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Statutory Instruments Act 1946

1946 CHAPTER 36 9 and 10 Geo 6

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.

[26th March 1946]

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Modifications etc. (not altering text)

C1Act applied, and power to apply Act conferred, by enactments listed in Chronological Table of the Statutes; excluded by Universities (Scotland) Act 1966 (c. 13), s. 15 and Cathedrals Measure 1976 (No. 1), s. 4(3)

C3Act extended (provinces of Canterbury and York) by Ecclesiastical Fees Measure 1986 (No. 2, SIF 21:1), ss. 2(4), 5(5), 6(5), Sch. 1 para. 5

C4Act applied (provinces of Canterbury and York) by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), ss. 35(1), 38(6)

C5Act applied (provinces of Canterbury and York) by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), ss. 1, 35(1), Sch. 1 para. 12(3)

C6Act applied by Building Societies Act 1986 (c. 53, SIF 16), ss. 1, 54(3)(a)(5), 119(5), Sch. 1 para. 12

C8Act applied by S.I. 1987/470, art. 3(4)

C13Act applied by S.I. 1990/2595, art. 3(4)

C15Act applied (8.6.1992) by Friendly Societies Act 1992 (c. 40), s. 1, Sch. 1 para.11 (with ss. 7(5), 93(4)); S.I. 1992/1325, art.2(a)(b)

Act applied (1.9.1994) by 1977 Measure No. 1, s. 18 (as inserted by 1993 Measure No. 1, s. 9; Instrument dated 25.07.1994 made by Archbishops of Canterbury and York)

Act applied (5.11.1993) by 1993 Measure No. 3, s. 10(8)

Act applied (28.2.1996) by S.I. 1996/282, art. 2(4)

Act applied (E.W.) (27.4.1997) by 1997 c. 12, s. 3(1)(b); S.I. 1997/841, art. 3(a)

Act: power to apply conferred (1.1.1996) by 1995 c. 21, ss. 128(4)(f), 316(2) (with s. 312(1))

Act applied (provinces of Canterbury and York except Channel Islands and Isle of Man) (1.9.1994) by 1994 No. 3, s. 4(6); Instrument dated 25.7.1994 made by Archbishops of Canterbury and York

Act applied (provinces of Canterbury and York) (1.1.1999) by 1998 No. 1, s. 1(5); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

Act applied (with modifications) (provinces of Canterbury and York) (1.1.1999) by 1998 No. 1, s. 5(8); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York

Act modified (1.7.1999) by 1998 c. 46, s. 118(5) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1)

Act applied (E.W.S.) (1.3.1996) by 1986 c. 44, s. 47(7) (as substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 53(3); S.I. 1996/218, art. 2)

Act applied (1.11.2000) by 2000 c. 27, s. 1(4), Sch. 1 para. 10; S.I. 2000/2917, art. 2, Sch.

Act applied (provinces of Canterbury and York) (1.1.2001) by 1938 Measure No. 3, s. 15(7) (as inserted (1.1.2001) by 2000 Measure No. 1, s. 2, Sch. 1 para. 10; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York)

C17Act applied (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 403(2), 411(2) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1; S.I. 2003/3142, art. 3(2) (with art. 11)

C18Act applied (1.4.2005) by Human Tissue Act 2004 (c. 30), ss. 13, 60, Sch. 2 para. 22 (with s. 37(7)); S.I. 2005/919, art. 3, Sch. (with transitional provision in art. 2)

C20Act applied (24.3.2005) by Constitutional Reform Act 2005 (c. 4), s. 144(3)

C25Act applied (8.11.2006) by Armed Forces Act 2006 (c. 52), s. 373(2) (with s. 385)

C28Act applied (1.1.2009 for E.W.S.) by Legal Services Act 2007 (c. 29), {ss, 204(2)}, 207 (with ss. 29, 192, 193); S.I. 2008/3149, art. 2(g)

C30Act applied (prosp.) by Planning Act 2008 (c. 29), ss. 117(5), 241 (with s. 226)

C31Act applied (prosp.) by Planning Act 2008 (c. 29), ss. 119, 241, Sch. 4 para. 1(9) (with s. 226)

C32Act applied (prosp.) by Planning Act 2008 (c. 29), ss. 153, 241, Sch. 6 para. 2(10) (with s. 226)

