Understanding Primary and Secondary Legislation in the UK

Tornado of newspapers swirling through a dark urban street with wet pavement and lit street lamps

Clear again is the conservative politician’s propensity to trade on ignorance. Remember the slogan of the big red bus of the Brexit campaign. All the abject nonsense that was said and written in 2016. It would be extremely charitable to call these intentional inaccuracies. There’s a three-letter word that sums them up. In theory, Parliament has rules. In practice, those rules are abused. That is until miscreants are exposed. Those politicians that misled the House of Commons over parties in Downing Street during the COVID pandemic shouldn’t be forgotten.

It’s a simple question. How many people know the difference between primary and secondary legislation? As far as I know these aspects of the UK’s method of making laws is not taught in schools. I think it’s vital that people of all ages get the opportunity to explore how their democracy works. Including its inherent peculiarities.

[Here’s a national event, later in the year, which can help. It’s free and already possible to plan for UK Parliament Week in November 2026[1].]

Back to the difference between primary and secondary legislation? A tabloid newspaper editor may see that question and fall about laughing. On the basis that the subject is not widely understood, instead of explaining, they may choose to write any drivel that serves their agenda. Day after day this sleight of hand provides bold headlines and support for misleading political campaigns. Then, if the truth pops its head above the parapet cries of Fake News ripple through the right-wing media.

By the way, the sad fact about this common distortion is an erosion of trust[2]. It’s no wonder that Parliament can be seen as remote from real-life. It’s regular inhabitants a strange breed of people who go native as soon as the walk through its hallowed doors.

During the UK’s membership of the European Union (EU) it expanded. In certain specific technical areas, its “competence” grew. Member States agreed to give it new roles and responsibilities. As an example, before aviation legislation was harmonised in Europe, national legislation had to be amended to accommodate every major change that developed. In the UK, both primary and secondary legislation were applied. They are now. That consists of a UK Air Navigation Act and an Order[3]. The Act being the primary legislation and the Order being the secondary legislation. These two rules are not new as they have been part of the UK’s national aviation landscape for decades.

Above here I’ve kicked at the UK’s tabloid media. Well, they are merely doing what they have always done. There’s something in morbid consistency. What’s more disturbing are the lines being taken by a national media that might be expected to be objective. Read this short article and the predisposition shines through, and this is the BBC[4].

Sir Keir Starmer is planning a law which will mean that the UK government can adopt EU single market rules, without a normal parliamentary vote.

One, it’s the personalisation. This is the government of the day and not an individual. Two, it’s the incorrect use of the word “normal.”  As I’ve stated, secondary legislation is perfectly normal. In fact, the UK’s normal regulatory structures depend upon it being in place and up-to-date.


[1] https://www.ukparliamentweek.org/en/sign-up

[2] https://fullfact.org/media/uploads/full_fact_report_121021.pdf

[3] https://www.legislation.gov.uk/uksi/2016/765/contents

[4] https://www.bbc.co.uk/news/articles/c937jkvp3w8o

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Author: johnwvincent

Our man in Southern England

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