In this article we look at why different nations and areas across the UK have different laws.
Devolution is the term used where the UK Parliament transfers powers to other parts of the UK, this includes powers transferred to the Scottish Parliament, the Senedd (Welsh Parliament) and the Northern Ireland Assembly. Powers can also be transferred within England to the Greater London Authority, combined authorities (CAs) and combined county authorities (CCAs) which form a layer of regional government.
Whilst Scotland kept its own legal system when the United Kingdom of Great Britain was created in 1707, devolution has been increasingly implemented since the 1990s to give nations and regions increased control over local matters, ensuring that people and communities get a say in the things that affect them locally.
The current Northern Ireland Assembly was established in 1998 following the Good Friday Agreement, with the Welsh Assembly (the precursor to the Senedd) and the modern Scottish Parliament being established a year later. Each has the ability to create their own legislation for their nation, although UK Parliament retains responsibility for laws covering certain things such as defence, foreign affairs and trade.
Within England there is regional devolution, with legislation implemented in 2009 enabling the creation of combined authorities. This gives authorities the power to create rules for their own area, where responsibility has been transferred to them via a Parliamentary Order.
UK Devolution
The UK Parliament has transferred law-making and executive powers to national parliaments and the assembly in Scotland, Wales and Northern Ireland. This gives control of public policy to each country in relation certain things, including:
- local government;
- health and social care;
- education and training;
- environment and housing;
- agriculture, forestry and fishing;
- economic development, tourism and culture; and
- transport.
Scotland, Wales and Northern Ireland have the ability to create their own primary legislation (Acts) for devolved matters, which is why they often have different laws to those that apply in England, which is still governed by UK Parliament in Westminster.
It’s also the reason why each nation has its own regulators, such as the Scottish Environment Protection Agency (SEPA), Natural Resources Wales (NRW) and Northern Ireland Environment Agency (NIEA) who enforce compliance with environmental law in each jurisdiction, with the Environment Agency regulating compliance in England.
English Devolution
In England, some functions are transferred to regional government, which includes the Greater London Authority, combined authorities (CAs) and combined county authorities (CCAs). These bodies don’t have the power to create primary laws (Acts), but they can create orders and local byelaws and set up bodies to enforce compliance.
CAs and CCAs can make rules on various regional and local matters, including:
- transport and infrastructure;
- housing and planning;
- economic development;
- public safety; and
- environment and climate change (such as implementing low emission zones).
As an example, the Greater Manchester Combined Authority (GMCA) was established in 2011, consisting of 10 members from each constituent council and the directly elected mayor of Greater Manchester. It is a strategic authority, with control of various functions including public transport, waste management, planning and regeneration across the county of Greater Manchester.
Combined authorities (CAs) are established under the Local Democracy, Economic Development and Construction Act 2009 and combined county authorities (CCAs) are established under the Levelling-up and Regeneration Act 2023 (LURA). The English Devolution and Community Empowerment Act 2026 was passed in April 2026, supporting and amending the LURA and wider legislation to further enable the devolution of power in England.
Information on current and planned combined authorities in England can be found here.
