| Short Title: | Statutory Instruments Act 1946 |
| Type: | Act |
| Parliament: | Parliament of the United Kingdom |
| Long Title: | An Act to repeal the Rules Publication Act, 1893, and to make further provision as to the instruments by which statutory powers to make orders, rules, regulations and other subordinate legislation are exercised |
| Year: | 1946 |
| Statute Book Chapter: | 9 & 10 Geo. 6. c. 36 |
| Territorial Extent: | United Kingdom |
| Royal Assent: | 26 March 1946 |
| Commencement: | 1 January 1948 |
| Replaces: | Rules Publication Act 1893 |
| Amendments: | House of Commons Members' Fund Act 2016 |
| Status: | amended |
| Original Text: | https://www.legislation.gov.uk/ukpga/Geo6/9-10/36/enacted |
| Revised Text: | https://www.legislation.gov.uk/ukpga/Geo6/9-10/36 |
The Statutory Instruments Act 1946 (9 & 10 Geo. 6. c. 36) is an Act of the United Kingdom Parliament which governs the making of statutory instruments.[1]
Until 2011 the act also governed Scottish statutory instruments made under acts of the Scottish Parliament.[2] Until 2019, the act also governed Welsh statutory instruments made under acts of Senedd Cymru, acts of the National Assmebly for Wales, and measures of the National Assembly for Wales.[3]
The Statutory Rules (Northern Ireland) Order 1979 provides a similar function for Acts of the Parliament of Northern Ireland and Act of the Northern Ireland Assembly.
The act defines statutory instruments as "orders, rules, regulations or other subordinate legislation" if the power is expressed through the royal prerogative through an Order in Council or in the case of a power conferred on a Minister of the Crown, a statutory instrument. The circularity of the definition means that any subordinate legislation exercisable by a minister is a statutory instrument and any subordinate instrument is subordinate legislation. Since the use of ministerial orders in 1992 and 2013 this definition is no longer completely true.
The Secondary Legislation Scrutiny Committee, in the House of Lords, and the Select Committee on Statutory Instruments in the House of Commons, are committees set up to consider statutory instruments tabled by ministers.[4] [5]
Statutory instruments are required to be laid before Parliament.
Statutory instruments may be revoked by statutory instrument (including an Order in Council), or by another act of Parliament.
Statutory instruments are published by the King's printer. In the modern era, this means that they are available on legislation.gov.uk.[6]