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UK Law Reference

Law in the UK: British Law, the Laws of England and the Three Legal Systems

Law in the UK is not one body of “British law”. The United Kingdom has three separate legal systems — one each for England and Wales, Scotland and Northern Ireland — so the law that applies can differ depending on which part of the UK is involved and on which legislature made the rule. The UK Parliament can legislate for any part of the UK, while the Scottish Parliament, Senedd Cymru and the Northern Ireland Assembly make laws for their own nations.

This page explains how those pieces fit together: what people usually mean by “British law”, what the “laws of England” are, where UK law comes from, and how to find and read it. It is general information, not legal advice.

Law in the UK at a glance

Three legal systems

England and Wales, Scotland, and Northern Ireland. The UK Supreme Court is the final court of appeal for civil cases from all three.

Four lawmaking legislatures

The UK Parliament, the Scottish Parliament, Senedd Cymru (the Welsh Parliament) and the Northern Ireland Assembly all pass Acts.

Main sources of law

Acts (primary legislation), secondary legislation such as statutory instruments, devolved legislation, case law made by judges’ decisions, and EU-derived law after Brexit.

Final courts of appeal

The Supreme Court is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. In Scotland the High Court of Justiciary is the final court of appeal in criminal cases, apart from devolution and compatibility issues, which can go to the Supreme Court.

Is there such a thing as British law?

There is no single legal system called “British law”. The judiciary of England and Wales describes the position this way: the United Kingdom has three separate legal systems, and Scotland and Ireland (later Northern Ireland) retained their own legal systems and traditions under the Acts of Union 1707 and 1800. If “British law” is taken to mean law that applies across the whole UK, the closest equivalent is legislation with a UK extent; if it is taken to mean law across Great Britain, it is legislation with a GB extent (explained below).

The official legislation website, legislation.gov.uk, records the extent of legislation: the jurisdictions for which it is law. A UK extent is England, Wales, Scotland and Northern Ireland; a GB extent is England, Wales and Scotland. Every section of an Act has its own extent, so different sections of one Act can have different extents. Always check the extent before relying on a rule. For the areas usually made for the whole UK, and those left to the nations, see reserved matters, devolved matters and UK-wide law.

The laws of England (and Wales)

legislation.gov.uk explains that the three jurisdictions within the UK are England and Wales, Scotland and Northern Ireland, and adds: “England and Wales are not separate jurisdictions.” The courts structure described by the judiciary likewise covers England and Wales together. So “the laws of England” is best understood as the part of the law of the England and Wales jurisdiction that applies in England: Acts of the UK Parliament that apply in England (some extend to England and Wales, Great Britain or the whole UK; some apply to England only), and the decisions of the courts of England and Wales. legislation.gov.uk’s guidance also warns that the extent shown on legislation.gov.uk can be wider than where a provision actually applies: an Act whose extent is England and Wales may apply only in Wales.

Wales also has its own lawmaking body. Section 107 of the Government of Wales Act 2006 provides that the Senedd may make laws, known as Acts of Senedd Cymru; it does not affect the power of the UK Parliament to make laws for Wales; and it records that the UK Parliament will not normally legislate on devolved matters without the Senedd’s consent. Some law therefore applies in Wales only.

For a fuller treatment, see English law: the legal system of England & Wales, Welsh law and the Welsh case law index.

Scotland and Northern Ireland

Each has its own legislature. Under section 28 of the Scotland Act 1998 the Scottish Parliament may make laws, known as Acts of the Scottish Parliament, subject to section 29. Under section 5 of the Northern Ireland Act 1998 the Assembly may make laws, known as Acts, subject to sections 6 to 8. Both sections preserve the UK Parliament’s power to make laws for the nation concerned.

Each also has its own courts and judiciary. The Scottish Courts and Tribunals Service lists the Court of Session and the High Court of Justiciary under “The Supreme Courts”, together with the Sheriff Appeal Court and the Sheriff and Justice of the Peace Courts; Northern Ireland has its own judiciary (Judiciary NI). The judiciary of England and Wales describes the Supreme Court of the United Kingdom as a United Kingdom body, legally separate from the courts of England and Wales. In Scotland the High Court of Justiciary is the final court of appeal in criminal cases, apart from devolution and compatibility issues, which can go to the Supreme Court.

