This Dashboard provides live data about Statutory Instruments that have been laid before Parliament in the 2023-24 parliamentary Session and Statutory Instruments laid under the Retained EU Law (Revocation and Reform) Act 2023. It contains key facts and figures about the number of SIs being laid, the Departments laying the most SIs, the procedures being used, and whether conventions are being complied with.
Matthew England
Researcher, Hansard Society
Matt joined the Hansard Society in 2023 to focus on the Society’s ongoing research into delegated powers and the system of scrutiny for delegated legislation. He also maintains the Society’s legislative monitoring service, the Statutory Instrument Tracker®. He graduated with a BA in Philosophy, Politics, and Economics from the University of Oxford in 2020 and an MSc in Political Theory from the London School of Economics and Political Science in 2021. Before joining the Hansard Society, Matt worked as a researcher for a Member of Parliament focusing primarily on legislative research.
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Published: 8 May 2024 Updated: 11:00am, 8 May 2024 ~
Note on the data
This Dashboard presents data on Statutory Instruments (SIs) laid before the UK Parliament since 7 November 2023, when the 2023-24 Session began. The data thus excludes SIs which were not laid before the UK Parliament.
The data on REUL Act Statutory Instruments includes SIs that were laid before the start of Session, in order to provide a complete picture of SIs laid under the REUL Act.
Both the Sessional data and the REUL Act data are updated regularly.
459 Statutory Instruments (SIs) have been laid before the UK Parliament since the beginning of this Session.
37 of these SIs were laid before the House of Commons only. These SIs are usually related to taxation and public finances.
18 Statutory Instruments have been laid on average in each week this Session.
7 of the SIs laid before Parliament have been withdrawn, of which 6 have been re-laid.
Statutory Instruments by week • The number of Statutory Instruments laid before Parliament by week, 6 November 2023-Present
22 Government departments have laid Statutory Instruments (SIs) before Parliament.
83 Statutory Instruments have been laid by the Treasury so far this Session, more than any other department. Part of the reason for this is that the Treasury is currently implementing a large reform package for financial regulation, including reform of retained EU regulations. 27 of the 83 SIs laid by the Treasury are related to the regulation of financial services. Another reason is the need for legislation implementing tax and spending changes, including those outlined in the budget and those that were required for the start of the financial year in April.
Statutory Instruments by Government department • The number of Statutory Instruments laid before Parliament by different Government departments
Statutory Instruments by procedure • Of the Statutory Instruments laid before Parliament this Session, the number subject to different parliamentary scrutiny procedures
Made Negative: 270 Statutory Instruments
This means that the SI is laid before Parliament after it has been made – signed – into law by the Minister, but may be annulled if a motion to do so – known as a 'prayer' – is passed by either House within 40 days of the SI being laid before Parliament. Parliamentary recesses of over four days do not count towards the 40 days.
Made Affirmative: 7 Statutory Instruments
This means that the SI is laid before Parliament after it has been made into law by the Minister, but cannot remain law unless it is approved by the House of Commons and (usually) the House of Lords within a statutory period – usually 28 or 40 days.
Draft Negative: 12 Statutory Instruments
This procedure, which is rarely used, means that the SI is laid before Parliament as a draft, and cannot be made into law by the Minister if the draft is rejected by either House within 40 sitting days.
Draft Affirmative: 136 Statutory Instruments
This means that the SI is laid before Parliament as a draft, and cannot be made into law by the Minister unless and until it has been approved by the House of Commons and in most cases also the House of Lords.
Laid only: 7 Statutory Instruments
This means that the SI is laid before Parliament after it has been made into law by the Minister, and no further parliamentary procedure is necessary.
Strengthened: 5 Statutory Instruments
A number of Acts provide for a form of “strengthened”, “enhanced”, or “super-affirmative” procedure, which involve a higher level of parliamentary scrutiny than the affirmative procedure. Often this will include requirements to consult or lay an initial draft before the final draft SI is formally laid.
