Statutory Instruments Act 1946
Geo6/9-10 c. 36 · Enacted 26 March 1946 · Extends to United Kingdom
Annotations to the whole text
Modifications
- C1
Act 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)
- C2
Act extended by Dentists Act 1984 (c. 24, SIF 83:1), s. 52(1)
- C3
Act 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
- C4
Act applied (provinces of Canterbury and York) by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), ss. 35(1), 38(6)
- C5
Act 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)
- C6
Act applied by Building Societies Act 1986 (c. 53, SIF 16), ss. 1, 54(3)(a)(5), 119(5), Sch. 1 para. 12
- C7
Act applied by Financial Services Act 1986 (c. 60, SIF 69), s. 140, Sch. 11 para. 45(1)
- C8
Act applied by S.I. 1987/470, art. 3(4)
- C9
Act applied by S.I. 1988/1988 (N.I. 21), art. 8(3)
- C10
Act applied (provinces of Canterbury and York) by Church of England (Legal Aid and Miscellaneous Provisions) Measure 1988 (No. 1, SIF 21:1), s. 4(6)
- C11
Act applied (E.W.S.) by Electricity Act 1989 (c. 29, SIF 44:1), ss. 1(5), 112(3), Sch. 1 para. 5(2), Sch. 17 para. 35(1)
- C12
Act applied by Care of Cathedrals Measure 1990 (No. 2, SIF 21:8), ss. 16(5), 17, 18(7), 21(2)
- C13
Act applied by S.I. 1990/2595, art. 3(4)
- C14
Act applied (1.3.1993) (provinces of Canterbury and York) by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 28:1), s. 27(4) (with s. 31(6)); Instrument dated 16.2.1993 made by Archbishops of Canterbury and York
- C15
Act 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)
- C16
Act applied (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 16, Sch. 4 para. 1
- C17
Act 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)
- C18
Act modified (E.W.S.) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 120(2)(a)
- C19
Act 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)
- C20
Act applied (24.3.2005) by Constitutional Reform Act 2005 (c. 4), s. 144(3)
- C21
Act applied (27.2.2006) by Constitutional Reform Act 2005 (c. 4), ss. 46(2)(b), 148; S.I. 2006/228, art. 2
- C22
Act applied (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 148, Sch. 1 para. 4(1)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7
- C23
Act applied (3.4.2006) by Criminal Justice Act 2003 (c. 44), s. 330(2A) (as inserted by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 359(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc))
- C24
Act applied (3.4.2006) by Matrimonal and Family Proceedings Act 1984 (c. 42), s. 40A(4)(b) (as inserted by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 381(1); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc))
- C25
Act applied (8.11.2006) by Armed Forces Act 2006 (c. 52), s. 373(2) (with s. 385)
- C26
Act applied (19.7.2007) by Consumers, Estate Agents and Redress Act 2007 (c. 17), ss. 60(2), 66 (with s. 60(7)(9))
- C27
Act applied (19.9.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 49(2), 148; S.I. 2007/2709, art. 2(a)
- C28
Act 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)
- C29
Act applied (6.4.2009) by Human Fertilisation and Embryology Act 1990 (c. 37), Sch. 1 para. 15 (as inserted by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 65, 68, Sch. 7 para. 15(c); S.I. 2009/479, art. 5(g) (with arts. 5(h), 7(1), Sch))
- C30
Act applied (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 176(2), 182(1)(f) (with s. 180, Sch. 22)
- C31
Act applied (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
- C32
Act applied (1.1.2010) by The Ecclesiastical Offices (Terms of Service) Regulations 2009 (S.I. 2009/2108), reg. 23(6)
- C33
Act applied (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 4 para. 1(9) (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6)
- C34
Act applied (1.3.2010) by Planning Act 2008 (c. 29), ss. 117(5), 241(8) (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6)
- C35
Act applied (1.10.2011) by Planning Act 2008 (c. 29), s. 241(8), Sch. 6 para. 2(10) (with s. 226); S.I. 2011/2054, art. 2(b)
- C36
Act applied (1.10.2011) by Planning Act 2008 (c. 29), s. 241(8), Sch. 6 para. 4(8) (with s. 226); S.I. 2011/2054, art. 2(b)
- C37