See Scottish law, Northern Irish law, the side-by-side comparison of the three legal systems, and the case law indexes for Scotland and Northern Ireland.

Where UK law comes from

  • Acts (primary legislation). legislation.gov.uk describes primary legislation as the main laws passed by the legislative bodies of the UK, such as Acts of the UK Parliament, the Scottish Parliament, the Welsh Parliament and the Northern Ireland Assembly. See the legislation index and the glossary entries for Act of Parliament and statute.
  • Statutory instruments (secondary legislation). Secondary, or subordinate, legislation is delegated legislation made by a person or body under authority contained in primary legislation. The main types are Statutory Instruments (called Statutory Rules and Orders before 1948), which include Scottish and Welsh Statutory Instruments; Statutory Rules of Northern Ireland, the equivalent of Statutory Instruments for Northern Ireland; and Church Instruments. Browse the statutory instruments index.
  • Case law. The National Archives describes case law as the body of law created by judges’ decisions in court cases, which can set precedents that guide future cases. The judiciary notes that the UK’s constitution is found in statutes passed by Parliament and in the common law, which developed over centuries in the decisions of the courts. See the case law index and the glossary entries for common law, case law and precedent.
  • Devolved legislation. Acts of the Scottish Parliament, Acts of Senedd Cymru and Acts of the Northern Ireland Assembly (see above) apply in their own nations.
  • EU-derived law after Brexit. Section 1 of the European Union (Withdrawal) Act 2018 repeals the European Communities Act 1972. Section 2(1) provides that EU-derived domestic legislation, as it had effect immediately before IP completion day (31 December 2020 at 11.00 p.m., as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), continues to have effect on and after IP completion day, and section 3(1) provides that direct EU legislation, so far as operative immediately before IP completion day, forms part of domestic law on and after that day. Section 5 of the Retained EU Law (Revocation and Reform) Act 2023 provides that, as regards all times after the end of 2023, “retained EU law” is to be known as “assimilated law”.

The UK Parliament retains authority to legislate on any issue, whether devolved or not, according to Government guidance on devolution; the same guidance records that the UK Government has made clear it will not normally legislate on devolved matters without the agreement of the relevant devolved legislature.

The courts: how a case moves up

In England and Wales, the judiciary explains that all criminal cases start in the Magistrates’ Court, but more serious criminal matters are sent to the Crown Court. Appeals from the Crown Court go to the Court of Appeal (Criminal Division) and potentially the UK Supreme Court. Civil cases usually start in the County Court, with appeals going to the High Court and then the Court of Appeal (to different divisions of those courts). The High Court is also a court of first instance: the judiciary says that some, usually more substantial or complex, civil cases begin there. Tribunals have their own structure and appeal routes.

The Supreme Court is a United Kingdom body, legally separate from the courts of England and Wales. It is the final court of appeal in the UK for civil cases and for criminal cases from England, Wales and Northern Ireland. In Scotland the High Court of Justiciary is the final court of appeal in criminal cases, apart from devolution and compatibility issues, which can go to the Supreme Court. The Supreme Court also hears cases on devolution matters under the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 2006. Read about each court on the courts and tribunals pages, including the Supreme Court, Court of Appeal, High Court, Crown Court, County Court and Magistrates’ Court.

Civil law and criminal law

The judiciary of England and Wales describes civil justice as covering disputes in which people, businesses or other organisations are trying to resolve their disagreements with each other or ensure that their rights are respected. A successful party will normally be awarded damages, or the court may make an order or injunction; civil cases generally do not involve punishment. Criminal cases, by contrast, come to court after a decision (usually by the Crown Prosecution Service) to prosecute someone for an alleged crime; if the defendant is found guilty, a sentence is decided, and the Magistrates’ Court may send a case to the Crown Court for sentencing. These descriptions are of the courts of England and Wales.

