Statutory Instruments

Question 1

What are statutory instruments?

Answer 1

Crucial source of law.

There are three main types:

1. Regulations - intended to fill in the detail of the “substantive” law.
2. Rules - usually used to set out the procedures which must be followed, particularly in court processes.
3. Orders - have various specialised functions including bringing into force sections of Acts after they have been passed.

Question 2

What are regulations?

Answer 2

Each numbered paragraph is referred to as a “regulation” - not section.

Sometimes decided into Parts and may include Schedules

Often, commend on the date on which they are made. It commenced at a later date - the specific date will be stated in the regulations themselves.

Do not confused the date of commencement with the date when regulations are made - this date is in “introductory Text” at the beginning of the regulations.

Introductory Text section will include details of the act and any EU legislation.

The Signature section at the end of the regulation (before schedules) contains the name and title of Secretary of State who signed.

Question 3

In relation to regulations, what are explanatory memoranda?

Answer 3

Explanatory memoranda - details of the government department which created the regulation and describes its background.

There is a policy background section which sets out aspects of the regulations which are new and ask refers to consultations with various interest parties.

It sends with a more details regulatory impact assessment justifying why the regulations are needed.

Question 4

In relation to regulations, what are explanatory notes?

Answer 4

Usually interested at the end of the regulations and will summarise the main changes introduced.

If there is no explanatory memorandum - this note may contain a more detailed explanation of the regulations.

Question 5

What are rules?

Answer 5

Each numbered paragraph is referred to as a “rule” - not section.

Sometimes divided into parts and at include schedules.

The Introductory Text stated when particular rules were made.

Often, rules commence on the date they were made. If not, the specific date will be state in the rules themselves.

Explanatory memoranda and explanatory notes can also be used.

Important example - Civil, Criminal and Family Procedure Rules

Question 6

What are orders?

Answer 6

Used to bring sections of acts into force but also used for other functions (such as minimal requirements)

Each number paragraph is referred to as an “article” - not section.