Statutory Instruments Act 1946

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]

Statutory Instruments Act 1946

Act of Parliament
Parliament of the United Kingdom
Long title	An 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
Citation	9 & 10 Geo. 6. c. 36
Territorial extent	United Kingdom
Dates
Royal assent	26 March 1946
Commencement	1 January 1948
Other legislation
Repeals/revokes	Rules Publication Act 1893
Amended by	House of Commons Members' Fund Act 2016
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

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 Assembly 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 acts 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]