Chapter 2 - Sources of Law (Primary Legislation) Flashcards
Primary legislation
laws passed in Parliament (acts/ statutes).
Most authoritative
What can the Welsh Parliament legislate on?
Can pass acts on matters not reserved to UK Parliament
Secondary legislation
Secondary Legislation
laws thats are created by gov ministers or other bodies by POWERS given to them by an ACT of PARLIAMENT (delegated/ subordinate)
UK Legal Systems
England and Wales
Scotland
Northern Ireland
Who does an act apply to if there is no mention of extends
Whole of the UK
Where do Acts of Senedd extend and apply?
extend to England and Wales but APPLY only to Wales
When can an act have effect in a jurisdiction?
When it extends and applies
What are the steps of primary legislation creation?
proposal for new law
stages of scrutiny
What is a bill?
Proposal for new law
Public Bill
Propose / amend law that effect the public.
Introduced by gov ministers
Introduced by Commons or Lords (commons more often)
Government Bill
Implement the gov’s legislative programme
Type of public bill
PRIVATE MEMBERS’ BILL
Not introduced by government - eg introduced by back bencher
Little time to debate
Not a focus of government
Type of public bill
Private Bill
Effects local authorities &
Private companies
Parliamentary authority to carry out specific work/ activities
Change laws for specified individuals or organisations
Hybrid Bil
Effect public, organisations & individuals
e.g high speed railway bill
What are the stages of scrutiny/ legislative steps
- First reading
- Second Reading
- Committee Stage
- Report Stage
- Third Reading
- Bill Considered by the Second House
- Consideration of Amendments (PING PONG)
- Royal Assent
What happens in the first reading?
Read out
Date set for second reading
What happens at the second reading?
policy objective explained
debate
vote
What happens at the committee Stage?
looks at each clause
appropriate / practicable?
amendments
draft bill agreed - sent back to the house as a report
What happens at the report stage?
bill is printed
amendments debated and voted
What happens at the third reading?
presented to house final time
debate
NO amendments
Vote (accept/ reject)
What happens when the bill is considered by the second house?
Proceed through all processes in the second house (vote debate etc)
What happens at the consideration of amendments stage? PING PONG
Any amendments from one house need to be agreed by the other
Back and forth
The powers of H of L under the Parliament Acts
H of L can only veto a bill to extend the life of parliament.
H of L can delay a PUBLIC bill for 1 year - after - reintroduced and royal assent.
Money bills (taxes and spending) must pass thorough in 1 month.
Parliament Acts do not apply to private bills or bills introduced into the H of L.
What happens if there is no express commencement date?
date of royal assent
