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Current publishing requirements for secondary legislation

Until Part 3 of the Legislation Act 2019 comes into force, some references in legislation to Part 3 of the Legislation Act 2019 link to this page.

Read on for information about publishing requirements for secondary legislation. If you came to this page from a reference in legislation, you can use your back button to return to that legislation.

Once it comes into force, Part 3 of the Legislation Act 2019 will set the publishing requirements for all secondary legislation. The PCO anticipates that this Act will come into force in the last quarter of 2021, at the same time as the Secondary Legislation Act 2021.

Until then, the publishing requirements for secondary legislation are those that apply to it under the Legislation Act 2012 and the empowering Act under which the secondary legislation is made.

If the secondary legislation is a legislative instrument, the PCO publishes it on the legislation website.

Secondary legislation that is not a legislative instrument must be published in the way (if any) required by its empowering Act. The publishing requirements in the empowering Act might be found in transitional provisions in a Schedule to the Act (see, for example, Land Transport Act 1998 Schedule 1, Part 3, subpart 2).  

In all cases, the person who made the secondary legislation or the agency that administers it may also arrange for it to be published in other ways, in addition to those required by the empowering Act or the Legislation Act 2012.

Who to contact for more information
  • If you have questions about where to find secondary legislation, contact its maker or administering Agency.
  • If you are the maker of secondary legislation with questions about how you are required to publish your secondary legislation, contact the Agency that administers the empowering Act. 
  • If you are an administering Agency with questions about publishing the secondary legislation you administer, contact your PCO drafting team manager or use the PCO's general contact details.

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