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 / Growing the Greens: Ellie Chowns MP on Parliament, polling and Zack Polanski - Parliament Matters podcast, Episode 124

What is it like to be part of a small but growing parliamentary party? We talk with the leader of the Green Party group at Westminster, Ellie Chowns, about the challenges of operating with limited numbers, the practical realities of parliamentary life, and how institutional structures shape the influence of smaller parties. We discuss our political culture, the Greens’ approach to leadership, internal decision-making, and the party’s longer-term ambitions for electoral and parliamentary reform and a more representative system.

News / Parliament Matters Bulletin: What’s coming up in Parliament this week? 12-16 January 2026

The result of the election for the next Lord Speaker will be announced. In the Commons, Government amendments addressing the “family farm tax” will be considered during Committee Stage of the Finance (No. 2) Bill. The Hillsborough Law is expected to complete its remaining stages in the Commons, and the Sentencing and the Diego Garcia Bills the same in the Lords. Peers will consider the assisted dying bill for a sixth day in Committee. MPs will debate an e-petition calling for a new general election, new towns, financial support during the pandemic, and the importance of the Arctic and High North. Select Committees will hear evidence from former OBR chair Richard Hughes on the UK’s fiscal framework, two Cabinet Ministers on AI and copyright, and the Housing and Courts Ministers on their responsibilities.

News / Are UK elections under threat? A conversation with the chair of the Electoral Commission, John Pullinger - Parliament Matters podcast, Episode 123

With the Government investigating allegations of foreign influence in British politics, we are joined by John Pullinger, Chair of the Electoral Commission, to take stock of the health and resilience of the UK’s electoral system. Our discussion ranges widely over the pressures facing elections and campaigning today, and what issues Parliament may need to grapple with in a future elections bill.

News / Is being Prime Minister an impossible job? - Parliament Matters podcast, Episode 121

Why do UK Prime Ministers seem to burn out so quickly? We are joined by historian Robert Saunders to examine why the role has become so punishing in recent years. From Brexit and COVID to fractured parties, rigid governing conventions and relentless media scrutiny, the discussion explores what has gone wrong – and what kind of leadership and political culture might be needed to make the job survivable again.

News / The King and Parliament: The relationship between politics and the royals - Parliament Matters podcast, Episode 122

In this episode we are joined by author and former royal correspondent Valentine Low to explore the evolving relationship between Downing Street and the Palace and why it matters for Parliament. Drawing on his book Power and the Palace, we explore how royal influence has shifted from Queen Victoria’s overt political interventions to Elizabeth II’s studied neutrality. Along the way, we connect historical episodes – where monarchs helped shape diplomacy and constitutional outcomes – to today’s flashpoints, from the prorogation and dissolution of Parliament to referendums and royal finances and the looming constitutional headaches of future hung parliaments.