Acts and Statutory Instruments: The Volume of UK Legislation 1850 To 2019
Acts and Statutory Instruments: The Volume of UK Legislation 1850 To 2019
Acts and Statutory Instruments: The Volume of UK Legislation 1850 To 2019
Contents
Summary 3
1. UK Parliament 4
1.1 Acts 4
1.2 Bills 5
1.3 Private Members’ Bills 6
1.4 Success and Failure: Government and Backbench legislation 6
1.5 Legislative topics 7
1.6 Statutory Instruments 8
1.7 Devolution and UK Parliament Legislation 9
1.8 Legislative Consent Motions 10
1.9 ‘English Votes for English Laws’ 10
1.10 Amendments 10
2. Scottish Parliament 11
2.1 Acts 11
2.2 Scottish Statutory Instruments (SSI) 11
2.3 Success and Failure of Bills 11
2.4 Legislative topics 12
3. Welsh Assembly 14
3.1 Measures and Acts 14
3.2 Welsh Statutory Instruments 14
3.3 Legislative topics 14
4. Northern Ireland Assembly 16
4.1 Acts, Rules and Orders 16
4.2 Legislative topics 17
5. Pages of Legislation 18
5.1 Pages in UK Government Acts 18
5.2 Pages in UK SIs 18
5.3 Annual totals of pages in UK Acts and SIs 19
6. Sessional data 20
6.1 Bills and Acts 20
6.2 Private bills 20
6.3 Delegated legislation – Statutory Instruments 21
6.4 Time Spent Debating Legislation, UK Parliament 23
Cover page image copyright: Anla Mendrek, ‘Volumes’ (19 September 2015) by Anla
Mendrek.
3 Acts and Statutory Instruments: the volume of UK legislation 1850 to 2019
Summary
While the number of Acts has generally been in decline over the last 40
years, the number of Statutory Instruments (many of which are not
considered by or laid before Parliament) has increased.
This paper looks at the volume of legislation. It covers both primary and
secondary (or delegated) legislation. Figures are shown for calendar years
and Parliamentary sessions, the length of which varies depending on the
timing of general elections and Queen’s Speeches.
1. UK Parliament
1.1 Acts
NUMBER OF ACTS, 1900-2019
180
140
120
100
80
60
40
20
0
1900
1910
1920
1930
1940
1950
1960
1970
1980
1990
2000
2010
2019
Source: https://www.legislation.gov.uk/, Roger Mortimore and Andrew Blick, Butler's British political fActs
(Palgrave, 2018), 307-310, House of Commons Library
There has been a downward trend in the number of Acts passed in WESTMINSTER PARLIAMENT LEGISLATION
Acts Bills % Success
the UK from 1900 to present. From 1900 to 1939, an average of
1950-2019 4,140 9,478 30%
112 Acts were passed each Parliamentary session. This declined to
1900-1949 5,528 9,840 36%
78 Acts each session in the 1950s and 1960s. Each subsequent 1800-1884 28,053 - -
decade to 2010 has experienced a slight fall compared to the 1688-1800 13,600 20,805 67%
previous. In the 1970s, 73 Acts were passed each session on 1485-1688 2,700 - -
average, falling to 62 in the 1980s, 54 in the 1990s, 47 in the
Sources: Julian Hoppit, ‘Patterns of
2000s. There was then a small rise to 49 Acts each year in the 2010s. Parliamentary Legislation’, Historical Journal
Data relating to 2019 is correct as of June 2019, and includes legislation (1996), John Prest, Liberty and Locality
(Oxford, 1990), Roger Mortimore and
passed in Edinburgh and Cardiff within its totals. Data for the Andrew Blick, Butler's British political fActs
(Palgrave, 2018), 307-310,
Parliament for Northern Ireland (1921-72) is incomplete, and not https://www.legislation.gov.uk/,
included here.
An approximate total of 4,200 Acts have been passed from 1950 to
2019, whilst around 13,200 proposed bills have been presented in
Westminster, Edinburgh and Cardiff: a success
ACTS PER MILLION, 1900-2017
rate of 32%. Four-year moving average
1910
1920
1930
1940
1950
1960
1970
1980
1990
2000
2010
1.2 Bills
The involvement of Parliamentarians and Governments in legislating
may also be measured through counting the number of bills proposed
in any given session.
