e2.4 - UK acts, regulations and orders

Question 1

Statute law primary and secondary legislation

Answer 1

Primary - Acts of Parliament

Secondary or subordinate -
Regs
Orders in council
By-laws
Reform orders

Question 2

Green paper

Answer 2

Statement of government intent

General scope of legislation

Basis for seeking opinion and consultation

Following this consultation the government will normally publish firmer recommendations in a white paper

Question 3

White paper

Answer 3

Firmer proposals outlining the proposed legislation in more detail
Forms the basis of debate
On sale to general public

Question 4

A Bill

Answer 4

a draft ‘Act’

Becomes an act if it is :
Approved by a majority in both houses of parliament
Formally agreed by the monarch (royal assent)

An Act of parliament is a law, enforced in all areas of the UK where it is applicable

Question 5

Progression of Bill through parliament

Answer 5

First Reading

Second reading

Commitee Stage

Report stage

Third reading

House of Lords

Royal Assent

Law

Question 6

First reading

Answer 6

Formally introduced by a minister in house of commons. No debate

Question 7

Second reading

Answer 7

Discussion on general principles. no amendments at this stage. Vote taken, If it fails, cannot proceed further

Question 8

Committee stage

Answer 8

Detailed examination of bill - usually a couple of weeks after second reading

Amendments made and published

Bill reprinted

Question 9

Report stage

Answer 9

Formally if bill not amended at committee stage, straight to third reading

Further scrutiny given further amendments may be made

Question 10

Third reading

Answer 10

The last stage a formality if Bill has survived this far.

If voted for, the Bill has completed the commons procedure

Question 11

Final stages of Bill (after third reading)

Answer 11

Similar procedures is followed through house of lords

Once approved by both houses, Bill receives Royal Assent from The Queen

Bill becomes an act

Question 12

HASWA SECTION 15

Answer 12

Gives secretary of state power to make regs

Question 13

Enacting Regulations

Answer 13

HASWA Section 15

Must cover subject matter in HASWA

Section 82 of Act lays down procedure

Must lie in both houses for 40 days

Subject to ‘ Negative Resolution’ - Houses have chance to object and vote against them in which case they are annulled

Question 14

HASWA SECTION 50

Answer 14

SoS must consult HSE

HSE may submit proposals for regs to the SoS but must consult any government dept. or other body the SoS wishes to be consulted

Question 15

Socio-Technical Cost-Benefit of Proposed Legislation

Answer 15

Purpose:

To consider the impact that will occur from its introduction into law.

The consideration will measure the overall value to society of proposed regulations by comparing benefits which would arise with the costs of implementing the regulations.

Principles:

Costs and benefits are converted to a monetary value following established procedures for the costing of the prevention of death, damage, injury and ill-health.

Costs and benefits are adjusted to allow for the different timescales
over which they will occur. Finally, the monetary value of costs and
benefits can be compared.