4: Legislation as a source of law

Question 1

What is the definition of legislation (1)

Answer 1

Formal written law by a body (aka legislature)

Question 2

There are two main types of legislation. What are they named?

Answer 2

Primary legislation and secondary legislation

Question 3

There are two primary legislatures. Who are these?

Answer 3

Parliament and the Privy Council

Question 4

The two primary legislatures are Parliament and the Privy Council. What is the legislation that they create called?

Answer 4

Parliament create Acts of Parliament

The Privy Council create Order of Council

Question 5

Is the following statement true/false?

’ Tax law is made solely by Act of the UK Parliament’

Answer 5

True

Question 6

In the UK, Parliament create Acts of Parliament. What are the equivalent names for Scotland, Wales and NI?

Answer 6

Scotland - Acts of Scottish Parliament
Wales - Acts of Wales Assembly
NI - Acts of NI Assembly

Question 7

There are 5 legislatures for secondary legislation. What are they?

Answer 7

the privy council

ministers of the crown

government depts, public corporations, court rule committees

local govt

professional bodies

Question 8

In what two ways can secondary legislation be proved ‘invalid’ by the Courts?

Answer 8

• If the secondary legislatures exceed the powers of the primary legislatures
• If there is conflict between the legislation presented by the secondary legislatures and the legislation by the primary legislatures

Question 9

Is secondary legislation less than that of primary legislation?

Answer 9

No, legislation made of them is of equal force and effect with legislation enacted by Parliament

Question 10

How are Acts of UK Parliament classified?

Answer 10

Between application and purpose

Question 11

Acts of UK Parliament are classified into application and purpose. Within application, how there are two types of acts. What are these?

Answer 11

Public acts and private acts

Question 12

What is the difference between Public Acts and Private Acts? (4 - 2 each)

Answer 12

Public acts are:

• Initiated by Govt.
• Apply to everyone throughout the UK

Private acts are:

• Initiated outside the Govt.
• Apply to a particular group of people

Question 13

Acts of UK Parliament are classified into application and purpose. What are the 6 acts according to their purpose?

Answer 13

• Declaration act
• Amending act
• Enabling act
• Consolidating act
• Rewrite act
• Codification act

Question 14

which purpose act only exists in tax law?

Answer 14

rewrite act

Question 15

All finance acts are of this type of act. what act is this?

Answer 15

Amending act

Question 16

Order of council
Order in council

which is primary and which is secondary legislation?

Answer 16

Order of council is primary legislation

Order in council is secondary legislation

Question 17

What are the five steps to an enactment of a bill

Answer 17

• First reading
• Second reading
• Committee Stage
• Report Stage
• Third Reading

Question 18

The way in which an Act of Parliament operates may be analysed according to its … (3 things)

Answer 18

• Extent
• Application
• Temporal operation

Question 19

When does an act operate during?

Answer 19

Operates for the time between the commencement and repeal.

Commencement does NOT equal enactment. An Act can be enacted but does not commence for a period of time

Question 20

What are the needs for secondary legislation? (4)

Answer 20

• Parliament does not have time to debate in detail all legislation.
• Some legislation may be best drafted by experts in that area
• Regulations quickly change over time and it would be inefficient to go through the process of enactment
• Relatively minor changes in law do not require the attention of Parliament

Question 21

What are the disadvantages of secondary legislation?

Answer 21

• It errodes the supremacy of Parliament
• There is already a large amount of secondary legislation and is hard to know whether a particular rule of law actually exists
• Secondary legislatures may try to exceed the powers than that of Parliament

Question 22

What does it mean if legislation may ‘include a “sunset” provision’?

Answer 22

This means that rather than when legislation is in force until it is repealed, it is instead in force until a specified date.

Question 23

What does intra vires and ultra vires mean?

Answer 23

intra vires means acting within bestowed powers

ultra vires means acting beyond bestowed powers

Question 24

If delegated legislation is considered ultra vires, what is it now considered as?

Answer 24

void. it will have to be made again and cannot be amended

Question 25

What does the Negative Resolution Procedure state?

Answer 25

The NRP states that the Statutory Instrument will become law on the date stated unless it becomes annulled within 40 days by Parliament

Question 26

What are the two sub-categories within the Affirmative Resolution Procedure?

Answer 26

Draft affirmative procedure

Made affirmative procedure

Question 27

What is Draft affirmative procedure

Answer 27

Draft affirmative procedure is when the statutory instrument cannot be made unless a draft has been approved by both Houses

Question 28

What is Made affirmative procedure

Answer 28

The statutory instrument can be made and come into force before debate but cannot stay in force without both Houses approving within 1 month

Question 29

Statutory instruments which are subject to the affirmative procedure must be considered by (… committee)

Answer 29

Joint Select Committee

Question 30

Which one of the following may not be given the power to make subordinate legislation?

The House of Commons
The Port of London Authority
The Home Secretary
HMRC

Answer 30

The House of Commons

Subordinate legislation = delegated legislation. Parliamenet cannot delegate to themselves

Question 31

Parliament in the UK comprises of three main elements:

Answer 31

House of Commons
House of Lords
The Crown (The Monarchy)

Question 32

Can Parliament overrule case law?

Answer 32

Yes

Question 33

‘Parliament cannot repeal statutes previously written by a previous Parliament’

True or False

Answer 33

False.

Parliament CAN repeal statutes created by previous Parliament.