Statutory Instruments Dashboard 2023-24

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Statutory Instruments Dashboard 2023-24

8 May 2024

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.

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Researcher, Hansard Society

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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.

How many Statutory Instruments has the Government laid before Parliament this Session?

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7 of the SIs laid before Parliament have been withdrawn, of which 6 have been re-laid.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

Source: Hansard Society Statutory Instrument Tracker® data. Cite as: Hansard Society Statutory Instruments Dashboard

Which Government departments have laid the most Statutory Instruments?

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

Source: Hansard Society Statutory Instrument Tracker® data. Cite as: Hansard Society Statutory Instruments Dashboard

Which parliamentary scrutiny procedures have applied to the Statutory Instruments?

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.

Where has the approval of Statutory Instruments been debated: Chamber or Committee?

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

The House of Commons

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

The House of Lords

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.

What powers have been used by Ministers to make and lay the Statutory Instruments?

221 Acts of Parliament

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.

Acts of Parliament used to make Statutory Instruments in the 2023-24 Session

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

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

Orders and Regulations

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.

Has the Government complied with conventions about parliamentary scrutiny time for Statutory Instruments?

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

The 21-day rule

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.

Statutory Instruments in force before laying

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.

How has the Retained EU Law (Revocation and Reform) Act 2023 been used to lay Statutory Instruments?

How many REUL Act SIs have been laid and proposed?

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.

Which procedures have been used for REUL Act SIs?

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.

How has the strengthened/sifting procedure been used for REUL Act SIs?

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.

Which departments have laid and proposed the most REUL Act SIs?

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
Watch our demo videos
Read our FAQs

Screenshots from the Statutory Instrument Tracker showing the resources that are pulled in

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