Frequently Asked Questions
Common questions about UK legislation and the legislative process
Below are answers to the questions most frequently asked about UK legislation: how laws are made, the different types of legislative instrument, and how the system works in practice.
What is an Act of Parliament?
An Act of Parliament is a law that has been approved by the House of Commons and the House of Lords and has received Royal Assent from the Monarch. It is the highest form of domestic law in the United Kingdom. Acts are also known as statutes. They can only be repealed or amended by another Act of Parliament.
What is a statutory instrument?
A statutory instrument (SI) is a form of secondary legislation made by a government minister under powers delegated by an Act of Parliament. SIs contain the detailed rules that give practical effect to the broad framework of the parent Act. They are governed by the Statutory Instruments Act 1946 and are subject to Parliamentary scrutiny through either the affirmative or negative procedure.
How does a Bill become law?
A Bill must pass through several stages in each House of Parliament: First Reading (formal introduction), Second Reading (debate on principles), Committee Stage (clause-by-clause examination), Report Stage (further amendments), and Third Reading (final vote). Once both Houses have agreed the same text, the Bill receives Royal Assent and becomes an Act of Parliament.
What is Royal Assent?
Royal Assent is the final step in the legislative process. It is the formal approval of a Bill by the Monarch, signifying that it has become an Act of Parliament. Royal Assent is granted on ministerial advice under the Royal Assent Act 1967. By constitutional convention, the Monarch does not refuse assent to a Bill duly passed by Parliament. The last refusal was in 1708.
What is the difference between primary and secondary legislation?
Primary legislation consists of Acts of Parliament: laws that have been through the full legislative process and received Royal Assent. Secondary (or delegated) legislation consists of statutory instruments and other subordinate instruments made by ministers under powers conferred by a parent Act. The key distinction is that secondary legislation can be challenged in court as ultra vires if it exceeds the powers granted by the parent Act, whereas an Act of Parliament cannot.
What is the Parliament Act procedure?
The Parliament Acts 1911 and 1949 allow the House of Commons to pass legislation without the consent of the House of Lords in certain circumstances. Money Bills can bypass the Lords entirely after one month. Other public Bills can be passed without Lords' consent if the Commons passes the Bill in two successive sessions with at least one year between the Second Reading in the first session and the Third Reading in the second session.
What is the Salisbury Convention?
The Salisbury Convention is a constitutional convention under which the House of Lords does not vote against the second reading of any government Bill that implements a commitment from the governing party's election manifesto. It originated in 1945 to manage the relationship between the Labour government and the Conservative-dominated Lords. It has never been codified in statute.
What does "in force" mean for legislation?
An Act of Parliament may receive Royal Assent but not immediately come into force. Many Acts contain commencement provisions that allow different sections to be brought into force on different dates by ministerial order (a commencement order). A provision that has received Royal Assent but has not yet been commenced is described as "not yet in force." Some provisions are never commenced and remain on the statute book without legal effect.
What is the Interpretation Act 1978?
The Interpretation Act 1978 provides standard definitions and rules of construction that apply across all UK legislation. It defines common terms (such as "person" includes a body corporate, "month" means calendar month), establishes rules for commencement and repeal, and governs how cross-references between statutes operate. It is a consolidation of earlier interpretation statutes dating back to 1889.
Can the Scottish Parliament make any law it wants?
No. The Scotland Act 1998 defines the Scottish Parliament's legislative competence by reference to reserved matters listed in Schedule 5 (including defence, foreign affairs, the constitution, and immigration). The Scottish Parliament may legislate on any matter not reserved to Westminster. If the Scottish Parliament passes legislation outside its competence, the Supreme Court may strike it down.
What is retained EU law?
Retained EU law (REUL) is the body of EU law that was converted into domestic UK law by the European Union (Withdrawal) Act 2018 on the UK's departure from the EU. The Retained EU Law (Revocation and Reform) Act 2023 removed the special status of REUL and provided for the revocation of specific instruments. Remaining REUL is now known as "assimilated law" and has the same status as ordinary domestic legislation.
What is an Order in Council?
An Order in Council is a type of secondary legislation formally made by the Privy Council. There are two types: statutory Orders in Council (made under the authority of an Act of Parliament) and prerogative Orders in Council (made under the Royal Prerogative). Statutory Orders in Council function like other statutory instruments and are subject to Parliamentary scrutiny. Prerogative Orders in Council are not based on statute and are used for matters such as the governance of overseas territories.
Who drafts government Bills?
Government Bills are drafted by the Office of the Parliamentary Counsel (OPC), a team of specialist lawyers within the Cabinet Office. The OPC works closely with the relevant government department to translate policy into legislative text. The OPC also publishes guidance on legislative drafting practice.
What is a commencement order?
A commencement order is a statutory instrument made by a minister to bring provisions of an Act of Parliament into force. Many Acts do not come into force immediately on Royal Assent: instead, they contain a commencement provision authorising the relevant Secretary of State to appoint the date on which specific sections take effect. This allows for phased implementation.
For more detail on the legislative process, see How Laws Are Made. For a breakdown of the different types of legislation, see Types of Legislation.