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 / Should MPs Who Switch Parties Be Forced to Face a By-Election? - Parliament Matters podcast, Episode 127

In this episode, we ask whether MPs who switch parties should be forced to face a by-election – and what this month’s spate of defections says about representation, party power and voter consent. We also unpick a dizzying week in British and global politics as “hurricane Trump” batters the post-war order, testing the UK-US alliance and raising awkward questions about NATO, defence spending and procurement. Plus: the Lords’ push for an under-16s social media ban, Chagos ping-pong, and stalled bills in Westminster. Listen and subscribe: Apple Podcasts · Spotify · Acast · YouTube · Other apps · RSS

News / Who really sets MPs’ pay – And why you might be wrong about it. A conversation with Richard Lloyd, chair of IPSA - Parliament Matters podcast, Episode 126

What are MPs actually paid and what does the public fund to help them do their job? In this conversation with Richard Lloyd, chair of the Independent Parliamentary Standards Authority (IPSA) we explore the delicate balance between supporting MPs to do their jobs effectively and enforcing strict standards on the use of public money. We discuss how IPSA has shifted from a rule-heavy “traffic cop” to a principles-based regulator, why compliance is now very high, and the security risks and pressures facing MPs‘ offices as workloads rise and abuse becomes more common. Listen and subscribe: Apple Podcasts | Spotify | ACAST | YouTube | Other apps | RSS

News / Parliament Matters Bulletin: What’s coming up in Parliament this week? 19-23 January 2026

Labour MPs may stage a backbench rebellion in the Commons over amendments to the Hillsborough Law (the Public Office (Accountability) Bill). MPs will also debate changes to four other bills. The Foreign Secretary faces departmental questions, including on Iran and Greenland, while Cabinet Office Ministers will be quizzed on digital ID and relations with the EU. In the Lords, six new Peers will be introduced, including former Olympic swimmer Sharron Davies and Iceland boss Richard Walker. Peers will examine seven bills and spend a seventh Friday in Committee on the assisted dying bill. Select Committees will hear from former Defence Secretaries Sir Ben Wallace and Sir Grant Shapps, Bank of England Governor Andrew Bailey, the German Ambassador, Attorney General Lord Hermer KC, and former head of the National Farmers’ Union Baroness (Minette) Batters.

News / Kemi’s pre-emptive strike on Robert Jenrick - Parliament Matters podcast, Episode 125

In a dramatic day at Westminster Kemi Badenoch sacked Robert Jenrick and suspended him from the Conservative Whip before his defection to Reform UK. We explore what it says about Conservative discipline, Reform’s recruitment drive, and whether others may follow. We then examine rows over the Hillsborough Law and proposed national security exemptions, plus procedural drama in the House of Lords over the Chagos deal. Bob Blackman MP also joins us to discuss Backbench Business Committee reforms, before we assess whether the assisted dying bill is being talked out.

News / Growing the Greens: Ellie Chowns MP on Parliament, polling and Zack Polanski - Parliament Matters podcast, Episode 124

What is it like to be part of a small but growing parliamentary party? We talk with the leader of the Green Party group at Westminster, Ellie Chowns, about the challenges of operating with limited numbers, the practical realities of parliamentary life, and how institutional structures shape the influence of smaller parties. We discuss our political culture, the Greens’ approach to leadership, internal decision-making, and the party’s longer-term ambitions for electoral and parliamentary reform and a more representative system.