11.2 Primary Legislation The Structure Of An Act Of Parliament

Question 1

Order that a bill goes through House of Commons

Answer 1

First reading
Second reading
Committee stage
Report stage
Third reading
Then to the house of parliament where it goes through the same stages (except for money bills)
Royal assent

Question 2

Literal rule

Answer 2

Literal interpretation of the rule
First way judges interpret statues

Question 3

Statute starts off as a

Answer 3

Bill > statute

Question 4

Intrinsic aid

Answer 4

Looking internally within the statute to aid interpretation
Such as relevant statutory provisions, definitions, headings and marginal notes

Question 5

Hansard is

Answer 5

Parliamentary records
Used as extrinsic aids to help interpret an act

Question 6

Purposive approach to interpretation

Answer 6

Court aims to look at what the parliament intended to achieve by passing a certain type of law

Question 7

Official citation for a statute is the

Answer 7

Year of enactment and chapter number

Question 8

Golden rule

Answer 8

If literal rule results in absurdity ordinary sense of the word can be modified through the golden rule

Question 9

Mischief rule

Answer 9

Allows interpretation in line with parliaments intention
Asks - what mischief was parliament trying to address?

Question 10

Purposive approach

Answer 10

Judges look at the reasons statutes were passed and their purpose

Question 11

Who are members of the Committee? For a review

Answer 11

MPs
Experts in the area covered by the Bill

Question 12

If a bill does not get enough votes to get the though to second reading

Answer 12

Taken off the roll and no further discussions take place

Question 13

Private bill

Answer 13

Impacts a group of people or single person

Question 14

Public bill

Answer 14

Applies to everyone within the jurisdiction ie UK

Question 15

Money bills do not need

Answer 15

The approval of the House of Lords

Question 16

Up until which stage can a bill be amended

Answer 16

Report stage
After this at the third reading no further amendments can be made

Question 17

Reference to Hansard is made to see

Answer 17

What the intentions of the promoters of the bill were

Question 18

Reference to Hansard is made to see

Answer 18

What the intentions of the promoters of the bill were

Question 19

If an act is silent on when it comes into force it will come into force on

Answer 19

The date of the royal assent
Or it includes a commencement section which details that it comes into legal force at a later date than the royal assent

Question 20

Chapter number

Answer 20

Allocated in the chronological order as acts are created

Question 21

Rules of interpretation are actually

Answer 21

Approaches to interpretation or tools to aid judges

Question 22

Parliament does not intend to

Answer 22

Alter common law or legislate retrospectively (that is backwards) unless it says so in express terms
Or deprive someone of liberty or property unless expressly states so
To convict someone without a men’s rea unless expressly stated so
To oust jurisdiction of the court unless expressly stated so

Question 23

Doctrine of implied repeal

Answer 23

Where two inconsistent acts are passed at different times, the most recent act will take effect and be obeyed

Question 24

Secondary legislation

Answer 24

Any law made not by parliament
Statutory instruments which includes regulations and orders

Question 25

Secondary legislation is

Answer 25

Secondary legislation is law created by ministers (or other bodies) under powers given to them by an Act of Parliament

Question 26

Secondary legislation is

Answer 26

Secondary legislation is law created by ministers (or other bodies) under powers given to them by an Act of Parliament

Question 27

Primary legislation

Answer 27

Case law
Statutes

Question 28

Primary legislation

Answer 28

Case law
Statutes

Question 29

The most common form of secondary legislation is

Answer 29

A statutory instrument made by minsters under the authority of parliament with a less onerous approach

Question 30

Short title

Answer 30

Main name of a statute