Statutory Instruments
Act, 1946
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CHAPTER 36
An Act to repeal the Rules Publication Act, 1893, and to make further provision as to the instruments by which statutory powers to make orders, rules, regulations and other subordinate legislation are exercised.[26th March 1946.]
BE it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Definition of “Statutory Instrument”. 1.—(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.
(2) Where by any Act passed before the commencement of this Act power to make statutory rules within the meaning of the 56 & 57 Vict. c. 66.Rules 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.
