Legislation Flashcards
What is statute law?
An act of Parliament.
Begins as public, private or hybrid bill
What is a public bill
Introduced by government departments, advisory committees or as reaction to public concern
(Energy prices act 2022)
- affect public at large
What is a private Bill
Introduced for the benefit of particular individuals:
groups
institutions
particular locations.
Promoted by external organisations
- often fail due to lack of Parliament time
- rare
Marriage enabling act 1987
- can become local act Monken Hadley common act 2022
What is a hybrid bill
cross over between public and private bills.
Bills which propose works of national importance but only affect a specific local area.
High speed rail Bill 2022
- debate by both houses, longer process than public bills
- High speed rail bill 2022
- claim to benefit everyone but affect the private interest of those closest to the works
What is a private members bill
Non-government Bills that are introduced by private members of parliament (MPs or HOL members who are not government ministers)
How can private members bills be introduces?
- Ballot under 10 min rule: random draw for 20 opportunities to introduce legislation.
10 min rule - MP must be first through the door on tues or weds, MP has 10 mins to speak and the Bill will either go ahead or be blocked by any MP who wishes to oppose it, rarely successful in creating legislation but brings about awareness - Presentation: MP presents idea if there is time, no debate or discussion, rarely successful
Which standing order dictates the allowance of ballot, 10 min rule and presentation as ways of introducing private members bills
Ballot: No 14 (9) - private members bill has precedence over gov business on 13 friday’s in each session
10 Min rule: No 23
Presentation: No 57
What is a consolidating statute
Brings together law contained in multiple different statutes, repeals obsolete law, giving effect to certain amendments
What is a codifying statute
one which restates legal subject matter previously contained in earlier statutes, common law and custom
- MAY CHANGE LAW unlike consolidating statutes
Theft act 1968
What is the procedure for public bills
- proposed bill
- first reading - title read
- second reading - main debate
- committee stage - amendments proposed
- report stage - further amendments and debate
- third reading - final debate
the bill will then be passed to the other house (HOL) and go through the same stages. If any amendments are made by HOL it will be passed back to the second reading stage in HOC to be considered.
Once finalised
Royal assent
Act of parliament.
Impact of HR act 1998 on procedure for public bills to acts
S 19 HRA 1998
Minister in charge of each new bill before the second reading must:
- state how the provisions of the bill are compatible with European convention of HR
OR
- acknowledge that it is not possible to make a statement of compatibility and that government wishes to proceed with the bill
what is delegated legislation
Where authority is delegated by Parliament to persons or bodies to create legislation.
‘subordinate legislation’
scope of power set out by parliament
what are statutory instruments
a form of delegated legislation:
The boundaries creation is set out by the Parent act and partly in Statutory instruments act 1946.
allowance for creation of regulations rule and orders usually by Ministers of the Crown.
Provide necessary details that may have been left out of acts and are too complex for parliament to handle
- can make amendments and updates to existing legislation
What are the procedures for creation of SIs
Negative resolution: no requirement for parliament to act unless disapproved ,within 40 days of the proposed instrument being presented to parliament.
Positive resolution: SI can only come into force if approved by Parliament
no approval: SIs do not need to be laid in front of parliament or they do but dont require any approval
What is a by-law
Form of delegated legislation
- created by local authority
- only applies within specific area
Made under the Local Government Act 1972
The rule of committees and the court
Have delegated power to make procedural rules for the courts.
Civil procedure RC
Criminal procedure RC
Family procedure RC
Privy Council
Make orders of council
emergency situations
Validity of Delegated legislation
DL may be ruled ultra vires
(outside their powers)
- where body acts BEYOND the powers set out in the parent act
- if DL conflicts with earlier act of parliament
what are white papers
Before bill introduced to Parliament:
sets out Government proposals on topics of current concern
What are green papers:
Before bill introduced:
- less common
introduce higher level government reports
advantages of delegated legislation
- rules/laws introduced quickly with llittle debate
- allows specialist knowledge
disadvantages of delegated legislation
- due to little debate so hard to disapprove
- ## not pubicised before or after becoming laws like acts of parliament
what does the Parlament Acts 1911 and 1949 introduce:
allows house of commons to bypass house of lords and send bill straight to royal assent in some cases.