The number of bills, of all types, introduced into the Westminster
Parliament have averaged around 150 per session since 1980, a rise
from the average of 115 per session from 1945 to 1970. This compares
to an average of 226 from 1900 to 1939 and 308 from 1870 to 1900.
An average of 148 Public bills were presented from 1801 to 1835 per
session.
NUMBER OF BILLS PRESENTED TO THE WESTMINSTER PARLIAMENT 1850-2019
500
450
Public bills only All bills
400
350
300
250
200
150
100
50
0
1850
1860
1870
1880
1890
1900
1910
1920
1930
1940
1950
1960
1970
1980
1990
2000
2010
Sources: Sessional Returns to the House of Commons (1987-2017), Public Bills: Return to Orders (1900-30, 1947-
87), List of Bills, Reports, Estimates, Accounts and Papers (1854-1900), Return of Number of Divisions (1834-46),
Return of Number of Public Bills presented to House of Commons (1822-1835).
3.5
2.5
1.5
0.5
0
1870
1880
1890
1900
1910
1920
1930
1940
1950
1960
1970
1980
1990
2000
2010
Sources: Number of Divisions (1834-46), Return of Number of Public Bills presented to House of Commons (1822-
1835), Return of Number of Days on which House of Commons sat in each Month of Sessions 1831-81 (1881),
Return of Number of Days on which House of Commons sat in Session (1871-1889), Sittings of the House (1888-
1901), Business of the House (days occupied) (1901-31), Parliamentary Trends (2009), Sittings of the House
(2010), Sessional Returns (to 2017), Sessional Returns to the House of Commons (1987-2017), Public Bills: Return
to Orders (1900-30, 1947-87), List of Bills, Reports, Estimates, Accounts and Papers (1854-60, 1870-1900), Roger
Mortimore and Andrew Blick, Butler's British political fActs (Palgrave, 2018), 307-310.
Backbench MPs tend to introduce more bills than Government PMB Government
ministers, but also have far lower levels of success in turning bills into 1997/98 6.4% 98.1%
Acts. 1998/99 7.7% 87.1%
1999/2000 5.8% 97.5%
During the 2016/17 session, the Government introduced 27 bills, 24 of
2000/01 0.0% 80.8%
which became law (89%), whilst backbenchers introduced 117 Private
2001/02 7.0% 100.0%
Members Bills (PMBs), of which 8 (7%) became law. 1 The chart to the 2002/03 12.7% 91.7%
right shows that from 1997 to 2017, Government bills tended to have a 2003/04 5.2% 91.7%
success rate of above 80%, with a lowest success-rate of 65.6% in the 2004/05 0.0% 65.6%
2004/5 session. The best success rate for PMBs was in 2002/3, when 2005/06 2.6% 91.4%
12.7% became law. In terms of numbers of bills given royal assent, 13 2006/07 4.2% 88.2%
PMBs became Acts in 2002/3, and 10 became Acts in 1997/8, 2012/13 2007/08 2.8% 93.8%
and 2014/15. 2009/10 4.1% 84.6%
The chart below shows that the largest number of PMBs passed in any 2010/11 9.1% 100.0%
2011/12 2.6% 85.7%
one session after 1948 was in 1966/7, when 34 PMBs became Acts. An
2012/13 7.5% 82.4%
average of 17 PMBs became Acts each year in the 1960s, falling to 10 a
2013/14 2.8% 80.6%
year on average in 1970s, before rising to around 13 for the 1980s and
2014/15 6.1% 96.3%
1990s. The average of 5 successful PMBs a year in the 2000s is thus
2015/16 3.7% 85.2%
below the average for the previous fifty-year period.
