Votes and decisions
How statutory instrument votes work
Statutory instruments are the most common form of delegated, or secondary, legislation. They are used to make detailed legal rules under powers that Parliament has already granted in an Act. When Parliament votes on an instrument, the question is usually whether to approve it or stop it—not how to rewrite its individual provisions.
Short answer
A statutory instrument uses a power already contained in an Act of Parliament. The Act specifies what parliamentary procedure, if any, applies. Where a vote is required, MPs or peers usually decide whether the instrument as a whole should be approved, annulled or prevented from being made.
What is a statutory instrument?
An Act of Parliament often sets the main policy and gives a minister or another body power to make more detailed rules later. Legislation made under that delegated power is called delegated or secondary legislation. A statutory instrument, often shortened to SI, is the most common form.
Parliament passes an Act
The Act creates the legal framework and grants a power to make specified further rules.
An instrument is prepared
A minister or other authorised body uses that delegated power to prepare regulations, an order or another instrument.
It may be laid before Parliament
Where parliamentary procedure applies, the instrument is formally presented—or “laid”—before Parliament.
The specified procedure applies
The parent Act determines whether approval is required, whether Parliament can object within a period, or whether no parliamentary procedure applies.
The legal effect follows
The instrument can be made, remain in force, be annulled or fail to proceed depending on the procedure and any parliamentary decision.
The starting point
The parent Act sets the rules
The Act that grants the delegated power is often called the parent or enabling Act. It defines what the power can be used for and normally specifies whether an instrument follows the affirmative, negative or another procedure.
This is why two instruments that both contain regulations can face different parliamentary processes. The title alone does not tell you whether Parliament must actively approve the instrument.
Affirmative and negative procedures
These are the two main forms of parliamentary control. The important difference is whether Parliament must actively approve the instrument or whether it can take effect unless Parliament objects.
Affirmative procedure
An affirmative instrument requires an approval resolution. Most are laid in draft and cannot be made until the required House or Houses approve them.
- A Commons vote may use wording such as “That the draft Regulations be approved”.
- Some urgent instruments are made first and must then be approved within a specified period to remain in force.
- If the required approval is not obtained, the instrument cannot proceed or cannot continue in force, depending on the procedure.
Negative procedure
A negative instrument does not normally need a positive approval vote. It can take effect unless Parliament successfully objects within the period set by law, usually 40 days for the main negative procedure.
- Members can table a motion objecting to the instrument, commonly called a “prayer”.
- Tabling a prayer does not itself guarantee a debate or vote in the Commons.
- If a fatal motion to annul is agreed within the applicable procedure, the instrument is stopped.
Where does the Commons decision happen?
The debate and the final parliamentary decision are not always the same event. This matters when reading a vote record.
Delegated Legislation Committee
Many affirmative instruments are first considered by a Delegated Legislation Committee. Any MP may attend and speak, but only the appointed committee members vote there. The committee considers the instrument; it does not itself give the Commons’ final approval.
The House decides the approval motion
After committee consideration, an affirmative instrument still needs the Commons approval required by the parent Act. If that approval motion is divided on, the recorded Ayes and Noes are the House’s decision on whether to approve the instrument.
Wording you may see in an SI vote
The motion wording tells you whether the House is approving the instrument, seeking to stop it or simply recording a view about it.
| Wording or description | What it usually means |
|---|---|
| “That the draft … Regulations be approved” | An affirmative approval motion. An Aye supports giving the parliamentary approval required for that draft instrument. |
| “That the … Order be approved” | An approval motion concerning an order rather than regulations. The legal form differs, but the vote is still on approval of the instrument. |
| “praying that the instrument be annulled” | A fatal objection to a negative instrument. An Aye on the motion supports annulling the instrument. |
| “that the draft instrument be not made” | An objection to a draft negative instrument. If agreed under the applicable procedure, the draft cannot be made. |
| “regret” or “take note” | Often a non-fatal way—particularly in the Lords—to put concerns or an opinion on record without preventing the instrument from taking effect. |
A major difference from a Bill
Parliament cannot usually amend a statutory instrument
When Parliament considers an ordinary statutory instrument, it normally cannot rewrite individual regulations or insert amendments in the way it can amend a Bill. The formal choice is generally whether to approve the instrument, allow it to continue, or reject or annul it under the procedure that applies.
If the Government wants different wording, it may need to withdraw or replace the instrument, lay another instrument, or use primary legislation depending on the legal power available.
What role does the House of Lords have?
Most statutory instruments subject to parliamentary procedure are considered by both Houses, although some instruments—particularly those dealing with finance—are Commons-only. The House of Lords also scrutinises delegated legislation through specialist committees.
Both Houses may be required
For a draft affirmative instrument that requires approval by both Houses, Commons approval is only one part of the process. The Lords must also give the approval required by the parent Act.
The Parliament Acts do not apply
The Parliament Acts provide a limited route around Lords disagreement for certain primary Bills, but not for delegated legislation. If an instrument requires the Lords’ approval and the Lords rejects it, Commons approval alone cannot use the Parliament Acts to bring that instrument into effect.
Rejection of statutory instruments by the Lords is unusual in practice, but the legal position differs from the Parliament Acts framework for qualifying public Bills.
What does an SI vote result tell you?
Worked example from Project Open Gov
A real statutory instrument vote
Approving a statutory instrument allows the legal change set out in the draft regulations or order to proceed. This division recorded the Commons' decision on that approval motion.
Draft Plant Health, Seeds, Seed Potatoes and Plant Propagating Material (Amendment) (Northern Ireland) Regulations 2026
The figures show the numerical result. Read the motion wording to determine whether those Ayes and Noes approved, rejected or otherwise responded to the instrument.
How Project Open Gov presents statutory instrument votes
Project Open Gov uses the statutory instrument vote label where the official title and motion indicate that the Commons is deciding business concerning regulations, an order or another statutory instrument. The motion and source links remain important because the vote type alone does not tell you whether the House was approving, annulling or considering another motion about the instrument.
The live result then shows the recorded Ayes and Noes, majority, party breakdown and official source alongside the explanatory context available for that division.
Continue learning
Use the related guides to classify a vote, interpret the numerical result, or distinguish statutory-instrument business from votes during a Bill’s passage.
Votes and decisions
Return to the main votes learning area.
Open section →What kind of vote is this?
Identify the vote category from the title, motion and parliamentary context.
Read guide →How to understand a vote result
Read Ayes, Noes, majority, division numbers and party breakdowns.
Read guide →How bill stage votes work
Understand votes during Second Reading, Committee, Report Stage and Third Reading.
Read guide →How Lords amendment votes work
Understand Commons decisions on changes made by the House of Lords.
Read guide →Official sources
Use the instrument, its parent Act, the parliamentary motion and the official division record to check exactly what procedure applied and what the vote decided.