Get Statutory Instrument essential facts below, , or join the Statutory Instrument discussion. Add Statutory Instrument to your PopFlock.com topic list for future reference or share this resource on social media.
Following the 2016 EU membership referendum and the subsequent publication of the European Union (Withdrawal) Bill, there has been concern that its powers enabling ministers to issue statutory instruments under the bill may enable the government to bypass Parliament. Although this has been criticised by some as being undemocratic, draft regulations must be "laid before" Parliament, which may always demand a full debate on contentious issues.
Devolved administrations also have the power to make Statutory Instruments within the heads of powers that are devolved to them.
Wales Statutory Instruments made by the Welsh Government are published as a subseries of the UK statutory instrument series--for example, the Environment (Wales) Act 2016 (Commencement No. 3) Order 2017 is numbered 2017No.714(W.171), meaning it is the 714th statutory instrument in the UK series and 171st in the Wales subseries.
In the Republic of Ireland the term "statutory instrument" is given a much broader meaning than under the UK legislation. Under the Statutory Instruments Act 1947 a statutory instrument is defined as being "an order, regulation, rule, scheme or bye-law made in exercise of a power conferred by statute".
However, only certain statutory instrument are published and numbered by the Stationery Office, this being mostly where the statute enabling the enactment of delegated legislation required that any such legislation be laid before the Houses of the Oireachtas.
Two close equivalents of similar operation are
Executive orders of the President of the United States, which give instructions to various federal agencies on certain actions they are to take in various cases. They have the force of law, but are subordinate to primary legislation (i.e. acts of Congress) which may constrain their effect, and are also subject to judicial review.
Regulations of various government agencies (a form of delegated legislation) are issued by those agencies regarding subjects those agencies have jurisdiction or responsibility over, or in response to statutes of Congress directing them to take responsibility over a particular subject or issue. They are published in the Federal Register for public notice and comment before becoming valid, and unless objected to by Congress, become effective and have the force and effect of law.
Similarly to the United Kingdom, national and state/provincial governments in Australia and Canada also call their delegated legislation statutory instruments.
^Her Majesty's Stationery Office (2006). Statutory Instrument Practice: A manual for those concerned with the preparation of statutory instruments and the parliamentary procedures related to them. Office of Public Sector Information.