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 / Parliament Matters Bulletin: What’s coming up in Parliament this week? 27-30 April 2026

Ahead of prorogation, the Foreign Affairs Committee will question Morgan McSweeney and Sir Philip Barton about Lord Mandelson’s appointment as Ambassador to Washington. The week will be dominated by legislative “ping-pong” on four Bills: the English Devolution and Community Empowerment Bill, the Pensions Schemes Bill, the Crime and Policing Bill, and the Children’s Wellbeing and Schools Bill. MPs will also consider carry-over motions for the Northern Ireland Troubles Bill and the Public Office (Accountability) Bill. Chancellor Rachel Reeves and Work and Pensions Secretary Pat McFadden will face MPs’ questions. Peers will debate agricultural payment reforms, while select committees examine national security, social media harms, and environmental oversight. Proceedings may be curtailed by prorogation bringing an end to the Session on Wednesday.

News / Keir Starmer’s week of parliamentary torture over Mandelson appointment - Parliament Matters podcast, Episode 140

Keir Starmer faced “ordeal by Parliament” this week after a tense Commons statement on Peter Mandelson’s US ambassadorship followed by an emergency debate, fraught PMQs, and probing select committee hearings about what he knew of security vetting. Joined by lobby journalist Tony Grew, we dissect the deepening political crisis - examining Starmer’s defence, Sir Ollie Robbins’ testimony, and Labour unrest - while asking whether prorogation could help the Prime Minister dodge another grilling at PMQs. And as the first session of this Parliament draws to a close, we look at the rising stars shaping the work of the Commons. Listen and subscribe: Apple Podcasts · Spotify · Acast · YouTube · Other apps · RSS

News / Dynamic alignment and Henry VIII powers: What will the Government’s EU reset mean for Parliament? - Parliament Matters podcast, Episode 139

A major “EU reset” bill could allow Ministers to dynamically align UK law with EU rules using so-called Henry VIII powers, raising fresh questions about Parliament’s role and scrutiny. We are joined by Professor Catherine Barnard to explore the trade-offs and implications. We also examine Parliament’s surprise block on Church of England governance reforms and ask whether shutting down Parliament for a two-week prorogation – when it cannot be recalled – is wise in an increasingly unstable world. Listen and subscribe: Apple Podcasts · Spotify · Acast · YouTube · Other apps · RSS

Submissions / Written Parliamentary Questions - Our evidence to the House of Commons Procedure Committee

The use of Written Parliamentary Questions (WPQs) is rising sharply. Since July 2024, MPs have tabled questions at unprecedented levels. By late 2025 MPs were tabling over 600 per sitting day, more than double the long-term average. WPQs are a cornerstone of parliamentary scrutiny, helping MPs obtain information, challenge government policy and put issues on the public record. But this surge raises important questions about how Parliament balances transparency and accountability with the practical limits of the system. The House of Commons Procedure Committee is now examining the issue and has just published our submission containing our latest data and analysis.

News / Who really decides Immigration Rules: Parliament or the Home Secretary? - Parliament Matters podcast, Episode 137

Who really controls immigration law when Ministers can rewrite key rules with minimal parliamentary scrutiny? Jonathan Featonby of the Refugee Council explains the Home Secretary’s far-reaching powers over Immigration Rules. We also discuss the Crime and Policing Bill, where amendments on AI and abortion highlight the challenges posed by rushed law-making and executive overreach. And we look ahead to the next phase of the assisted dying debate, as supporters in the House of Commons prepare for a renewed legislative push in the next parliamentary Session. Listen and subscribe: Apple Podcasts · Spotify · Acast · YouTube · Other apps · RSS