottish statutory instruments made under acts of the Scottish Parliament. [2] Until 2019, the act also governed Welsh statutory instruments made under acts of Senedd Cymru, acts of the National Assmebly for Wales, and measures of the National Assembly for Wales. [3]
The Statutory Rules (Northern Ireland) Order 1979 provides a similar function for Acts of the Parliament of Northern Ireland and Act of the Northern Ireland Assembly.
The act defines statutory instruments as "orders, rules, regulations or other subordinate legislation" if the power is expressed through the royal prerogative through an Order in Council or in the case of a power conferred on a Minister of the Crown, a statutory instrument. [1] The circularity of the definition means that any subordinate legislation exercisable by a minister is a statutory instrument and any subordinate instrument is subordinate legislation. Since the use of ministerial orders in 1992 and 2013 this definition is no longer completely true.
The Secondary Legislation Scrutiny Committee, in the House of Lords, and the Select Committee on Statutory Instruments in the House of Commons, are committees set up to consider statutory instruments tabled by ministers. [4] [5]
Statutory instruments are required to be laid before Parliament. [1]
Statutory instruments may be revoked by statutory instrument (including an Order in Council), or by another act of Parliament. [1]
Statutory instruments are published by the King's printer. [1] In the modern era, this means that they are available on legislation.gov.uk. [6]
The legislatures of the United Kingdom are derived from a number of different sources. The Parliament of the United Kingdom is the supreme legislative body for the United Kingdom and the British overseas territories with Scotland, Wales and Northern Ireland each having their own devolved legislatures. Each of the three major jurisdictions of the United Kingdom has its own laws and legal system.
The United Kingdom has three distinctly different legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English law, Scots law, Northern Ireland law, and, since 2007, calls for a fourth type, that of purely Welsh law as a result of Welsh devolution, with further calls for a Welsh justice system.
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (King-in-Council), but in other countries the terminology may vary. Orders-in-Council are distinct from Orders of Council, which are made in the name of the Council without sovereign approval.
A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.
The Senedd, officially known as the Welsh Parliament in English and Senedd Cymru in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees to certain taxes, and scrutinises the Welsh Government. It is a bilingual institution, with both Welsh and English being the official languages of its business. From its creation in May 1999 until May 2020, the Senedd was officially known as the National Assembly for Wales and was often simply called the Welsh Assembly.
A legislative consent motion is a motion passed by either the Scottish Parliament, Senedd, or Northern Ireland Assembly, in which it consents that the Parliament of the United Kingdom may pass legislation on a devolved issue over which the devolved government has regular legislative authority.
The Welsh Government is the executive arm of the devolved government of Wales. The government consists of cabinet secretaries and ministers. It is led by the first minister, usually the leader of the largest party in the Senedd, who selects ministers with the approval of the Senedd. The government is responsible for tabling policy in devolved areas for consideration by the Senedd and implementing policy that has been approved by it.
Delegated legislation or secondary legislation in the United Kingdom is law that is not enacted by a legislative assembly such as the UK Parliament, but made by a government minister, a delegated person or an authorised body under powers given to them by an Act of Parliament.
Politics in Wales forms a distinctive polity in the wider politics of the United Kingdom, with Wales as one of the four constituent countries of the United Kingdom (UK).
Citation of United Kingdom legislation includes the systems used for legislation passed by devolved parliaments and assemblies, for secondary legislation, and for prerogative instruments. It is relatively complex both due to the different sources of legislation in the United Kingdom, and because of the different histories of the constituent countries of the United Kingdom.
legislation.gov.uk, formerly known as the UK Statute Law Database, is the official Web-accessible database of the statute law of the United Kingdom, hosted by The National Archives. Established in the early 2000s, it contains all primary legislation in force since 1267 and all secondary legislation since 1823; it does not include legislation which was fully repealed prior to 1991. The contents have been revised to reflect legislative changes up to 2002, with material that has been amended since 2002 fully updated and searchable.
Welsh law is an autonomous part of the English law system composed of legislation made by the Senedd. Wales is part of the legal jurisdiction of England and Wales, one of the three legal jurisdictions of the United Kingdom. However, due to devolution, the law in Wales is increasingly distinct from the law in England, since the Senedd, the devolved parliament of Wales, can legislate on non-reserved matters.
In many countries, a statutory instrument is a form of delegated legislation.
An Act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.
An Act of Senedd Cymru, or informally an Act of the Senedd, is primary legislation that can be made by the Senedd under part 4 of the Government of Wales Act 2006. Prior to 6 May 2020 any legislation was formally known as an Act of the National Assembly for Wales or informally, an Act of the Assembly.
Federalism in the United Kingdom aims at constitutional reform to achieve a federal UK or a British federation, where there is a division of legislative powers between two or more levels of government, so that sovereignty is decentralised between a federal government and autonomous governments in a federal system.
The Welsh Tax Acts etc. Act 2022 is an Act of Senedd Cymru which allows Welsh ministers to amend tax law using regulatory powers. The Tax Acts in question are the Tax Collection and Management (Wales) Act 2016, the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017, and the Landfill Disposals Tax (Wales) Act 2017.
The Legislation (Wales) Act 2019 is an Act of the National Assembly for Wales that was given royal assent on 29 April 2015; it came into force in April 2016. It set out four accessibility goals: a) readily available to members of the public in Welsh and English; b) published in an up-to-date form in both languages ; c) clearly and logically organised ; d) easy to understand and certain in its effect.
A Welsh statutory instrument is subordinate legislation made by the Welsh Ministers, as well as subordinate legislation made by public bodies using powers provided to be exercisable by Welsh statutory instrument. WSIs are the main form of subordinate legislation in Wales, being used by default to exercise powers delegated to the Scottish Ministers, the Counsel General, and the King-in-Council.
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