This House of Lords Library Briefing provides an overview of how scrutiny of delegated legislation takes place in both Houses and considers the impact of Brexit on it.
Brexit and Delegated Legislation (406 KB , PDF)
Delegated legislation is law made by ministers under powers given to them by Acts of Parliament. Reasons for the use of delegated, rather than primary legislation, may include:
This briefing provides an overview of how scrutiny of delegated legislation takes place in both Houses and considers the impact of Brexit on it.
Individual pieces of delegated legislation are often called secondary legislation to distinguish them from primary legislation contained in Acts of Parliament. Statutory instruments (SIs) are the most frequently used type of delegated legislation. Parliamentary scrutiny of secondary legislation most commonly takes the form of negative or affirmative procedures.
Brexit has posed legislative challenges. Several parliamentary committees have expressed concern that the volume and scope of secondary legislation necessary to implement the UK’s withdrawal from the EU would be substantial. Initial government estimates were that between 800 and 1,000 statutory instruments would be required, although this number has been revised down to approximately 600 SIs.
Amendments were agreed during the passage of the European Union (Withdrawal) Bill to introduce a sifting function in both the Lords and the Commons. This applies to SIs made under certain sections of the act that the has Government proposed should be subject to the negative procedure; each committee (European Statutory Instruments Committee in the Commons, the Secondary Legislation Scrutiny Committee in the Lords) can recommend that the SI would instead be more appropriately subject to the affirmative procedure.
On 27 March 2019, the House of Lords approved regulations, required to amend in UK law ‘the exit day’ specified in the European Union (Withdrawal) Act, to reflect agreement reached with the European Union to extend the two-year article 50 period beyond 29 March 2019.
Brexit and Delegated Legislation (406 KB , PDF)
In January 2025 the House of Lords Constitution Committee published a report on the responsibility of the government (the executive) to oversee the constitution. It concluded that the UK’s constitutional arrangements would benefit from several improved safeguards, such as the appointment of a senior minister to advise on constitutional matters and for advisory bodies to be put on a statutory footing.
The Chagos Archipelago has been the subject of a long-standing dispute over its sovereignty between the UK and Mauritius. Having been retained by the UK since 1965, the largest island, Diego Garcia, later became the site of a joint UK-US military base. In May 2025, the UK reached an agreement to transfer sovereignty of the islands back to Mauritius, while maintaining an initial 99-year lease of Diego Garcia. The agreement also includes security and financial provisions.
National policy statements (NPSs) inform decision-making for nationally significant infrastructure projects. The current NPS for nuclear power generation (EN-6) has effect for listed nuclear projects capable of being deployed by the end of 2025. Both the current and previous governments have consulted on a new NPS (EN-7) that would apply to nuclear power stations expected to be deployed after 2025. This briefing gives an overview of NPSs, the proposed new NPS for nuclear power generation and the reaction to it, as well as the current government’s policy on nuclear energy.