Statutory Instruments by debate location in the House of Commons • Of the Statutory Instruments debated this Session, the number debated in the House of Commons chamber or in Commons delegated legislation committees
6 Statutory Instruments have had debates on their approval motions held in the House of Commons chamber so far this Session. By contrast, 154 SIs have been debated in delegated legislation committees.
Delegated legislation committees are committees of 16-18 MPs specifically formed to debate a particular SI. Which MPs sit on the committees is effectively decided by the whips via the committee on selection. Because it controls business in the House of Commons under Standing Order No. 14, the Government effectively decides whether an SI is debated in the chamber or in a DLC.
Statutory Instruments by debate location in the House of Lords • Of the Statutory Instruments debated this Session, the number debated in the House of Lords chamber or in Lords Grand Committee
37 Statutory Instruments have had debates on their approval motions held in the House of Lords chamber so far this Session, over seven times as many as in the House of Commons. By contrast, 122 SIs have been debated in Grand Committee.
In the House of Lords, Grand Committee is a meeting of the House as a whole, but in a room away from the chamber. The far larger number of SIs debated in the chamber reflects the fact both that the Government does not control business in the House of Lords and that much more time in the chamber tends to be allocated to legislation than to other forms of business compared to the Commons.
Statutory Instruments have been made and laid under 221 different Acts of Parliament since the start of the Session. The oldest Act of Parliament used was the Personal Injuries (Emergency Provisions) Act 1939.
1939-1979
Personal Injuries (Emergency Provisions) Act 1939
Civil Aviation Act 1949
Prisons Act 1952
Land Compensation Act 1961
Education Act 1962
International Organisations Act 1968
Taxes Management Act 1970
Immigration Act 1971
Misuse of Drugs Act 1971
Local Government Act 1971
Superannuation Act 1972
Education Act 1973
Health and Safety at Work etc. Act 1974
Customs and Excise Management Act 1979
Excise Duties (Surcharges or Rebates) Act 1979
Hydrocarbon Oil Duties 1979
International Monetary Fund Act 1979
Pneumoconiosis etc. (Workers' Compensation) Act 1979
Public Lending Right Act 1979
1980-1984
Magistrates' Courts Act 1980
Animal Health Act 1981
British Nationality Act 1981
Compulsory Purchase (Vesting Declarations) Act 1981
Senior Courts Act 1981
Administration of Justice 1982
Aviation Security Act 1982
Civil Aviation Act 1982
Education (Fees and Awards) Act 1983
Representation of the People Act 1983
Building Act 1984
Matrimonial and Family Proceedings Act 1984
1985-1989
Merchant Shipping Act 1985
Representation of the People Act 1985
Agricultural Holdings Act 1986
Animals (Scientific Procedures) Act 1986
Insolvency Act 1986
Copyright, Designs and Patents Act 1988
Criminal Justice Act 1988
Education Reform Act 1988
Local Government Finance Act 1988
Road Traffic Act 1988
Children Act 1989
Electricity Act 1989
1990-1994
Environmental Protection Act 1990
Food Safety Act 1990
Town and Country Planning Act 1990
Child Support Act 1991
Dangerous Dogs Act 1991
Water Industry Act 1991
Local Government Finance Act 1992
Social Security Administration Act 1992
Social Security Administration (Northern Ireland) Act 1992
Social Security Contributions and Benefits Act 1992
Social Security Contributions and Benefits (Northern Ireland) Act 1992
Taxation of Chargeable Gains Act 1992
Trade Union and Labour Relations (Consolidation) Act 1992
Pension Schemes Act 1993
Social Security Act 1993
Welsh Language Act 1993
Value Added Tax Act 1994
1995-1999
Civil Evidence Act 1995
Environment Act 1995
Jobseekers Act 1995
Merchant Shipping Act 1995