Act applied (S.) (4.4.2011 for specified purposes, 2.4.2012 in so far as not already in force) by The Public Services Reform (General Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215), art. 2, Sch. 1, Sch. 4 para. 3(6)
- C38
Act applied (1.7.2012) by Mission and Pastoral Measure 2011 (No. 3), ss. 65(7), 112(3) (with ss. 79, 100, 105(4), 107, 108(6), Schs. 8); S.I. 2012/1, art. 2
- C39
Act applied by 2006 c. 41, s. 272(6ZA) (as inserted (1.11.2012) by Health and Social Care Act 2012 (c. 7), ss. 178(7), 306(4); S.I. 2012/2657, art. 2(2))
- C40
Act applied by 2006 c. 41, s. 64(4A) (as inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 172(11), 306(4); S.I. 2013/671, art. 2(3))
- C41
Act applied (with modifications) (14.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), s. 21(2)(7)
- C42
Act applied by 1947 No. 2, s. 6A(7) (as inserted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), ss. 4(1), 21(2); S.I. 2014/1369, art. 2)
- C43
Act applied by 1999 No. 1, s. 17A(10) (as inserted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), ss. 14(2), 21(2); S.I. 2014/1369, art. 2)
- C44
Act applied by 1961 No. 3, s. 32(1G) (as inserted (19.5.2014) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), ss. 4(2), 21(2); S.I. 2014/1369, art. 2)
- C45
Act applied by 1964 No. 2, s. 5A(7) (as inserted (1.7.2015) by Ecclesiastical Property Measure 2015 (No. 2), ss. 2(7), 3(2); S.I. 2015/1468, art. 2)
- C46
Act applied by 1956 No. 3, s. 6A(6) (as inserted (1.7.2015) by Ecclesiastical Property Measure 2015 (No. 2), ss. 1(7), 3(2); S.I. 2015/1468, art. 2)
- C47
Act applied (16.3.2016) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), s. 12(5)
- C48
Act applied (1.10.2016) by Safeguarding and Clergy Discipline Measure 2016 (No. 1), ss. 6(8), 12(3); S.I. 2016/938, art. 2
- C49
Act applied by 1988 c. 40, s. 232(4A) (as inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 54(14), 124(5) (with ss. 54(16), 55); S.I. 2018/241, reg. 2(f))
- C50
Act applied (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 42(10), 45(10), 58(7), 124(5) (with s. 55); S.I. 2018/241, reg. 2(e)(g)
- C51
Act applied (with modifications) (10.5.2018) by Legislative Reform Measure 2018 (No. 5), s. 9(4)
- C52
Act applied (10.5.2018) by Statute Law (Repeals) Measure 2018 (No. 1), s. 2(5)
- C53
Act applied (10.5.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(4) (with Sch. 4 Pt. 1)
- C54
Act applied (10.5.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), s. 14(5)
- C55
Act applied by 2011 No. 3, Sch. 4 para. 7(7) (as substituted (1.7.2018) by Mission and Pastoral etc. (Amendment) Measure 2018 (No. 4), ss. 6(2), 14(3); S.I. 2018/722, art. 2(a) (with Sch. para. 3))
- C56
Act applied (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), ss. 94(2), 99(2) (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2
- C57
Act applied (20.12.2018) by Church Property Measure 2018 (No. 8), s. 53(1), s. 53(4)
- C58
Act applied (20.12.2018) by Ecumenical Relations Measure 2018 (No. 6), s. 4(2), s. 4(5)
- C59
Act applied (4.7.2019) by Church Representation and Ministers Measure 2019 (No. 1), s. 3(5)
- C60
Act applied (16.3.2020) by Church of England (Miscellaneous Provisions) Measure 2020 (No. 1), s. 16(5)
- C61
Act applied (1.9.2020) by Church of England (Miscellaneous Provisions) Measure 2020 (No. 1), ss. 2(12), 16(3); S.I. 2020/835, art. 2
- C62
Act applied (29.4.2021) by Diocesan Boards of Education Measure 2021 (No. 1), s. 24(6) (with Sch. 2 para. 6)
- C63
Act applied (29.6.2021) by Diocesan Boards of Education Measure 2021 (No. 1), s. 16(8) (with Sch. 2 para. 6)
- C64
Act applied (26.10.2023) by Online Safety Act 2023 (c. 50), ss. 224(4), 240(4)
- C65
Act applied (26.12.2023) by Energy Act 2023 (c. 52), ss. 9(13), 334(3)(a)
- C66
Act applied (3.4.2025) by Chancel Repair (Church Commissioners’ Liability) Measure 2025 (No. 1), s. 6(2)(4) (with s. 6(5))
- C67
Act applied (18.12.2025) by Abuse Redress Measure 2025 (No. 4), s. 33(2)(4)
- C68
Act applied (E.) (8.7.2026) by Clergy Conduct Measure 2026 (No. 1), s. 73(2)(6)
Commencement
- I1
Act partly in force at Royal Assent see s. 10(1); Act wholly in force at 1.1.1948
Contents
- 1Definition of “Statutory Instrument”.