C33Act applied (prosp.) by Planning Act 2008 (c. 29), ss. 153, 241, Sch. 6 para. 4(8) (with s. 226)

C35Act applied (E.) (1.7.2009) by Ecclesiastical Offices (Terms of Service) Measure 2009 (No. 1), ss. 2(8), 13(2) (with s. 9); {Instrument made by the Archbishops of Canterbury and York} dated 11.6.2009

Commencement Information

I1Act partly in force at Royal Assent see s. 10(1); Act wholly in force at 1.1.1948

1 Definition of “Statutory Instrument”.E+W+S+N.I.

(1)Where by this Act or any Act passed after the commencement of this Act power to make, confirm or approve orders, rules, regulations or other subordinate legislation is conferred on His Majesty in Council or on any Minister of the Crown then, if the power is expressed—

(a)in the case of a power conferred on His Majesty, to be exercisable by Order in Council;

(b)in the case of a power conferred on a Minister of the Crown, to be exercisable by statutory instrument,

any document by which that power is exercised shall be known as a “statutory instrument” and the provisions of this Act shall apply thereto accordingly.

[F1(1A)Where by any Act power to make, confirm or approve orders, rules, regulations or other subordinate legislation is conferred on the Welsh Ministers and the power is expressed to be exercisable by statutory instrument, any document by which that power is exercised shall be known as a “statutory instrument” and the provisions of this Act shall apply to it accordingly.]

(2)Where by any Act passed before the commencement of this Act power to make statutory rules within the meaning of the M1Rules Publication Act 1893, was conferred on any rule-making authority within the meaning of that Act, any document by which that power is exercised after the commencement of this Act shall, save as is otherwise provided by regulations made under this Act, be known as a “statutory instrument” and the provisions of this Act shall apply thereto accordingly.

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Amendments (Textual)

F1S. 1(1A) substituted by Government of Wales Act 2006 (c. 32) ss. 160(1), Sch. 10 para. 2 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act

Modifications etc. (not altering text)

C37S. 1 extended (1.7.1999) by S.I. 1999/1096, art. 3(1)(5); S.I. 1998/3178

Marginal Citations

2 Numbering, printing, publication and citation. E+W+S+N.I.

(1)Immediately after the making of any statutory instrument, it shall be sent to the King’s printer of Acts of Parliament and numbered in accordance with regulations made under this Act, and except in such cases as may be provided by any Act passed after the commencement of this Act or prescribed by regulations made under this Act, copies thereof shall as soon as possible be printed and sold by [F2or under the authority of] the King’s printer of Acts of Parliament.

(2)Any statutory instrument may, without prejudice to any other mode of citation, be cited by the number given to it in accordance with the provisions of this section, and the calendar year.

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Amendments (Textual)

F2Words in s. 2(1) inserted (retrospective to 26.3.1946) by 1996 c. 54, s. 1(1)(a)

Modifications etc. (not altering text)

3 Supplementary provisions as to publication.E+W+S+N.I.

(1)Regulations made for the purposes of this Act shall make provision for the publication by His Majesty’s Stationery Office of lists showing the date upon which every statutory instrument printed and sold by [F3or under the authority of] the King’s printer of Acts of Parliament was first issued by [F3or under the authority of] that office; and in any legal proceedings a copy of any list so published [F4purporting to bear the imprint of the King’s printer] shall be received in evidence as a true copy, and an entry therein shall be conclusive evidence of the date on which any statutory instrument was first issued by [F3or under the authority of] His Majesty’s Stationery Office.

(2)In any proceedings against any person for an offence consisting of a contravention of any such statutory instrument, it shall be a defence to prove that the instrument had not been issued by [F3or under the authority of] His Majesty’s Stationery Office at the date of the alleged contravention unless it is proved that at that date reasonable steps had been taken for the purpose of bringing the purport of the instrument to the notice of the public, or of persons likely to be affected by it, or of the person charged.

(3)Save as therein otherwise expressly provided, nothing in this section shall affect any enactment or rule of law relating to the time at which any statutory instrument comes into operation.