Education Act 1996
Employment Rights Act 1996
Employment Tribunals Act 1996
Housing Act 1996
Police Act 1996
Civil Procedure Act 1997
Bank of England Act 1998
Finance Act 1998
National Minimum Wage Act 1998
Northern Ireland Act 1998
School Standards and Framework Act 1998
Scotland Act 1998
Teaching and Higher Education Act 1998
Finance Act 1999
Greater London Authority Act 1999
Health Act 1999
House of Lords Act 1999
Immigration and Asylum Act 1999
Pollution Prevention and Control Act 1999
2000-2004
Care Standards Act 2000
Criminal Justice and Court Services Act 2000
Finance Act 2000
Financial Services and Markets Act 2000
Government Resources and Accounts Act 2000
Limited Liability Partnerships Act 2000
Local Government Act 2000
Political Parties, Elections and Referendums Act 2000
Postal Services Act 2000
Terrorism Act 2000
Adoption and Children Act 2002
Education Act 2002
Employment Act 2002
Enterprise Act 2002
Export Control Act 2002
Finance Act 2002
Nationality, Immigration and Asylum Act 2002
Police Reform Act 2002
Proceeds of Crime Act 2002
Tax Credits Act 2002
Communications Act 2003
Courts Act 2003
Criminal Justice Act 2003
Finance Act 2003
Health and Social Care (Community Health and Standards) Act 2003
Income Tax (Earnings and Pensions) Act 2003
Local Government Act 2003
Armed Forces (Pensions and Compensation) Act 2004
Child Trust Funds Act 2004
Energy Act 2004
Finance Act 2004
Gender Recognition Act 2004
Human Tissue Act 2004
Pensions Act 2004
Planning and Compulsory Purchase Act 2004
Traffic Management Act 2004
2005-2009
Constitutional Reform Act 2005
Income Tax (Trading and Other Income) Act 2005
Mental Capacity Act 2005
Animal Welfare Act 2006
Armed Forces Act 2006
Childcare Act 2006
Companies Act 2006
Education and Inspections Act 2006
Government of Wales Act 2006
Immigration, Asylum and Nationality Act 2006
National Health Service Act 2006
Work and Families Act 2006
Tribunals, Courts and Enforcement Act 2007
Welfare Reform Act 2007
Child Maintenance and Other Payments Act 2008
Climate Change Act 2008
Energy Act 2008
Health and Social Care Act 2008
Housing and Regeneration Act 2008
Planning Act 2008
Regulatory Enforcement and Sanctions Act 2008
Coroners and Justice Act 2009
Corporation Tax Act 2009
Finance Act 2009
Local Democracy, Economic Development and Construction Act 2009
2010-2014
Corporation Tax Act 2010
Flood and Water Management Act 2010
Charities Act 2011
Localism Act 2011
Police Reform and Social Responsibility Act 2011
Sovereign Grant Act 2011
Finance Act 2012
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Welfare Reform Act 2012
Crime and Courts Act 2013
Energy Act 2013
Financial Services (Banking Reform) Act 2013
Public Service Pensions Act 2013
Anti-Social Behaviour, Crime and Policing Act 2014
Care Act 2014
Children and Families Act 2014
Finance Act 2014
Immigration Act 2014
Pensions Act 2014
2015-2019
Deregulation Act 2015
Recall of MPs Act 2015
Small Business, Enterprise and Employment Act 2015
Childcare Act 2016
Energy Act 2016
Immigration Act 2016
Higher Education and Research Act 2017
Policing and Crime Act 2017
Savings (Government Contributions) Act 2017
Data Protection Act 2018
European Union (Withdrawal) Act 2018
Haulage Permits and Trailer Registration Act 2018
Sanctions and Anti-Money Laundering Act 2018
Taxation (Cross-Border Trade) Act 2018
2020-2024
Agriculture Act 2020
European Union (Future Relationship) Act 2020
Finance Act 2020
Fisheries Act 2020
Private International Law (Implementation of Agreements) Act 2020
United Kingdom Internal Market Act 2020
Domestic Abuse Act 2021
Environment Act 2021
Finance Act 2021
Financial Services Act 2021
Medicines and Medical Devices Act 2021
Pension Schemes Act 2021
Trade Act 2021
Animals (Penalty Notices) Act 2022
Building Safety Act 2022
Economic Crime (Transparency and Enforcement) Act 2022
Elections Act 2022
Energy Prices Act 2022