2016/17 4.9% 89.3%
SUCCESSFUL PMBs Sources: House of Commons Library Papers
Successful Private Members’ Bills since 1983,
1948-2017 Bills Gaining Royal Assent since 1997, House
of Commons Information Office, The
35 Success of Private Members Billss
30
25
20
15
10
0
1950
1960
1970
1980
1990
2000
2010
2016
Sources: House of Commons Library, Successful Private Members’ Bills since 1983, Bills Gaining Royal
Assent since 1997, House of Commons Information Office, The success of Private Members Billss
1
Hansard Society, ‘Backbench Activity’ (2018)
7 Acts and Statutory Instruments: the volume of UK legislation 1850 to 2019
75%
50%
25%
0%
1950
1960
1970
1980
1985
1997
2005
2010
2015
Acts Government Acts Other
Sources: House of Commons Sessional Returns (1997-present) and Public bills. Return to an order (1947-1985/6)
75%
50%
25%
0%
1950
1960
1970
1980
1985
1997
2005
2010
2015
Sources: House of Commons Sessional Returns (1997-present) and Public bills. Return to an order (1947-1985/6)
2
Institute For Government, Parliamentary Monitor (2018), 83-5.
Number CBP 7438, 17 June 2019 8
4,000
3,500
3,000
2,500
2,000
1,500
1,000
500
-
1950 1960 1970 1980 1990 2000 2010 2019
3
Institute For Government, Whitehall Monitor (2014), 102.
4
Institute For Government, Whitehall Monitor (2018), 71.
5
Institute For Government, Whitehall Monitor (2014), 102.
6
Institute For Government, Whitehall Monitor (2019), 77.
9 Acts and Statutory Instruments: the volume of UK legislation 1850 to 2019
The House of Commons Library has estimated that an average of STATUTORY INSTRUMENTS
13.2% of UK instruments were EU-related each year between 1993 and UK Parl, 2015-16 Session
2014. 7 AT-GEN
DFID
Trends in Welsh and Scottish SI are set out further in later sections.
SCOT
The right-hand chart shows that during the 2015/16 Parliamentary NI
session, the largest numbers of SIs came from the Treasury (99), FCO
MOD
Department for Work and Pensions (DWP) (73) and Department for
DCMS
Business, Innovation and Skills (70). The DWP’s high number related to DFE
acting on behalf of the Northern Ireland Department for Social CAB
Development. ‘Other’ bodies laying SIs included the Local Government HMRC
DECC
Boundary Commission, the Health and Safety Executive, and the
TRANSP
Medicines and Healthcare Products Regulatory Agency. DCLG
The Hansard Society estimates that between 1950 and 2017, the House HEALTH
WALES
of Commons has rejected 11 SIs, and the House of Lords, 6. This is a
DEFRA
rejection rate of 0.01% of the total number laid from 1950 to 2017. 8 OTHER
HOME
7
House of Commons Library, EU Obligations: UK Implementing Legislation since 1993
8
Hansard Society, ‘Parliament and delegated legislation in the 2015-16 Session’, (2017),
5.
Number CBP 7438, 17 June 2019 10
1.10 Amendments
The academics Philip Cowley and Meg Russell examined 4,361 proposed
amendments to 12 bills presented from 2005-2012, and found that 886
came from Government ministers. Of those Government amendments
Cowley and Russell defined as ‘substantial’, as opposed to technical and
clarificatory in nature, 60% were traceable to nongovernment
Parliamentarians. 11 Of the 117 substantive Government amendments, at
least 50 were also ‘at least partly traceable’ to a Select Committee. 12
This sample of amendments suggests that backbenchers, especially
those from the Government benches, have had substantial impacts on
legislation in recent years.
9
Institute for Government, ‘Westminster and Whitehall’ (2019)
10
Institute for Government, ‘Westminster and Whitehall’ (2019)
11
Meg Russell and Philip Cowley, ‘The policy power of the Westminster Parliament: The
“Parliamentary State” and the empirical evidence’, Governance (2016), 121-37, at
129-30.
12
Ibid, 131.