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Amendments (Textual)

F3Words in s. 3(2) inserted (retrospective to 26.3.1946) by 1996 c. 54, s. 1(1)(a) (with s. 1(2))

F4Words in s. 3(1) omitted (retrospective to 26.3.1946) by virtue of 1996 c. 54, s. 1(1)(b)

Modifications etc. (not altering text)

C41S. 3 excluded (1.7.1999) by S.I. 1999/1096, art. 3(2); S.I. 1998/3178

4 Statutory Instruments which are required to be laid before Parliament. E+W+S+N.I.

(1)Where by this Act or any Act passed after the commencement of this Act any statutory instrument is required to be laid before Parliament after being made, a copy of the instrument shall be laid before each House of Parliament and, subject as hereinafter provided, shall be so laid before the instrument comes into operation:

Provided that if it is essential that any such instrument should come into operation before copies thereof can be so laid as aforesaid, the instrument may be made so as to come into operation before it has been so laid; and where any statutory instrument comes into operation before it is laid before Parliament, notification shall forthwith be sent [F5to the Speaker of the House of Commons and the Speaker of the House of Lords] drawing attention to the fact that copies of the instrument have yet to be laid before Parliament and explaining why such copies were not so laid before the instrument came into operation.

(2)Every copy of any such statutory instrument sold by [F6or under the authority of] the King’s printer of Acts of Parliament shall bear on the face thereof:

(a)a statement showing the date on which the statutory instrument came or will come into operation; and

(b)either a statement showing the date on which copies thereof were laid before Parliament or a statement that such copies are to be laid before Parliament.

(3)Where any Act passed before the date of the commencement of this Act contains provisions requiring that any Order in Council or other document made in exercise of any power conferred by that or any other Act be laid before Parliament after being made, any statutory instrument made in exercise of that power shall by virtue of this Act be laid before Parliament and the foregoing provisions of this section shall apply thereto accordingly in substitution for any such provisions as aforesaid contained in the Act passed before the said date.

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Amendments (Textual)

F6Words in s. 4(2) inserted (retrospective to 26.3.1946) by 1996 c. 54, s. 1(1)(a)

Modifications etc. (not altering text)

C42S. 4 explained by Laying of Documents before Parliament (Interpretation) Act 1948 (c. 59). ss. 1(2), 2

S. 4 excluded (1.7.1999) by S.I. 1999/1096 art. 3(2); S.I. 1998/3178

5 Statutory Instruments which are subject to annulment by resolution of either House of Parliament. E+W+S+N.I.

(1)Where by this Act or any Act passed after the commencement of this Act, it is provided that any statutory instrument shall be subject to annulment in pursuance of resolution of either House of Parliament, the instrument shall be laid before Parliament after being made and the provisions of the last foregoing section shall apply thereto accordingly, and if either House within the period of forty days beginning with the day on which a copy thereof is laid before it, resolves that an Address be presented to His Majesty praying that the instrument be annulled, no further proceedings shall be taken thereunder after the date of the resolution, and His Majesty may by Order in Council revoke the instrument, so, however, that any such resolution and revocation shall be without prejudice to the validity of anything previously done under the instrument or to the making of a new statutory instrument.

(2)Where any Act passed before the date of the commencement of this Act contains provisions requiring that any Order in Council or other document made in exercise of any power conferred by that or any other Act shall be laid before Parliament after being made and shall cease to be in force or may be annulled, as the case may be, if within a specified period either House presents an address to His Majesty or passes a resolution to that effect, then, subject to the provisions of any Order in Council made under this Act, any statutory instrument made in exercise of the said power shall by virtue of this Act be subject to annulment in pursuance of a resolution of either House of Parliament and the provisions of the last foregoing subsection shall apply thereto accordingly in substitution for any such provisions as aforesaid contained in the Act passed before the said date.

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Modifications etc. (not altering text)

C49S. 5 applied (N.I.) (23.5.1991) by S.I. 1990/2588 (N.I. 17), art. 27(3); S.R. 1991/220, art. 2

C52S. 5 applied (prosp.) by War Crimes Act 1991 (c. 13, SIF 39:4), ss. 1(4), 3(4), Sch. Pt. II, para. 10(2) (which 1991 c. 13 Sch. Pt. II was repealed (N.I.) (4.7.1996) by 1996 c. 25, ss. 46(1), 80, Sch. 5 (as substituted (4.7.1996) by 1996 c. 25, s. 79(4), Sch. 4 para. 19(1), 36) (with s. 78(1))

S. 5 applied (N.I.) (18.6.1992) by S.I. 1991/2628 (N.I. 23), art. 48(1); S.R. 1992/278, art.2, Sch.

C53S. 5 applied (N.I.) by S.I. 1981/155 (N.I. 2), art. 28(8C) (as inserted (16.9.1992) by S.I. 1992/1723 (N.I. 14), art.3(b)).

