Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as "acts", that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (often by order-in-council in parliamentary systems, or by regulatory agencies in presidential systems), creating legally enforceable regulations and the procedures for implementing them.
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Primary legislation in the context of Legislative
A legislature (UK: /ˈlɛdʒɪslətʃər/, US: /-ˌleɪtʃər/) is a deliberative assembly that holds the legal authority to make law and exercise political oversight within a political entity such as a state, nation, or city. Legislatures are among the principal institutions of state, typically contrasted with the executive and judicial institutions. They may exist at different levels of governance—national, subnational (state, provincial, or regional), local, or supranational—such as the European Parliament.
In most political systems, the laws enacted by legislatures are referred to as primary legislation. Legislatures may also perform oversight, budgetary, and representative functions. Members of a legislature, called legislators, may be elected, indirectly chosen, or appointed, and legislatures may be unicameral, bicameral, or multicameral, depending on their constitutional design.
Primary legislation in the context of Act of Parliament (UK)
An act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.
An act of Parliament can be enforced in all four of the UK constituent countries (England, Scotland, Wales and Northern Ireland). As a result of devolution the majority of acts that are passed by Parliament increasingly only apply either to England and Wales only, or England only. Generally acts only relating to constitutional and reserved matters now apply to the whole of the United Kingdom.
Primary legislation in the context of Government of the United Kingdom
His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central executive authority of the United Kingdom of Great Britain and Northern Ireland. The government is led by the prime minister (Keir Starmer since 5 July 2024) who selects all the other ministers. The government is currently supported by the Labour party, which has had a majority in the House of Commons since 2024. The prime minister and his most senior ministers belong to the supreme decision-making committee, known as the Cabinet.
Ministers of the Crown are responsible to the House in which they sit; they make statements in that House and take questions from members of that House. For most senior ministers this is usually the elected House of Commons rather than the House of Lords. The government is dependent on Parliament to make primary legislation, and general elections are held at least once every five years to elect a new House of Commons, unless the prime minister advises the monarch to dissolve Parliament, in which case an election may be held sooner. After an election, the monarch selects as prime minister the leader of the party most likely to command the confidence of the House of Commons, usually by possessing a majority of MPs.
Primary legislation in the context of Act of Parliament
An act of parliament, as a form of primary legislation, is a text of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the executive branch.