11 Acts and Statutory Instruments: the volume of UK legislation 1850 to 2019
2. Scottish Parliament
2.1 Acts
Since the creation of the Scottish Parliament in 1999, the Parliament has
held the right to legislate on a range of topics, but which exclude ACTS AND SSIs
international relations and aspects of the constitution. Several areas Scottish Parliament, 1999-2019
within finance, social security, transport, media and culture and home Acts SIs
affairs are reserved to Westminster. A detailed list of what powers have 1999 1 124
been reserved to Westminster, and a history of devolution in Scotland 2000 12 281
since 1999, can be found in the House of Commons Library briefing 2001 15 398
paper ‘The settled will’. 2002 17 395
2003 17 407
Since 1999, the Scottish Parliament has passed 292 Acts, an average of
2004 15 420
14.6 per calendar year. Excluding 1999, the year the Parliament first
2005 17 477
met, the least number of Acts have been passed in 2008 and 2017
2006 20 435
(both 7), both being years immediately following an election. Scottish
2007 18 582
Parliament election years tended to see some of the highest number of
2008 7 441
Acts passed: 22 Acts were passed in 2016, 18 in 2007 and 17 in 2003.
2009 12 455
2010 18 471
2.2 Scottish Statutory Instruments (SSI) 2011 16 460
The chart on the right also tracks the number of Scottish Statutory 2012 11 360
Instruments (SSIs) created since 1999. There have been 8,389 in total, 2013 14 364
averaging 399 a year. The highest number created in any one year was 2014 19 377
582 in 2007, but this is the only year which SSIs have numbered more 2015 13 447
than 500. 2016 22 438
2017 7 463
SSIs are legislation made by Scottish ministers or a regulatory authority
2018 15 393
in exercise of powers delegated to them by Scottish Parliament Acts.
2019 6* 201*
2.3 Success and Failure of Bills Note: figures to June 2019 only.
Scottish Parliament Information Centre,
‘Scottish Parliament legislation, sessions
Proposed bills are introduced into the Scottish Parliament by Ministers, 1-5’
but also by Members of the Scottish Parliament (MSPs), committees,
and private individuals. The below table shows that Government failure
rate for proposed legislation was low, regardless of Government type
(Coalition from 1999 to 2007, minority from 2007 to 2011 and 2016-
21 and single-party (2011-16)). Governments have seen a very low
failure rate in the legislation that they have proposed.
Backbench MSPs, committees and private-bill promoters experienced a
lower rate of success in sessions from 1999 to 2016, ranging from
seeing 46% bills succeed in 2003-2007, to around 60-65% in the other
three sessions prior to 2016 for which we have complete data. 13 In
total, 54 Acts passed by the Scottish Parliament since devolution have
come from outside the Executive, a higher number and proportion of all
Acts than Westminster during the same period.
13
In the Scottish Parliament, a private bill can be introduced by an individual, group, or
company that relate to the status or property of the promoter. In recent years, this
has included the Scottish National Gallery and Railway improvement bills- see ‘Bills
explained’
Number CBP 7438, 17 June 2019 12
Success Rate
98% 100% 93% 100% 100%
(Executive)
Success Rate
60% 46% 65% 63% 100%
(others)
Source: Scottish Parliament Information Centre, ‘Scottish Parliament legislation, sessions 1-5’
Economic development 3 2 5
Employment and skills 3 1 4
Brexit 1 1
Total 62 66 53 79 32 292
Source: Scottish Parliament Information Centre, ‘Scottish Parliament legislation, sessions 1-5’
Notes: Session 2016-2021 has data for years to June 2019.
14
Mark Shephard and Paul Cairney, ‘The impact of the Scottish Parliament in amending
legislation’, Political Studies (2005), 10.
13 Acts and Statutory Instruments: the volume of UK legislation 1850 to 2019
The Scottish Parliament has legislated most actively in the field of health
and social services, the regulation of law, courts and contracts, and
regulating the conduct of public bodies (including the Parliament and
elections), with at least 30 Acts passed relating to each of these topics.
Acts can be classified under multiple subjects, but only the single most
relevant has been selected here. The Scotland Act 2015/16 provided for
the devolution of powers over air passenger duty, certain aspects of
welfare, speed limits, the British Transport Police and the Crown
estate. 15 Several of these powers also experienced a delay in their
introduction. 16
15
House of Commons Library, Scotland Bill 2015-16, 4 June 2015
16
House of Commons Library, ‘The Settled Will: Devolution in Scotland, 1998-2018’ ,
33.