S. 5 applied (31.3.1995) by 1959 c. 25 (N.I.), s. 132A(5) and 1960 c. 2 (N.I.), s. 21A(5) (as inserted by 1993 c. 8, s. 24, Sch. 3 Pt. III para. 7(3); S.I. 1995/631, art. 2)

S. 5 applied (31.3.1995) by 1975 c. 15, Sch. 10 para. 7B (as inserted by 1993 c. 8, s. 24, Sch. 3 Pt. III para. 7(4); S.I. 1995/631, art. 2)

S. 5 applied (31.3.1995) by S.I. 1987/460 (N.I. 5), art. 4A(11) (as inserted by 1993 c. 8, s. 25, Sch. 4 Pt. IV para 5(4); S.I. 1995/631, art. 2)

S. 5 applied (31.3.1995) by 1969 c. 10 (N.I.), Sch. 1A (as inserted by 1993 c. 8, s. 25, Sch. 4 Pt. V para. 6(6); S.I. 1995/631, art. 2)

S. 5 applied (30.7.1998) by S.I. 1998/1504 (N.I. 9), art. 56(8); S.R. 1998/260, art. 2(a)

S. 5 applied (8.4.1996) by S.I. 1995/757 (N.I. 3), art. 4(5), Sch. 1 para. 3(2); S.R. 1996/122 art. 2

S. 5 applied (31.6.1998) by S.I. 1998/1506 (N.I. 10), arts. 3(c), 75(4)

S. 5 applied (prosp.) by S.I. 1998/2839 (N.I. 20), arts. 1(3), 8(7)

S. 5 applied (27.7.1994) by S.I. 1994/1993 (N.I. 14), art. 4(3)

S. 5 applied (6.4.1996) by S.I. 1995/3213 (N.I. 22), art. 167(4); S.R. 1996/91, art. 2(c), Sch. Pt. III

S. 5 applied (31.7.1996) by S.I. 1996/1141 (N.I. 6), arts. 27(2), 30(2); S.R. 1996/267, art. 2

S. 5 applied (25.8.1996) by S.I. 1996/1299 (N.I. 9), arts. 2(4), 33(4), 41(5), 42(3), 49, 55(7), 56(6), Sch. 1 Pt. II para. 2, Sch. 2 para. 9

S. 5 applied (16.7.1996) by S.I. 1996/1298 (N.I. 8), art. 5(4), Sch. 1 para. 8(4)

S. 5 applied (16.7.1996) by S.I. 1996/1297 (N.I. 7), art. 4(4), Sch. 1 para. 8(4)

S. 5 applied (1.10.1997) by S.I. 1996/3120 (N.I. 10), arts. 39(10), 91(3); S.R. 1997/372, art. 2

S. 5 applied (24.9.1996) by S.I. 1996/1921 (N.I. 18), art. 25(2)

S. 5 applied (10.2.1999) by S.I. 1998/1071 (N.I. 6), arts. 40(1); S.I. 1999/56, art. 2(2)

S. 5 applied (31.1.1999) by S.I. 1998/1504 (N.I. 9), art. 40(5), Sch. 3 para. 13; S.I. 1999/25, art. 2(a)(c)

S. 5 applied (30.6.1997) by S.I. 1997/869 (N.I. 6), art. 71(11); S.R. 1997/273, art. 2(2), Sch.

S. 5 applied (2.3.1998) by S.I. 1997/2777 (N.I. 18), art. 30(3); S.R. 1998/53, art. 2, Sch.

S. 5 applied (6.10.1999) by S.I. 1997/2778 (N.I. 19), art. 77(3); S.I. 1999/373, art. 2, Sch.

S. 5 applied (6.10.1999) by S.I. 1997/2778 (N.I. 19), art. 59(7); S.I. 1999/373, art. 2, Sch.

S. 5 applied (27.8.1996) by S.I. 1996/1632 (N.I. 11), arts. 1(2), 9(6)

S. 5 applied (N.I.) (1.10.1997) by 1970 c. 32 (N.I.), s. 6A(11) (as inserted (1.10.1997) by 1996 c. 46, s. 25; S.I. 1997/2164, art. 2)

