Secondary legislation makes changes to the law under powers in an Act of Parliament. During the passage of a Bill, Parliament agrees to any such powers to make future changes to the law. Secondary legislation cannot normally amend primary legislation. It tends to 'flesh out' Acts with more detail and it is more easily revised, which makes it more flexible and a powerful tool for Ministers.
Secondary legislation (also known as statutory instruments (SIs) and normally an 'Order' or 'Regulations') is laid before the House and made under powers contained in an Act of Parliament. It becomes law by one of two procedures – affirmative resolution or negative resolution – depending on which was specified in the Act of Parliament under which it is made.
The affirmative resolution procedure requires the positive endorsement of both Houses. Normally, a motion to approve a draft statutory instrument is tabled and put to the House. A statutory instrument is usually agreed without a debate or vote, but opposition MPs can force either if they are so minded. If both Houses do not indicate their backing for the instrument, it cannot not become law.
The negative resolution procedure assumes that a statutory instrument is acceptable unless action is taken to the contrary. Normally, a statutory instrument under this procedure is made by a Minister and becomes law immediately. A motion to annul the instrument may be tabled in either House for a period of 40 days after the day on which the order is made. If the annulment is agreed, the instrument ceases to have been law.
The Joint Committee on Statutory Instruments may consider an SI, including taking evidence, and report to either House to aid the scrutiny of secondary legislation.
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