Statutary Instruments

the Statutory Instruments Act 1946

Statutory instruments are a type of law made by government ministers, having delegated powers under the authority of primary legislation (enabling acts). 

Government ministers are given this law making power by Parliament so that they can use their department’s expertise in developing the law.  They are the most common type of delegated legislation.

Ministers will often consult experts before making such law, which can then be drafted by their department and laid before Parliament (if required by the enabling act) .

Statutory instruments can be used to complete the detail of an Act of Parliament. For example, the Minister for Transport was given the power under the Road Traffic Act 1998 (the enabling act) to make the Traffic Signs Regulations 2002 which regulate the size and colour of road signs.

Statutory Instruments are also a good way of updating primary legislation, for example, the Secretary of State’s National Minimum Wage Regulations regularly increase the amount of the minimum wage under the Minimum Wage Act 1998.

Statutory Instruments are often made in the form of a Commencement Order. These orders specify when an Act of Parliament or part of an Act will come into force (meaning, when it will take effect as law.)  Sometimes an Act of Parliament will come into force in several different stages.  For example, the Equality Act 2010 was brought into effect by 5 commencement orders.