Statutory Instruments Act 1946

Statutory Instruments Act 1946
Act of Parliament
Parliament of the United Kingdom
Long titleAn 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
Citation9 & 10 Geo. 6. c. 36
Territorial extent United Kingdom
Dates
Royal assent26 March 1946
Commencement1 January 1948
Other legislation
Repeals/revokesRules Publication Act 1893
Amended byHouse 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Text of statute as originally enacted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.

Definitions

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.

Procedure

Draft statutory instruments

Consideration by committee

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]

Laying before Parliament

Statutory instruments are required to be laid before Parliament.[1]

Revocation

Statutory instruments may be revoked by statutory instrument (including an Order in Council), or by another act of Parliament.[1]

Publication

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]

References

  1. ^ a b c d e "Statutory Instruments Act 1946", legislation.gov.uk, The National Archives, 1946 c. 36
  2. ^ Scottish Parliament. Interpretation and Legislative Reform (Scotland) Act 2010 as amended (see also enacted form), from legislation.gov.uk.
  3. ^ Senedd Cymru – Welsh Parliament. Legislation (Wales) Act 2019 as amended (see also enacted form), from legislation.gov.uk.
  4. ^ Work of the Committee in Session 2023–24 (PDF) (Report). House of Lords. 28 May 2024. Retrieved 17 September 2024.{{cite report}}: CS1 maint: url-status (link)
  5. ^ Twelfth Report of Session 2023–24 (Report). 17 May 2024. Retrieved 17 September 2024.{{cite report}}: CS1 maint: url-status (link)
  6. ^ "Understanding legislation". legislation.gov.uk. The National Archives. Archived from the original on 16 May 2024. Retrieved 17 September 2024.


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