Legislation

Question 1

What is statute law?

Answer 1

An act of Parliament.
Begins as public, private or hybrid bill

Question 2

What is a public bill

Answer 2

Introduced by government departments, advisory committees or as reaction to public concern
(Energy prices act 2022)
- affect public at large

Question 3

What is a private Bill

Answer 3

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

Question 4

What is a hybrid bill

Answer 4

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

Question 5

What is a private members bill

Answer 5

Non-government Bills that are introduced by private members of parliament (MPs or HOL members who are not government ministers)

Question 6

How can private members bills be introduces?

Answer 6

• 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

Question 7

Which standing order dictates the allowance of ballot, 10 min rule and presentation as ways of introducing private members bills

Answer 7

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

Question 8

What is a consolidating statute

Answer 8

Brings together law contained in multiple different statutes, repeals obsolete law, giving effect to certain amendments

Question 9

What is a codifying statute

Answer 9

one which restates legal subject matter previously contained in earlier statutes, common law and custom
- MAY CHANGE LAW unlike consolidating statutes
Theft act 1968

Question 10

What is the procedure for public bills

Answer 10

1. proposed bill
2. first reading - title read
3. second reading - main debate
4. committee stage - amendments proposed
5. report stage - further amendments and debate
6. 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.

Question 11

Impact of HR act 1998 on procedure for public bills to acts

Answer 11

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

Question 12

what is delegated legislation

Answer 12

Where authority is delegated by Parliament to persons or bodies to create legislation.
‘subordinate legislation’
scope of power set out by parliament

Question 13

what are statutory instruments

Answer 13

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

Question 14

What are the procedures for creation of SIs

Answer 14

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

Question 15

What is a by-law

Answer 15

Form of delegated legislation
- created by local authority
- only applies within specific area
Made under the Local Government Act 1972

Question 16

The rule of committees and the court

Answer 16

Have delegated power to make procedural rules for the courts.
Civil procedure RC
Criminal procedure RC
Family procedure RC

Question 17

Privy Council

Answer 17

Make orders of council
emergency situations

Question 18

Validity of Delegated legislation

Answer 18

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

Question 19

what are white papers

Answer 19

Before bill introduced to Parliament:
sets out Government proposals on topics of current concern

Question 20

What are green papers:

Answer 20

Before bill introduced:
- less common
introduce higher level government reports

Question 21

advantages of delegated legislation

Answer 21

• rules/laws introduced quickly with llittle debate
• allows specialist knowledge

Question 22

disadvantages of delegated legislation

Answer 22

• due to little debate so hard to disapprove
• ## not pubicised before or after becoming laws like acts of parliament

Question 23

what does the Parlament Acts 1911 and 1949 introduce:

Answer 23

allows house of commons to bypass house of lords and send bill straight to royal assent in some cases.