5.Legislation

Question 1

How do you most easily ascertain from a new Act which earlier statutes it expressly repeals?

Answer 1

By studying the schedules to the Act.

Question 2

What is the relevant structure of an Act of Parliament?

Answer 2

1) Short title
2) Long Title
2) Date of royal assent
4) Words of enactment
3) Schedule.

Question 3

What presumption applies to criminal cases where a statutory provision is unclear?

Answer 3

any ambuguity should be construed in favour of the defendant.
- no such presumption applies to civil cases.

Question 4

What are the four stages of passing an Act of Parliament?

Answer 4

1) First reading
2) Second reading
3) Committee Stage
4) Report Stage
5) Third Stage

Question 5

What effect does adopting the ‘fast track’ procedure have when passing an AoP?

Answer 5

• All stages are completed within a shortened timescale. Several stages will be held on the same day.
• Reasons for using the process include correcting an error in legislation or responding to unforeseen circumstances.

Question 6

What is the difference between a Green Paper and White Paper?

Answer 6

Green paper contains intial draft of policy proposals, whereas a White Paper will contain a more concrete/finalised form of that draft.

Question 7

What is the difference between a private, public, and hybrid bill?

Answer 7

• Public bill - relates to matters of public policy/government bills.
• Private bill - target a particular locality, persons, or bodies.
• Hybrid bill - mixture of both.

Question 8

What additional step must be taken when enacting a private/hybrid bill?

Answer 8

Notice must be served on the affected parties.

Question 9

If an Act is silent as to its entry into force, when is the default date it comes into force?

Answer 9

when bill is given Royal Assent

Question 10

How long can the House of Lords delay the passing of a bill?

Answer 10

one year, after which the bill can be re-introduced and given Royal Assent without consent from the Lords.

Question 11

In what key way is the House of Lords’ power limited in the legislative process?

Answer 11

cannot vote on Money Bills
- refusal to enact bill can ultimately be bypassed after a year.

Question 12

In what four instances does the doctrine of implied repeal not take effect?

Answer 12

• Bill of Rights 1698
• ECA 1972
• Scotland and Wales Act

Question 13

What voting threshold is required to pass an AoP?

Answer 13

simple majority (51%)
- quorum of 40 MPs in Commons and 30 Lords in HoL.

Question 14

Can an Act specify a special repeal procedure, and does it bind future Parliaments’?

Answer 14

Allowed to specify particular procedure for repeal (ie. higher majority threshold), but only bound by political convention.

Question 15

What the four stages to pass an Act of Senedd?

Answer 15

Stage 1 – consideration of the general principles of the Bill by a committee, and the agreed on by the Senedd;
Stage 2 – Committee stage
Stage 3 – detailed scrutiny of Bill in Senedd and any amendments tabled at the Committee stage.
Stage 4 – Vote by the Senedd on final text of the Bill.

+ optional amending Report Stage (btw 3 and 4) if proposed by the Member in Charge and agreed by the Senedd.

Question 16

What is the process when holding a ballot for a Member’s Bill in the Senedd?

Answer 16

1) Intnetion to run ballot is announcing by Presiding official
2) Proposals are submitted by members
- proposed bill ≠ be on taxation.
3) Ballot vote is held on proposals

• winner has 25 working days from ballot date to table a motion to seek leave to introduce the bill.

Question 17

What are the two key ways secondary legislation may be enacted?

Answer 17

1) Via a Parent Act (AoP) empowering it to do so.
2) Orders in Council (prerogative powers)

Question 18

What are the two different procedures to pass delegated legislation?

Answer 18

1) Negative resolution
2) Affirmative resolution

Question 19

Under a negative resolution, how many days does the Commons have to object to a draft of a statutory instrument?

Answer 19

40 days

Question 20

Will the repeal of a Parent Act affect delegated legislation passed under it?

Answer 20

Yes

Question 21

Under a negative resolution in the Senedd, how many days does it have to object to a draft of a statutory instrument?

Answer 21

21 days

Question 22

What are private members’ bills?

Answer 22

public bills not introduced by the government

Question 23

What two bills do the Parliament Acts not apply to?

Answer 23

Private bills and Bills introduced in the House of Lords intially.
- in such cases Lords’ consent cannot be by-passed.

Question 24

What delaying power do the Lords have regarding Money Bills?

Answer 24

cannot be delayed, and must be given Royal Assent no later than a month after being introduced before Lords.

Question 25

What is meant when referring to an Act’s ‘operative parts’?

Answer 25

Elements in the statute that have substantive and practical effect.
- contrast from formalities such as the enacting formula.

Question 26

In what context is the House of Commons unable to rely on the Parliament Acts to pass a bill through without the Lords’ consent?

Answer 26

to enact major constitutional reforms or extend the life of Parliament beyond five years.

Question 27

What is an Act’s enactment formula?

Answer 27

statement statute has been enacted in compliance with all constitutional steps.

Question 28

What is the distinction between an Act’s long versus short title?

Answer 28

An act’s long title provides a description of the Act and, may describe what it seeks to achieve.

Question 29

What does an Act’s chapter number show?

Answer 29

order of passing of act in the relevant calendar year.

Question 30

What purpose do an Act’s schedules number serve?

Answer 30

provides information at the end of the Act that may define or explain terms contained in its main body.
- also outline any changes made

Question 31

What is the test for determining whether a statute is of constitutional character?

Answer 31

1) statute must condition the legal relationship between citizen and the state in an overarching manner; and
2) state must change the scope of fundamnetal constitutional rights.

ie. Human Rights Act; Magna Carta; Bill or Rights

Question 32

What are the practical implications of a statute being deemed of constitutional character?

Answer 32

cannot be impliedly repealed by subsequent Act of Parliament.

Question 33

If enacted by Royal Assent, at when does the bill come into effect and become law?

Answer 33

At midnight on the day of Royal Assent

Question 34

What is the main procedure by which statutory instruments are brought into law?

Answer 34

By government ministers via negative resolution procedure