S. 5 applied (1.7.1995) by S.I. 1995/755 (N.I. 2), art. 183(3); S.R. 1995/248, art. 2(c)

S. 5 applied (N.I.) (1.1.1998) by 1968 c. 29 (N.I.), s. 32A(2) (as inserted (1.1.1998) by S.I. 1996/3160 (N.I. 24), art. 58(1), Sch. 5 para. 2; S.I. 1997/523, art. 2(i)

S. 5 applied (1.1.1998) by S.I. 1986/595 (N.I. 4), art. 50A(6), Sch. 2A Pt. I para. 1(4) (as inserted (1.1.1998) by S.I. 1996/3160, art. 51(4), Sch. 4; S.I. 1997/523, art. 2(h)

S. 5 applied (25.7.1997 for specified purposes by S.I. 1997/267, art. 2(f); otherwise 1.1.1998 by S.I. 1997/523, art. 2(f)) by S.I. 1996/3160, art. 57

S. 5 applied (prosp.) by S.I. 1995/2993 (N.I. 17), arts. 1(2), 26(5), 29(5)

S. 5 excluded (1.7.1999) by S.I. 1999/1096, art. 3(2); S.I. 1998/3178

S. 5 applied (24.8.2001) by S.I. 1999/662 (N.I. 6), art. 36(3); S.R. 2001/283, art. 2

S. 5 applied (1.12.2000) by Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (N.I. 4), art. 25 (as amended by S.I. 1999/3147 (N.I. 11), art. 20(5); S.R. 2000/209, art. 2(a))

S. 5 applied (1.12.2000) by Matrimonial Causes (Northern Ireland) Order 1978 (N.I. 15), art. 26B(2) (as inserted by S.I. 1999/3147 (N.I. 11), art. 18, Sch. 3 para. 5; S.R. 2000/209, art. 2(a)(e))

S. 5 applied (1.12.2000) by Matrimonial Causes (Northern Ireland) Order 1978 (N.I. 15) , art. 33 (as amended by S.I. 1999/3147 (N.I. 11), art. 18, Sch. 3 para. 8; S.R. 2000/209, art. 2(a)(e))

S. 5 applied (1.12.2000) by Matrimonial Causes (Northern Ireland) Order 1978 (N.I. 5), art. 27D (as amended by S.I. 1999/3147 (N.I. 11), art. 19, Sch. 4, para. 3; S.R. 2000/209, art. 2(a)(e))

S. 5(1) extended (1.7.1999) by S.I. 1999/1096, art. 3(8); S.I. 1998/3178

S. 5 applied (prosp.) by S.I. 1999/2789 (N.I. 8), arts. 1(2), 38

S. 5 applied (1.12.1999) by S.I. 1999/3147, (N.I. 11) arts. 73(2), 1(4)

S. 5 applied (N.I.) (22.11.2000 for specified purposes and otherwise 2.7.2001) by 2000 c. 4 (N.I.), s. 59, Sch. 7 para. 20(6) (with s. 66(6)); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2001/141, art. 2(1), Sch. Pt. III

S. 5 applied (N.I.) (23.11.2000) by 2000 c. 32, ss. 76(5), 79(2)(c)

S. 5 applied (8.10.2001) by S.I. 2001/2564 (N.I. 2), art. 8(4); S.R. 2001/337, art. 2

S. 5 applied (8.10.2001) by S.I. 2001/2564 (N.I. 2), art. 4, Sch. 2 para. 1(2); S.R. 2001/337, art. 2

S. 5 applied (14.12.2001) by S.I. 1987/463 (N.I. 7), art. 23C(3) (as inserted (14.12.2001) by 2001 c. 24, ss. 97, 127(2)(d))

S. 5 applied (prosp.) by S. I. 1998/1504 (N.I. 9), art. 44E(5) (as inserted by 2002 c. 26, ss. 56, 87)

S. 5 applied (1.12.2003) by S. I. 1998/1504 (N.I. 9), arts. 36C(7), 36E(10), 36H(3), (as inserted by 2002 c. 26, ss. 54, 55, 87; S.R. 2003/488, art. 2, Sch.)