- 2Numbering, printing, publication and citation.
- 3Supplementary provisions as to publication.
- 4Statutory Instruments which are required to be laid before Parliament.
- 5Statutory Instruments which are subject to annulment by resolution of either House of Parliament.
- 6Statutory Instruments of which drafts are to be laid before Parliament.
- 7Supplementary provisions as to ss. 4, 5 and 6.
- 8Regulations.
- 9Powers to extend Act to other orders, etc. and to modify application of certain provisions thereof.
- 10Commencement of Act.
- 11Interpretation.
- 11AApplication in relation to Wales Repealed
- 11BApplication in relation to assimilated direct legislation etc
- 12Repeal of 56 & 57 Vict. c. 66 and re-enactment of s. 3(3) thereof.
- 13Short title and extent.
1Definition of “Statutory Instrument”.C1C2C3C4
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—
in the case of a power conferred on His Majesty, to be exercisable by Order in Council;
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
2Numbering, printing, publication and citation.C2C1
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 F1or under the authority of the King’s printer of Acts of Parliament.
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.
3Supplementary provisions as to publication.C1
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 F1or under the authority of the King’s printer of Acts of Parliament was first issued by or under the authority of that office; and in any legal proceedings a copy of any list so published F2purporting 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 or under the authority of His Majesty’s Stationery Office.
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 or 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.
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.
4Statutory Instruments which are required to be laid before Parliament.C3
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 F1to 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.
Every copy of any such statutory instrument sold by F2or under the authority of the King’s printer of Acts of Parliament shall bear on the face thereof:
a statement showing the date on which the statutory instrument came or will come into operation; and
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.
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.
5Statutory Instruments which are subject to annulment by resolution of either House of Parliament.C51C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20C21C22C23C24C25C26C27C28C29C30C31C32C33C34C35C36C37C38C39C40C41C42C43C44C45C46C47C48C49
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.
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.
6Statutory Instruments of which drafts are to be laid before Parliament.C9C1
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.
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.
7Supplementary provisions as to ss. 4, 5 and 6.C1
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.
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.
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.
8Regulations.C1
F1The Secretary of State may, with the concurrence of F2the 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:
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;
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;
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 F3or under the authority of the King’s printer of Acts of Parliament, or from either of those requirements;
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;
provide for the determination by a person or persons nominated by the Speaker of the House of Commons and the Speaker of the House of Lords of any question—
as to the numbering, printing, or publication of any statutory instrument or class or description of such instruments:
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:
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:
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.
Every statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
9Powers to extend Act to other orders, etc. and to modify application of certain provisions thereof.
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 M1Rules 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
A draft of any Order in Council proposed to be made under this section shall be laid before Parliament.
10Commencement of Act.
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 F1section 13 of the M1Interpretation 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
11Interpretation.
For the purposes of this Act, any power to make, confirm or approve orders, rules, regulations or other subordinate legislation conferred on the Treasury, . . . F1, 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.
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 F2the Minister for the Civil Service.
11AApplication in relation to WalesF1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11BApplication in relation to assimilated direct legislation etc
F1For the purposes of this Act, if any F2assimilated direct legislation confers a power, which is expressed to be exercisable by Order in Council or statutory instrument, to make, confirm or approve any orders, rules, regulations or other subordinate legislation, this Act applies in relation to any document by which that power is exercised as if the assimilated direct legislation were an Act passed after the commencement of this Act.
For the purposes of this Act, if regulations under the European Union (Withdrawal) Act 2018 F3or the Direct Payments to Farmers (Legislative Continuity) Act 2020 confer a power, which is expressed to be exercisable by Order in Council or statutory instrument, to make, confirm or approve any orders, rules, regulations or other subordinate legislation, this Act applies in relation to any document by which that power is exercised as if the regulations conferring the power were an Act passed after the commencement of this Act
12Repeal of 56 & 57 Vict. c. 66 and re-enactment of s. 3(3) thereof.
The M1Rules Publication Act 1893, is hereby repealed.
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.
13Short title and extent.
This Act may be cited as the Statutory Instruments Act 1946.
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 M1Rules 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.