Acts Of Parliament Flashcards
What are name of acts?
Many AoP have titles which summarise their content exactly.
These are “short titles”
Where an Act contains “Wales” or “Scotland” - it will only affect the law in those countries.
“Amendment” - its focus will be on amending a previous Act with the same or a similar name.
May be Acts in the same year with the same name - these will be distinguished by the inclusion of “No.2”, etc.
What are long titles of acts?
They are located below the name (short title) of the Act and the chapter number.
It summarises the purpose of the act.
What is the date of Royal Assent?
When a Bill has been approved by HoC and HoL - the final step is for the King to sign it.
This is giving it Royal Assent.
This is the date on which the Bill becomes an Act - been “passed” or “enacted”
The year which forms part of the name of the new Act is taken from the date of Royal Assent.
What is the structure of an Act?
Acts are divided into individual sections - and these sections are divided into subsections.
In large Acts, the headings may be divided into Parts and Chapters.
Each part, chapter and section will usually have a heading or title.
Towards the end of the act, you will find schedules.
Often, they contain details of figures and other precise information to use in legal research.
They can also be used for lists of other Acts, or sections of Acts, which have been revoked (cancelled) or amended by new act.
What is commencement of an act?
The date where the act, or sections of the act, are brought into force.
Often different from the Royal Assent as it takes time to process legislation.
When a part of individual section of the act is implemented, it is described as having “commenced” or “being brought into force”
Can be a longer period of time between being “passed” and “commenced”
How can you find out if a section has been “commenced”?
First step - check the contents page to find the section in the Act with the word “commencement” in its title.
There are several descriptions of the dates on which different sections can come into force:
- “Two months after the date the act was passed” - look at the Royal Assent date and add on two months
- “On such a day as the Secretary of State may appoint” - method of “appointment” will be by passing a piece of secondary legislation which will state a specific date.
- “On the day in which the Act was passed”
What are repeals and revocations?
Can happen because a new government may well take steps to remove entire acts or parts / section which were passed by its predecessors.
Or, a new act may not make fundamental changes to existing law but it may “consolidate” the content of several earlier acts which then need to be repealed to avoid confusion.
Or, Parliament passes statutes to repeal outdated acts.
An act may also revoke (remove) statutory instruments such as rules, regulations and orders.
What are definitions / interpretation?
Words and phrases are defined in a “interpretation” section.
May apply to the whole act or simply to an individual chapter or part.
What are amendments?
It is very common for a new statue to amend existing statute without repealing it.
Amendments may be made where one section amends the text of a section in an earlier act.
Where new sections are to be inserted into an older act, to avoid re numbering all sections, it is common to add a capital “A” after the original section.