S. 5 applied (1.12.2003) by S.I. 1998/1504 (N.I. 9), arts. 3B(3), 3C(a) (as inserted by 2002 c. 26, ss. 57, 87; S.R. 2003/488, art. 2, Sch.)

S. 5 applied (1.12.2003) by S.I. 1998/1504 (N.I. 9), art. 33A(11) (as inserted by 2002 c. 26, ss. 59, 87; S.R. 2003/488, art. 2, Sch.)

S. 5 applied (24.7.2002) by 2002 c. 26, s. 90(5)

C54S. 5 applied by S.I. 1981/156 (N.I. 3), art. 22A(4) (as inserted (1.9.2003 for certain purposes otherwise 1.11.2003) by The Housing (Northern Ireland) Order 2003 (S.I. 2003/412), art. 124(5); S.R. 2003/270, art. 2(3), Sch. 2)

C55S. 5 applied by S.I. 1988/1990 (N.I. 23), art. 7A(3) (as inserted (1.9.2003 for certain purposes otherwise 1.11.2003) by The Housing (Northern Ireland) Order 2003 (S.I. 2003/412), art. 137(3); S.R. 2003/270, art. 2(3), Sch. 2)

C57S. 5 applied (N.I.) (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)), arts. 1(3), 75(4); S.R. 2005/4, art. 3 (with transitional provisions in arts. 4-7)

C69S. 5 applied by S.I. 1981/154 (N.I. 1), art. 180C(4) (as inserted (N.I.) (9.6.2008) by The Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), art. 21; S.R. 2008/244, art. 2 (and the said S.R. 2008/244, art. 3 re-numbered the originally inserted art. 180D as art. 180C))

C75S. 5 applied (N.I.) (prosp.) by S.I. 1978/1045 (N.I. 15), art. 26E(2) (as inserted by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13) (N.I.), ss. 98, 118, {Sch. 5 para. 3})

C76S. 5 applied (N.I.) (prosp.) by S.I. 1978/1045 (N.I. 15), art. 27G(3) (as inserted by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13) (N.I.), ss. 98, 118, {Sch. 5 para. 7})

C80S. 5(1) modified (10.4.2001) by 2001 c. 6, s. 4(10)

6 Statutory Instruments of which drafts are to be laid before Parliament. E+W+S+N.I.

(1)Where by this Act or any Act passed after the commencement of this Act it is provided that a draft of any statutory instrument shall be laid before Parliament, but the Act does not prohibit the making of the instrument without the approval of Parliament, then, in the case of an Order in Council the draft shall not be submitted to His Majesty in Council, and in any other case the statutory instrument shall not be made, until after the expiration of a period of forty days beginning with the day on which a copy of the draft is laid before each House of Parliament, or, if such copies are laid on different days, with the later of the two days, and if within that period either House resolves that the draft be not submitted to His Majesty or that the statutory instrument be not made, as the case may be, no further proceedings shall be taken thereon, but without prejudice to the laying before Parliament of a new draft.

(2)Where any Act passed before the date of the commencement of this Act contains provisions requiring that a draft of any Order in Council or other document to be made in exercise of any power conferred by that or any other Act shall be laid before Parliament before being submitted to His Majesty, or before being made, as the case may be, and that it shall not be so submitted or made if within a specified period either House presents an address to His Majesty or passes a resolution to that effect, then, subject to the provisions of any Order in Council made under this Act, a draft of any statutory instrument made in exercise of the said power shall by virtue of this Act be laid before Parliament and the provisions of the last foregoing subsection shall apply thereto accordingly in substitution for any such provisions as aforesaid contained in the Act passed before the said date.

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Modifications etc. (not altering text)

C82S. 6 excluded (1.7.1999) by S.I. 1999/1096, art. 3(2); S.I. 1998/3178

7 Supplementary provisions as to ss. 4, 5 and 6.E+W+S+N.I.

(1)In reckoning for the purposes of either of the last two foregoing sections any period of forty days, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(2)In relation to any instrument required by any Act, whether passed before or after the commencement of this Act, to be laid before the House of Commons only, the provisions of the last three foregoing sections shall have effect as if references to that House were therein substituted for references to Parliament and for references to either House and each House thereof.

