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Section 1 Definition of “Statutory Instrument”.C1C2C3C4

United Kingdom

(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.

(1A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Annotations

Textual amendments

F1

S. 1(1A) omitted (1.1.2026) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(4), Sch. 3 para. 1(a); S.I. 2025/1160, art. 2(e)

Marginal citations

M1

1893 c. 66.

Modifications

C1

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

C2

S. 1 applied (E.W.S) (23.3.2004) by The European Parliamentary Elections Regulations 2004 (S.I. 2004/293), reg. 15(5)

C3

S. 1 applied (N.I.) (30.4.2004) by The European Parliamentary Elections (Northern Ireland) Regulations 2004 (S.I. 2004/1267), reg. 16(5)

C4

S. 1 excluded (S.) (6.4.2011) by Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), s. 58(3), Sch. 2 para. 3(2) (with Sch. 2 para. 6); S.S.I. 2011/17, art. 3(a)