The form of UK legislation

UK legislation consists of laws either made by Parliament or under the authority of Parliament.

Statutes (primary legislation)


These are Acts of Parliament. They tend to set out the general requirements and provide the legal framework.

Delegated (secondary) legislation


This takes two forms:

Statutory Instruments (SIs)

These are typically Orders or Regulations. They are made by Government Ministers under the authority of the relevant Statute. They are used to bring provisions of a Statute into effect and may be used to add detail to those provisions. Copies of Statutory Instruments (Regulations) published since 1987 are available in full text, free of charge, on the Stationery Office web site (www.hmso.gov.uk); By-Laws which are made by Local Government or other authorities so empowered by Parliament.

The appropriate Act tends to state the broad environmental provisions, with the detailed regulatory requirements being developed and implemented in subsequent Statutory Instruments - usually in the form of regulations. Orders are often used to bring the provisions of Acts into effect (i.e. to commence). One of the key Statutes dealing with environmental issues is the Environmental Protection Act 1990 (EPA90). This sets a framework to regulate a range of environmental concerns including waste management, environmental nuisances (e.g. noise) and litter. However, most of the detailed implementation results from a series of Statutory Instruments - one example being the Waste Management Licensing Regulations 1994 (SI1994/1056).

Another important statute is the Environment Act 1995 (EA95), which includes provisions for the establishment of the Environment Agency. The Environment Act 1995 also sets out a framework for dealing with contaminated land, it enables the introduction of producer responsibility obligations and provides for measures to manage national and local air quality. Many of the detailed requirements of the Environment Act are implemented by regulations supported by official guidance. The Pollution Prevention Act was introduced in 1999 as a framework for introducing Integrated Pollution Prevention and Control (IPPC). During 2000, the Pollution Prevention and Control Regulations were published, containing detailed requirements.

Official Guidance

The UK Government and its agencies (particularly the Environment Agency) produce official guidance to assist with the practical implementation of the legal requirements. There is a wide range of such guidance - it includes codes of practice, circulars, guidance notes and other documents. Much of the guidance is produced specifically to assist the regulatory authorities in conducting their work - but it is also relevant to those being regulated.

It can be expected that the Environment Agency will have an increased role in producing guidance in the future, though much existing guidance has been issued by the Department of the Environment, Food and Rural Affairs (DEFRA).

Some official guidance has statutory standing. Where it is not statutory, those operators who can demonstrate that they have complied with such guidance are normally considered to have met the relevant legal requirements.

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