Number CBP 7438, 17 June 2019 14
The figures for ‘fallen legislation’ in the table only include Measures and STATUTORY INSTRUMENTS
bills that are formally introduced to the Assembly, excluding other Wales, 1999-2019
proposals from backbench AMs. In the 2011-16 Assembly, 55 proposals 1999 28
were put forward for consideration, which were then put to a series of 2000 122
ballots by AM’s. 17 So far in the 2016-21 Assembly, 43 proposals have 2001 242
been put forward to a ballot. 18 2002 212
2003 215
2004 192
3.2 Welsh Statutory Instruments 2005 191
Since 1999, the Welsh Government has created 4,830 Statutory 2006 222
instruments, compared to 8,389 in Scotland. Over these 20 years, the 2007 215
annual average of Welsh Government SIs rose from 182 (1999-2009) to 2008 181
282 (2009-2019). 2009 191
2010 166
2011 323
3.3 Legislative topics 2012 325
2013 321
The legislative powers of the Welsh Assembly have expanded since the 2014 350
creation of the Assembly from the 1998 Government of Wales Act. The 2015 314
2017 Wales Act granted the Assembly and Welsh Government Ministers 2016 295
new powers over elections, business rates, road transport and equal 2017 296
opportunities. The National Assembly website has a detailed list of all 2018 259
reserved powers. The House of Commons Library briefing paper further 2019 170*
sets out the changing nature of devolution in Wales: “A process, not an
*2019 data only to June 2019
event”.
Source: Welsh Assembly,
Legislation, accessed 18 June 2019
17
Pre-ballot proposals- Fourth Assembly (2011-2016), accessed 12 June 2019
18
Pre-ballot proposals- Fifth Assembly (2016-2021), accessed 12 June 2019
15 Acts and Statutory Instruments: the volume of UK legislation 1850 to 2019
Since 2008, the Welsh Assembly has passed the greater number of
Measures and Acts relating to education, health and social services, and
housing. The present Assembly is due to run until 2021, and these totals
are likely to change. It is important to note that counting Acts is only a
proxy measure for the concern of the Assembly for an issue, as
Measures and Acts are not equal in their scope, importance or effect.
Acts can be classified under multiple subjects, but only the single most
relevant has been selected here.
SUBJECTS OF LEGISLATION
Welsh Assembly Acts and Measures, by Assembly date
Assembly
2016-19* 2011-16 2008-11 Total
Education 6 5 11
Health and social services 2 5 3 10
Housing 3 3 2 8
Enviroment & planning 1 4 1 6
Social Security, Pensions
1 3 4
& child support
Civil service & public
1 1 2 4
bodies
Local Government 2 2 4
Transport 1 2 3
Budget & Finance 1 1 2
Economic development 1 1 2
Justice, prisons and
2 2
policing
Employment and skills 2 2
Culture & sport 1 1 2
Brexit 1 1
Total 12 27 22 61
17 324 3
2001
2003 456 19
Assembly
2004 386 23
suspended Oct
2005 462 20
2002- May 2007
2006 426 22
2007 3 410 11
2008 13 361 2
2009 9 342 2
2010 16 431 0
2011 29 442 0
2012 5 462 0
2013 10 308 0
2015 10 424 1
2016 30 427 1
2017 241 0
2018 211 0
Assembly
suspended Jan
2017-present 117 0
2019*
A relative period of stability between May 2007 and early 2017 allowed
the Assembly to pass 137 Acts, an average of 13.7 per year. The most
legislatively-productive years were 2011, with 29 Acts, and 2016, with
30 Acts. The Assembly was suspended from October 2002 to May
2007, and again from January 2017 onwards, meaning no Acts were
passed. From 2002 to 2007, 95 Orders in Council were approved, an
average of 19 per year. Since 2008, only 6 Orders in Council have been
approved.
In total, 142 bills were presented to the Northern Ireland Assembly from
1999 to 2011, all but 16 being introduced by members of the Executive.