Browse by subject in the topics hub, for example contract law, tort law and criminal law, or see constitutional law and public law for how the state is organised.

How a Bill becomes an Act

The Cabinet Office’s guidance explains that a bill is a proposed law introduced into Parliament; in the usual case, once it has been debated and approved by each House and has received Royal Assent, it becomes law and is known as an Act. Most bills go through the following stages in each House:

  1. First reading, a formal stage at which the title of the bill is read out.
  2. Second reading, a debate on the main principles of the bill.
  3. Committee stage, a line-by-line consideration of the detail.
  4. Report stage, where amendments are discussed.
  5. Third reading.

Both Houses normally have to agree on the text before a bill can become an Act, so a bill amended in the second House returns to the first. In limited cases the Parliament Acts 1911 and 1949 allow certain bills to be presented for Royal Assent without the House of Lords’ agreement: Money Bills (section 1 of the 1911 Act), and, after a delay, other public Bills (but not a Bill to extend the maximum duration of Parliament beyond five years) passed by the House of Commons in two successive sessions and rejected by the Lords in each (section 2 of the 1911 Act, as read with the 1949 Act). A Bill counts as rejected if the Lords do not pass it either without amendment or with only amendments both Houses agree (s.2(3)). After Royal Assent, most provisions either come into operation within a set period (commonly two months later) or at a time fixed by the government. An Act may also delegate power to a minister to make regulations, orders or rules, which is secondary legislation. In the devolved legislatures, a Bill becomes an Act when it has been passed by the Scottish Parliament, the Senedd or the Northern Ireland Assembly and has received Royal Assent. Follow Bills currently before Parliament on the bills tracker.

How to find and read the law

legislation.gov.uk says it is the official place of publication for newly enacted legislation. Its revised legislation can show the geographical extent of each provision. For court decisions, the National Archives’ Find Case Law service provides free access to many judgments and tribunal decisions from courts and tribunals in England and Wales, plus the UK Supreme Court and the Privy Council, with coverage for most courts starting in the early 2000s. It is not a complete record of all judgments, and it contains no judgments from Scottish, Northern Irish or Irish courts or tribunals. Check any rule against the official text before you rely on it, because the law changes.

Frequently asked questions

Is there a single “British law”?
No. The United Kingdom has three separate legal systems, one each for England and Wales, Scotland and Northern Ireland. The nearest equivalents are legislation that applies across the whole UK or across Great Britain. legislation.gov.uk records the geographical extent of legislation: a UK extent covers England, Wales, Scotland and Northern Ireland, and a GB extent covers England, Wales and Scotland.
What are the laws of England?
England and Wales are not separate jurisdictions, so the laws of England are the part of the law of the England and Wales jurisdiction that applies in England: Acts of the UK Parliament that apply in England (some extend to England and Wales, Great Britain or the whole UK; some apply to England only), and the decisions of the courts of England and Wales. The extent shown on legislation.gov.uk can be wider than where a provision actually applies. Senedd Cymru can make laws for Wales, so some law applies in Wales only.
Is English law the same as UK law?
No. English law is the law of the England and Wales jurisdiction, which is one of the three legal systems of the United Kingdom. Some Acts of the UK Parliament extend to the whole UK, but Scotland and Northern Ireland keep their own legal systems.
What is the highest court in the UK?
The Supreme Court is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. In Scotland the High Court of Justiciary is the final court of appeal in criminal cases, apart from devolution and compatibility issues, which can go to the Supreme Court.
Where can I read UK legislation for free?
legislation.gov.uk is the official place of publication for newly enacted legislation. The National Archives’ Find Case Law service provides free access to many judgments and tribunal decisions from courts and tribunals in England and Wales, plus the UK Supreme Court and the Privy Council, with coverage for most courts starting in the early 2000s. It is not a complete record, and it contains no judgments from Scottish, Northern Irish or Irish courts or tribunals.

Official sources for this page