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? 19-23 May 2025

Stella Creasy MP and Richard Tice MP will lead a backbench debate on the EU–UK summit. The Foreign Affairs Committee will hold a joint session with its Ukrainian counterpart on Russian misinformation. MPs will question the Defence Secretary, Chancellor of the Exchequer and Northern Ireland Secretary. Scrutiny of seven Government bills will continue in both Houses. Debate topics in the Commons will include an e-petition on transgender self-identification, and support for local pubs. On the Committee corridor, highlights include sessions on the security of undersea cables and the accessibility of the parliamentary estate. Michael Gove will be formally introduced to the House of Lords as its newest member.

Submissions / Status and rights of independent MPs in Parliament – Our evidence to the House of Commons Procedure Committee

Our evidence on the status and rights of independent MPs has been published by the House of Commons Procedure Committee. Our submission summarises the direct and indirect references to political parties in the Standing Orders and whether they might apply to groupings of independent MPs, analyses whether small parties and independent groupings face disadvantages, particularly in relation to committee membership, and considers whether parliamentary publications should distinguish between the many different kinds of independent MP.

Blog / The Planning and Infrastructure Bill: What happens when detail is deferred?

The Hansard Society has long raised concerns about the Government's increasing tendency to present undeveloped legislation that lacks detailed policy and grants ministers broad delegated powers to fill in the gaps later. This practice undermines effective parliamentary scrutiny, by preventing MPs and Peers from fully assessing how powers may be used, (or misused), in the future. The weak system for overseeing delegated legislation—especially in the Commons—exacerbates the problem. Several powers in the Planning and Infrastructure Bill currently before Parliament highlight these ongoing issues.

News / Assisted dying bill: Special series #12 - Parliament Matters podcast, Episode 93

Is Kim Leadbeater's Assisted Dying Bill now "over the hump?" The Bill's supporters got it though its first day of Report Stage consideration in the House of Commons unscathed, with comfortable majorities in every vote. So, with debate on the most contentious set of amendments disposed of, will it now coast through its remaining scrutiny days in the Commons? Please help us by completing our Listener Survey. It will only take a few minutes.

Submissions / Evidence to the House of Commons Modernisation Committee: Priorities and strategic aims

In response to the Modernisation Committee's call for views on 17 October 2024, we submitted evidence outlining key areas we believe the Committee should prioritise. Our submission recommended a focus on: strengthening legislative scrutiny, with particular emphasis on reforming the delegated legislation system; enhancing financial scrutiny, especially in relation to the Budget and the Estimates; addressing strategic gaps in parliamentary scrutiny; making more effective use of parliamentary time; and reviewing the Standing Orders, language and rituals of the House of Commons.