(3)The provisions of sections four and five of this Act shall not apply to any statutory instrument being an order which is subject to special Parliamentary procedure, or to any other instrument which is required to be laid before Parliament, or before the House of Commons, for any period before it comes into operation.

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Modifications etc. (not altering text)

C83S. 7 excluded (1.7.1999) by S.I. 1999/1096, art. 3(2); S.I. 1998/3178

S. 7 extended (1.7.1999) by 1999/1096, art. 3(8); S.I. 1998/3178

8 Regulations.E+W+S+N.I.

(1)[F7The Secretary of State] may, with the concurrence of [F8the Speaker of the House of Commons and the Speaker of the House of Lords], by statutory instrument make regulations for the purposes of this Act, and such regulations may, in particular:

(a)provide for the different treatment of instruments which are of the nature of a public Act, and of those which are of the nature of a local and personal or private Act;

(b)make provision as to the numbering, printing, and publication of statutory instruments including provision for postponing the numbering of any such instrument which does not take effect until it has been approved by Parliament, or by the House of Commons, until the instrument has been so approved;

(c)provide with respect to any classes or descriptions of statutory instrument that they shall be exempt, either altogether or to such extent as may be determined by or under the regulations, from the requirement of being printed and of being sold by [F9or under the authority of] the King’s printer of Acts of Parliament, or from either of those requirements;

(d)determine the classes of cases in which the exercise of a statutory power by any rule-making authority constitutes or does not constitute the making of such a statutory rule as is referred to in subsection (2) of section one of this Act, and provide for the exclusion from that subsection of any such classes;

(e)provide for the determination by a person or persons nominated by [F8the Speaker of the House of Commons and the Speaker of the House of Lords] of any question—

(i)as to the numbering, printing, or publication of any statutory instrument or class or description of such instruments:

(ii)whether or to what extent any statutory instrument or class or description of such instruments is, under the regulations, exempt from any such requirement as is mentioned in paragraph (c) of this subsection:

(iii)whether any statutory instrument or class or description of such instruments is in the nature of a public Act or of a local and personal or private Act:

(iv)whether the exercise of any power conferred by an Act passed before the commencement of this Act is or is not the exercise of a power to make a statutory rule.

(2)Every statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F9Words in s. 8(1)(c) inserted (retrospective to 26.3.1946) by 1996 c. 54, s. 1(1)(a)

Modifications etc. (not altering text)

C87S. 8 amended (2.12.1999) by 1998 c. 47, s. 85(11) (with s. 95); S.I. 1999/3209, art. 2, Sch.

S. 8 excluded (1.7.1999) S.I. 1999/1096, art. 3(2); S.I. 1998/3178

S. 8 modified (12.2.2000) by 2000 c. 1, s. 1(8), Sch. para. 3(2); S.I. 2000/396, art. 2

C88S. 8(1): functions transferred to the Secretary of State (31.10.2006) by The Transfer of Functions (Statutory Instruments) Order 2006 (S.I. 2006/1927), art. 3(a)

9 Powers to extend Act to other orders, etc. and to modify application of certain provisions thereof.E+W+S+N.I.

(1)If with respect to any power to confirm or approve orders, rules, regulations or other subordinate legislation conferred on a Minister of the Crown by any Act passed before the commencement of this Act, it appears to His Majesty in Council that, notwithstanding that the exercise of that power did not constitute the making of a statutory rule within the meaning of the M2Rules Publication Act 1893, it is expedient that the provisions of this Act should apply to documents by which that power is exercised, His Majesty may by Order in Council direct that any document by which that power is exercised after such date as may be specified in the Order shall be known as a “statutory instrument” and the provisions of this Act shall apply thereto accordingly.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(3)A draft of any Order in Council proposed to be made under this section shall be laid before Parliament.

