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

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)

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.

Download the Explainer

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

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

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.

Watch Professor Stephanie Pywell’s inaugural lecture

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

Latest / Highlights

News / Assisted dying bill: Special series #10 - Parliament Matters podcast, Episode 89

Having cleared detailed scrutiny in a Public Bill Committee, the Terminally Ill Adults (End of Life) Bill faces its next crucial test when it returns to the House of Commons for Report Stage on 16 May. This stage is often where Private Members' Bills falter. Will opponents of Kim Leadbeater’s proposals to legalise assisted dying win enough support to amend the Bill? Can supporters of the Bill fend off attempts to change it? And could the Bill be lost altogether, because of the procedural hurdles that still stand in its way?

News / Parliament Matters Bulletin: What’s coming up in Parliament this week? 28 April - 2 May 2025

MPs will debate the Football Governance Bill for the first time and consider controversial proposals to give government access to benefit recipients’ bank data in the Public Authorities (Fraud, Error and Recovery) Bill. The Great British Energy Bill faces a further hurdle over modern slavery concerns in solar panel supply chains. Orders on extended VE Day pub hours and banning ‘ninja swords’ will be considered. David Lammy and Shabana Mahmood face committee scrutiny, while Richard Foord seeks to require parliamentary approval for a UK–US trade deal. Mayors Andy Burnham and Kim McGuinness will give evidence on industrial strategy, and Dr Fiona Hill will speak about social mobility and education.

News / Should Parliament roll out the red carpet for Donald Trump? - Parliament Matters podcast, Episode 88

After Parliament’s rare Saturday sitting to pass the Steel Industry (Special Measures) Bill with minimal scrutiny, we explore concerns about rushed legislation and unchecked ministerial powers. The Speaker Sir Lindsay Hoyle faces criticism for allegedly protecting Keir Starmer at PMQs. Meanwhile, as MPs and Peers move to block a possible Trump address to Parliament during his second UK State Visit, we discuss who controls invitations to speak and where on the parliamentary estate.

Submissions / Evidence to the House of Commons Modernisation Committee: Priorities and strategic aims

In response to the Modernisation Committee's call for views on 17 October 2024, we submitted evidence outlining key areas we believe the Committee should prioritise. Our submission recommended a focus on: strengthening legislative scrutiny, with particular emphasis on reforming the delegated legislation system; enhancing financial scrutiny, especially in relation to the Budget and the Estimates; addressing strategic gaps in parliamentary scrutiny; making more effective use of parliamentary time; and reviewing the Standing Orders, language and rituals of the House of Commons.

Briefings / The Assisted Dying Bill: A guide to the Private Member's Bill process

This briefing explains what to watch for during the Second Reading debate of the Terminally Ill Adults (End of Life) Bill on 29 November. It outlines the procedural and legislative issues that will come into play: the role of the Chair in managing the debate and how procedures such as the 'closure' and 'reasoned amendments' work. It looks ahead to the Committee and Report stage procedures that will apply if the Bill progresses beyond Second Reading. It also examines the government's responsibilities, such as providing a money resolution for the Bill and preparing an Impact Assessment, while addressing broader concerns about the adequacy of Private Members’ Bill procedures for scrutinising controversial issues.