Judicial Review and Courts Act 2022
National Insurance Contributions Act 2022
National Insurance Contributions (Increase of Thresholds) Act 2022
Product Security and Telecommunications Infrastructure Act 2022
Public Service Pensions and Judicial Offices Act 2022
Carer's Leave Act 2023
Economic Crime and Corporate Transparency Act 2023
Energy Act 2023
Finance (No. 2) Act 2023
Financial Services and Markets Act 2023
Illegal Migration Act 2023
Levelling-Up and Regeneration Act 2023
National Insurance Contributions (Reduction in Rates) Act 2023
National Security Act 2023
Non-Domestic Rating Act 2023
Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
Online Safety Act 2023
Procurement Act 2023
Retained EU Law (Revocation and Reform) Act 2023
Social Housing (Regulation) Act 2023
Social Security (Additional Payments) Act 2023
Finance Act 2024
Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024
Statutory Instruments have also been made and laid under six Orders, one set of Regulations, 18 retained EU Regulations, and three Church Measures since the start of the Session.
Orders
Social Security (Northern Ireland) Order 1993
Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 1996
Merchant Shipping (Control of Pollution) (SOLAS) Order 1998
Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 2006
Police and Crime Commissioner Elections Order 2012
Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Order 2022
Regulations
Trade in Animals and Related Products Regulations 2011
Retained EU Regulations
Regulation (EC) 178/2002
Regulation (EC) 1831/2003
Regulation (EC) 300/2008
Regulation (EC) 428/2009
Regulation (EC) 661/2009
Regulation (EC) 1223/2009
Regulation (EU) 236/2012
Regulation (EU) 528/2012
Regulation (EU) 648/2012
Regulation (EU) 1308/2013
Regulation (EU) 2016/2031
Regulation (EU) 2017/625
Regulation (EU) 2017/1004
Regulation (EU) 2018/858
Regulation (EU) 2018/956
Regulation (EU) 2018/1139
Regulation (EU) 2019/631
Regulation (EU) 2019/1242
Church Measures
Ecclesiastical Fees Measure 1986
Mission and Pastoral Measure 2011
Ecclesiastical Jurisdiction and Care of Churches Measure 2018
Compliance of 'made negative' Statutory Instruments with the '21-day rule' • The number of 'made negative' Statutory Instruments laid before Parliament which complied with and breached the '21-day rule' about parliamentary scrutiny time
17 out of the 291 SIs (or 5%) laid before Parliament this session subject to the 'made negative' procedure have breached the '21-day rule'.
A Statutory Instrument (SI) may come into effect immediately after it has been made. However, there is a convention – known as 'the 21-day rule' – by which, wherever possible, an SI which is subject to the 'made negative' procedure is laid before Parliament at least 21 calendar days before it comes into effect.
The convention is intended to give Parliament time to consider the merits of the Statutory Instrument before it comes into force and, if necessary, to reject it.
Two SIs have been laid after they came into force, both of which related to the proposed acquisition of the Telegraph by an Abu Dhabi-backed investment fund.
Because an SI may come into effect immediately after it has been made, and because 'made SIs' are only laid in Parliament after they have been made, on a few rare occasions, it is possible for a made SI to come into effect before it is laid in Parliament. In theory, this is reserved for only the most urgent SIs. While SIs were frequently made in this way in response to the COVID-19 pandemic, the process has once again become much rarer.
If an SI is laid after coming into force, it triggers a requirement in Section 4 of the Statutory Instruments Act 1946 that the Government formally notify the Speakers of the two Houses of the fact and explain the need for the urgency. Such notifications are recorded in the official records of parliamentary proceedings.