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Amendments (Textual)

Marginal Citations

10 Commencement of Act.E+W+S+N.I.

(1)This Act shall come into operation on such date as His Majesty may by Order in Council appoint:

Provided that, without prejudice to the provisions of [F11section 13 of the M3Interpretation Act 1978], the last foregoing section and, in relation to any Order in Council made thereunder, the provisions of sections six and seven of this Act shall come into operation on the passing of this Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

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Amendments (Textual)

F11Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C891.1.1948 appointed under s. 10(1) by S.I. 1948/3

Marginal Citations

11 Interpretation.E+W+S+N.I.

(1)For the purposes of this Act, any power to make, confirm or approve orders, rules, regulations or other subordinate legislation conferred on the Treasury, . . . F13, the Board of Trade or any other government department shall be deemed to be conferred on the Minister of the Crown in charge of that department.

(2)If any question arises whether any board, commissioners or other body on whom any such power as aforesaid is conferred are a government department within the meaning of this section, or what Minister of the Crown is in charge of them, that question shall be referred to and determined by [F14the Minister for the Civil Service].

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Amendments (Textual)

F13Words repealed by S.I. 1964/488, Sch. 1 Pt. II

F14Words substituted by virtue of S.I. 1968/1656, art. 2(2), Sch.

[F1511AApplication in relation to WalesE+W+S+N.I.

(1)References in this Act to any Act include references to any Measure or Act of the National Assembly for Wales.

(2)Sections 4 to 7 and 8(1)(b) apply as if the references in them to—

(a)Parliament,

(b)either or each House of Parliament, or

(c)both Houses of Parliament,

include references to the National Assembly for Wales.

(3)In the application of subsection (1) of section 4 by virtue of subsection (2), the reference to the Speaker of the House of Commons and the Speaker of the House of Lords is to the Presiding Officer of the National Assembly for Wales.

(4)Where—

(a)by any Act it is provided that any statutory instrument shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales, and

(b)a copy of the instrument is not laid before that Assembly at least 21 days before the instrument comes into operation,

notification shall be sent to the Presiding Officer of that Assembly when a copy of the instrument is laid before that Assembly drawing attention to the fact that a copy of it has not been laid before that Assembly at least 21 days before it comes into operation and explaining why.

(5)In the application of section 5 by virtue of subsection (2)—

(a)the reference in subsection (1) of that section to a resolution that an Address be presented praying that the instrument be annulled is to a resolution that the instrument be annulled,

(b)in a case where the instrument was made by the Welsh Ministers alone, the power in that subsection of Her Majesty to revoke the instrument by Order in Council is a power of the Welsh Ministers to revoke it by order made by statutory instrument which is to be laid before the National Assembly for Wales after being made, and

(c)the reference in subsection (2) of that section to an Act containing provisions of the kind mentioned in that subsection is to an Act which contains a power in relation to which such provisions apply by virtue of the Government of Wales Act 2006.

(6)In the application of section 6 by virtue of subsection (2) the reference in subsection (2) of that section to an Act which contains provisions of the kind mentioned in that subsection is to an Act which contains a power in relation to which such provisions apply by virtue of the Government of Wales Act 2006.

(7)In the application of section 7 by virtue of subsection (2) the reference in subsection (1) of that section to any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days is to any time during which the National Assembly for Wales is dissolved or is in recess for more than four days.

(8)References in this Act to the Welsh Ministers, other than the second reference in subsection (5)(b), include the First Minister for Wales and the Counsel General to the Welsh Assembly Government.]

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Amendments (Textual)

F15S. 11A inserted by Government of Wales Act 2006 (c. 32), ss. 160, Sch. 10 para. 3 (with Sch. 11 para. 22) the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the date of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

12 Repeal of 56 & 57 Vict. c. 66 and re-enactment of s. 3(3) thereof.E+W+S+N.I.

(1)The M4Rules Publication Act 1893, is hereby repealed.

(2)The publication in the London, Edinburgh or Belfast Gazette of a notice stating that a statutory instrument has been made, and specifying the place where copies thereof may be purchased, shall be sufficient compliance with the provisions of any enactment, whether passed before or after the commencement of this Act, requiring that instrument to be published or notified in that Gazette.

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Marginal Citations

13 Short title and extent.E+W+S+N.I.

(1)This Act may be cited as the Statutory Instruments Act 1946.

(2)This Act shall apply to any statutory instrument made by His Majesty in Council or by any Minister of the Crown (not being a rule-making authority within the meaning of the M5Rules Publication Act (Northern Ireland) 1925) in so far as it extends to Northern Ireland, but except as aforesaid this Act shall not extend to Northern Ireland.

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