Of these 16 non-Executive bills, 5 became law (31%). 23 of the 126 bills
proposed by the Executive failed to become Acts (18%). 19
19
Northern Ireland Assembly, ‘Bills introduced in the Assembly, 1991-2011’
17 Acts and Statutory Instruments: the volume of UK legislation 1850 to 2019
SUBJECTS OF LEGISLATION
Northern Ireland Acts, 2000-17
2000-2002 2007-2017 Total
Budget 6 23 29
Enviroment & planning 2 18 20
Social Security, Pensions &
7 12
child support 19
Health and social services 2 15 17
NI civil service & public bodies 2 16 18
Economic development 5 10 15
Civil law regulation 6 9 15
Transport 1 9 10
Housing 2 7 9
Justice, prisons and policing 1 6 7
Local Government 1 4 5
Education 0 4 4
Employment and skills 1 3 4
Culture & sport 0 1 1
Total 36 137 173
Source: Northern Ireland Assembly, Legislation, accessed 12 June 2019 and House of Commons
Library calculations.
The subjects of Assembly Acts are shown in the table. Acts can be
classified under multiple subjects, but only the single most relevant has
been selected here. The table suggests that amongst the subjects
devolved to the Assembly, aside from budgetary and civil Government
matters, it has been most legislatively active in the fields of economic
policy, social security, health and social services. It is important to note,
however, that counting Acts is only a proxy measure for the concern of
the Assembly for an issue: these figures do not include fallen bills, and
Acts passed are not equal in their scope, importance or effect.
20
Northern Ireland Assembly, 2011-2016 Mandate Acts and Primary Legislation- Bills
that fell at the end of the 2011-2016 Mandate
Number CBP 7438, 17 June 2019 18
5. Pages of Legislation
5.1 Pages in UK Government Acts
An alternative measure of the volume of legislation passed by
Parliament is the number of pages of legislation. The following chart
shows the average number of pages in UK Government Acts from 1930
to 2016. Whilst there was an average of 16 pages per act from 1930 to
1950, this rose to 21 (1950-80), 33 (1980-90), 46 (1990-2000), to reach
85 (2000-2010).
The Institute for Government has found that legislation passed between
2007 and 2015 typically grew in length by around 40% due to
amendments made during the bill’s passage through both houses. 22
AVERAGE NUMBER OF PAGES IN UK GOVERNMENT ACTs, 1930-2016
140
120
100
80
60
40
20
0
1930 1940 1950 1960 1970 1980 1990 2000 2010 2016
10
0
1960 1970 1980 1990 2000 2008
Note; 2009 is the last year for which figures in this data series are available due to changes in the way
statutory instruments were published.
21
Stationary Office, Annual volumes of Acts
22
Institute For Government, Parliamentary Monitor (2018), 39.
19 Acts and Statutory Instruments: the volume of UK legislation 1850 to 2019
12,000
10,000
8,000
Statutory Instruments
6,000
4,000
2,000
Public and General Acts
6. Sessional data
6.1 Bills and Acts
Some statistics are also available for Parliamentary sessions, which vary in
length. The latest available figures are for the 2016/17 session. The table
counts the bills that started in the House of Commons or were brought
to the Commons having started in the House of Lords.
PUBLIC BILLS BY SESSION, 1997/8 TO 2016/17
Received
Bills Of which Royal
Sitting days introduced (a) Government Assent
Bills fall into two main types: Government Bills and Private Members’
(back-bench) Bills. Almost all Government Bills are debated and
subsequently become law (having passed through both Houses of
Parliament); generally these receive Royal Assent in the same session in
which they are introduced, but in some cases Bills can be carried forward
to the next session. Bills, including Government Bills, may be “lost” at
the end of a session, especially when there is a General Election.
Many Private Members’ Bills are introduced but are not discussed at all
and, of those that are allocated time for debate, relatively few are passed.
(a) Introduced into the House of Commons or brought from the House of Lords; includes
suspended or revived Bills (those carried over from one session to the next)
Sources: House of Commons Sessional Diaries from 2001
23
Instruments which are required to be laid only before the Commons – generally those
relating to taxation – are considered by the Commons Select Committee on SIs.
24
Generally the Delegated Legislation Committee, but can be the Scottish or NI Grand
Committee.
Number CBP 7438, 17 June 2019 22
25
Statutory Instrument procedure in the House of Commons, accessed 18 June 2019.
23 Acts and Statutory Instruments: the volume of UK legislation 1850 to 2019
26
See Bills whose Commons committee stage has been taken in committee of the
whole House Parliamentary Information List SN/PC/5435.
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