25 SIs have been laid using powers in the Retained EU Law (Revocation and Reform) Act 2023 ("REUL Act") since the REUL Act received Royal Assent in June 2023. A further two SIs have been proposed but not yet formally laid before Parliament.
While the number of SIs laid so far has been relatively small, the Government stated in a report earlier this year that it intends to reform or revoke a further 586 items of retained EU law in 2024, a process that will require several additional SIs to be made using powers under the REUL Act.
As outlined above, there are three broad categories of procedure that REUL Act SIs can be subject to: affirmative, negative, and strengthened/sifting.
Most REUL Act SIs so far have undergone the affirmative procedure, as shown by the chart below.
REUL Act Statutory Instruments by procedure • Of the REUL Act Statutory Instruments laid before Parliament, the number subject to different parliamentary scrutiny procedures
Affirmative procedure
The affirmative procedure applies to REUL Act powers to "restate" retained EU law or to make consequential provision when they are used to amend primary legislation, and to powers to replace retained EU law with new instruments that achieve the same objectives when they are used to create criminal offences or to create further powers to make legislation. It also applies to the very broad power in section 14(3) to replace retained EU law with "such alternative provision" as the minister "considers appropriate".
Negative procedure
The negative procedure applies to the section 15 power to "update" retained EU law in response to technological or scientific change, and the section 19 power to make consequential provision (except where this power is subject to the affirmative procedure as outlined above).
Strengthened (sifting) procedure
A sifting procedure - where a committee of each House considers whether to recommend that a negative SI be subject to a more stringent procedure - applies to powers to restate retained EU law and to revoke and/or replace retained EU law, except where those powers are automatically subject to the affirmative procedure as outlined above.
The REUL Act also contains powers to make Statutory Instruments that are not required to be laid before Parliament. For the purposes of this Dashboard, Statutory Instruments not subject to any form of parliamentary scrutiny are not included in the data.
Strengthened REUL Act Statutory Instruments by stage • Of the REUL Act Statutory Instruments proposed and subject to the strengthened procedure, the number that have been recommended for upgrade and/or upgraded
Not all Statutory Instruments subject to sifting are recommended for upgrade by the committees of each House. In fact, only one SI has been recommended for upgrade since the REUL Act gained Royal Assent. At any one time, it is also likely that some SIs will have been sifted but not yet formally laid by the Government. As mentioned above, the Government can also choose whether to accept a recommendation to upgrade the procedure. The REUL Act SIs subject to the strengthened procedure can therefore be broken down into further categories:
Not recommended for upgrade, laid under negative procedure: Neither committee recommended an upgrade to the affirmative procedure. The SI has subsequently been laid under the negative procedure.
Recommended for upgrade, laid under affirmative procedure: A committee recommended an upgrade to the affirmative procedure. The Government followed the committee's recommendation and laid the SI under the affirmative procedure.
Recommended for upgrade, laid under negative procedure: A committee recommended an upgrade to the affirmative procedure, but the Government rejected the recommendation and laid the SI under the negative procedure.
Recommendation made, Instrument not laid: A committee has made a recommendation about the appropriate procedure, but the Government has not formally laid the SI.
Recommendation not yet made: The Government has published the SI as a proposed negative, but the committees have not made a recommendation about its procedure.
7 departments have used powers under the REUL Act to make SIs since the Act gained Royal Assent. The Department for Business and Trade has laid the most REUL Act SIs, on issues such as employment rights, product safety, and equalities.
REUL Act Statutory Instruments by Government department • The number of REUL Act Statutory Instruments laid before Parliament by different Government departments
All of the data in this Dashboard is taken from the Hansard Society's legislative monitoring tool, the Statutory Instrument Tracker©.
Our Statutory Instrument Tracker© is also used by a range of politicians, businesses, NGOs and academics to ensure they keep up to date with the legislative landscape. With the SI Tracker©, users can receive updates about all new SIs, find all the key dates and documents they need, and track the progress of SIs that matter most to them.
To find out more, you can:
Download our user guide
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