HOUSE OF LORDS - United Kingdom Parliament

Types of delegated legislation
10.03 Delegated legislation that comes before the House consists mostly
of statutory instruments. 1 The parent Act makes clear which procedures
apply to the delegated legislation made under its various provisions.
10.04 The most common forms of delegated legislation are:
affirmative instruments 2 which must be approved by resolutions of
both Houses if they are to come into force, or remain in force
having been made, or which may not be made except in response
to an Address by each House to Her Majesty;
negative instruments which are subject to annulment by a resolution
of either House, i.e. have effect unless specifically rejected;
“general instruments”, which may be required to be laid before
Parliament for information but are not subject either to approval
or annulment or to any other kind of proceedings;
instruments not laid before Parliament.
10.05 There are also certain “super-affirmative” procedures, under which
there is an opportunity for initial scrutiny of a proposed instrument,
before the instrument (possibly revised by the government) is brought
forward for approval. Examples include certain legislative reform orders
(paragraphs 10.29–31 and human rights remedial orders (paragraphs
10.32–10.35).
10.06 Other types of delegated legislation include:
hybrid instruments (affirmative instruments which, if they were
primary legislation, would be subject to private business standing
orders: see paragraphs 10.36–10.43);
special procedure orders (which are required where certain
protected categories of land, such as a common, open space or
fuel or field garden allotment 3 , are subject to compulsory
purchase: see paragraphs 10.44–10.45).
1 The Statutory Instruments Act 1946 defines the main categories of statutory instrument.
Other kinds of delegated legislation include codes of practice and conduct.
2 SO 72.
3 See Acquisition of Land Act 1981, s. 19(1).
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