Publications

Delegated Legislation: What types are there, and how are they made?

5 Dec 2023
The former Secretary of State for Northern Ireland signing the same-sex marriage regulations for Northern Ireland on 19 December 2019. ©The Rt Hon Julian Smith MP (@JulianSmithUK)
The former Secretary of State for Northern Ireland signing the same-sex marriage regulations for Northern Ireland on 19 December 2019. ©The Rt Hon Julian Smith MP (@JulianSmithUK)

Delegated legislation is the most common form of legislation in the United Kingdom. It is the legislation of everyday life, impacting millions of citizens daily. But the terminology and procedures that surround it are complex and often confusing. This explainer unpacks delegated legislation - the terminology and Parliament's role in scrutinising it - to reveal more about how delegated legislation really works.

Professor Stephanie Pywell , Professor of Law and Social Justice, The Open University Law School
Dr Tom West
,
Professor of Law and Social Justice, The Open University Law School

Professor Stephanie Pywell

Professor Stephanie Pywell
Professor of Law and Social Justice, The Open University Law School

Stephanie joined the Law School as a full-time Lecturer in November 2013, becoming a Senior Lecturer in 2018, and Professor of Law and Social Justice in 2022.  She won an individual Open University Teaching Award for Excellence in Supporting Students in 2019, and was the OU's nominee for an AdvanceHE National Teaching Fellowship. She has a keen interest in making law accessible to students and the public, and in the importance of democratic scrutiny in law-making.

Dr Tom West

Dr Tom West

Tom is the Hansard Society's former Researcher and Delegated Legislation Review Manager. He currently works as a Legal Officer at Privacy International

Get our latest research, insights and events delivered to your inbox

Subscribe to our newsletter

We will never share your data with any third-parties.

Share this and support our work

Delegated legislation is the most common form of legislation in the United Kingdom. Relatively few Acts of Parliament (primary legislation) are passed each year compared to the volume of delegated legislation.

Whether it's the supply of single-use plastic items, eligibility for state benefits, court procedures, or pandemic-related lockdowns, the common factor is that all were introduced using delegated legislation.

But this form of law is procedurally complicated and difficult to digest.

This explainer, produced jointly with Professor Stephanie Pywell from The Open University Law School, seeks to unpack the legislative layers and peel back the procedural complexities to reveal more about how delegated legislation works.

As well as introducing the various forms of delegated legislation, the explainer features a series of diagrams that illustrate the interconnections and overlaps between these different forms, building up a legislative picture that reveals the importance of this legislation but also its bafflingly labyrinthine nature.

In her inaugural lecture at The Open University on 6 December 2022, Professor Pywell explored some effects of the empowerment of individuals and organisations to make delegated legislation, including the pandemic-related regulations about wearing face coverings in 2020.

Aspects of empowerment in legislation and education

Who funds this work?

The Hansard Society’s work on delegated legislation is generously supported by The Legal Education Foundation

News / Parliament’s spying scandal: Why was the China case dropped? - Parliament Matters podcast, Episode 110

It’s been a tumultuous week in Westminster, with three ministerial statements on the China spying case and fresh questions about the collapse of charges against two alleged spies. We are joined by Cambridge public law expert Professor Mark Elliott to untangle the legal and political fallout, from espionage claims inside MPs’ offices to confusion over whether China was ever designated an “enemy state.” We also explore looming government challenges — the Budget, Afghan data leak, local election setbacks — and the membership of the new Select Committee to consider the assisted dying legislation in the House of Lords. Please help us by completing our Listener Survey. It will only take a few minutes.

17 Oct 2025
Read more

News / Parliament Matters Bulletin: What’s coming up in Parliament this week? 13-16 October 2025

Parliament returns this week after a three-week recess. MPs may address developments in Israel and Gaza, the collapse of the China spying case, plans for digital ID, and recent immigration announcements. They will also scrutinise four Bills, question four departmental ministerial teams, debate baby loss and badger culling, and hear evidence from tax experts, energy executives, and travel and immigration experts. In the Lords, the membership of the new Select Committee to consider the Assisted Dying Bill will be confirmed. Peers will examine six Government Bills, debate the National Policy Statement for Ports, and question the Border Security Commander. Two new Peers, Liz Lloyd and Jason Stockwood, will take their seats following their recent ministerial appointments.

12 Oct 2025
Read more

News / Former Prime Ministers: The role of Parliament in life after No 10 - Parliament Matters podcast, Episode 109

In this episode, we speak with Peter Just, author of a new book, Margaret Thatcher: Life After Downing Street. Peter explores how Thatcher reinvented herself after her departure to maintain her status as an international figure, and how she remained a parliamentary thorn in John Major’s side. We also compare her parliamentary afterlife with that of other Prime Ministers, and consider the value that former leaders can bring to the institution of Parliament. Please help us by completing our Listener Survey. It will only take a few minutes.

03 Oct 2025
Read more

Briefings / Assisted dying - The Terminally Ill Adults (End of Life) Bill: Rolling news

Stay informed with updates and analysis on the Terminally Ill Adults (End of Life) Bill as it moves through Parliament. Learn about the debates, procedures, decisions, and key milestones shaping the assisted dying legislation.

15 May 2025
Read more

News / What are the Usual Channels? A short history of Westminster whipping - Parliament Matters podcast, Episode 108

In this episode, we talk to political journalist Seb Whale about his new book, The Usual Channels, which reveals the hidden world of Westminster’s whips. Seb charts how party discipline has evolved – from the stormy politics of the 1970s and the Maastricht battles of the 1990s to the legendary “black book,” the Brexit showdowns and the short-lived Liz Truss premiership. He explains how the whips’ office has adapted to a modern Parliament – especially with the influx of women MPs – and why, even today, whips still wield decisive influence over MPs’ careers and remain indispensable despite the pressures of contemporary politics. Please help us by completing our Listener Survey. It will only take a few minutes.

26 Sep 2025
Read more