Legislation - Primary and Secondary

Question 1

In which house does a bill begin its stages?
a) House of Commons
b) House of Lords
c) either house

Answer 1

c) either house

Question 2

What is a private member’s bill?
a) a bill introduced by a backbench MP
b) a bill introduced by an opposition MP
c) a bill introduced by a government minister

Answer 2

a) a bill introduced by a backbench MP

Question 3

The king decides when an Act of Parliament comes into force. True or false?

Answer 3

False

Question 4

Which of the following does not have the power to make delegated legislation?
a) a government minister
b) local authority
c) MP

Answer 4

c) MP

Question 5

Parliament must vote to approve all delegated legislation. True or false?

Answer 5

False

Question 6

What is primary legislation?

Answer 6

Acts of Parliament

Question 7

What is a public bill, private member’s bill and a private bill?

Answer 7

Public bill - Law of general application for all members of society. Generally introduced by a government minister.
Private member’s bill - It is also a public bill, but introduced by an MP, not the government.
Private bill - Law for a particular locality, person, persons or body

Question 8

What are the House of Commons parliamentary stages to pass a bill?

Answer 8

1. pre-legislative scrutiny
2. first reading
3. second reading
4. committee stage
5. report stage
6. third reading

Question 9

When parliament is passing private bills, can courts consider whether parliament has not followed correct procedure?

Answer 9

No, the courts will not consider any defects in parliamentary procedure

Question 10

What is another term for secondary legislation?

Answer 10

Delegated legislation

Question 11

What is secondary legislation?

Answer 11

A piece of legislation used to supplement an Act of Parliament

Question 12

What is an Henry VIII clause?

Answer 12

Gives a minister the power to change an Act of Parliament using delegated legislation

Question 13

Can the validity of primary and secondary legislation be challenged?

Answer 13

Primary legislation no, secondary legislation yes

Question 14

What are the 4 main grounds of judicial review?

Answer 14

Illegality, irrationality, procedural impropriety and breach of human rights

Question 15

A client is being tried for an offence under an Act of Parliament that was not in force on the date when the offence was committed.

Which of the following decisions would the court make?

A. The court would declare the Act of Parliament void.
B. The court would order Parliament to either bring the Act into force or repeal it.
C. The court would acquit the client.
D. The court would make a declaration of incompatibility under the Human Rights Act 1998.
E. The court would convict the client.

Answer 15

C. The court would acquit the client.

Question 16

The largest political party in the House of Lords is opposed to a Bill that has passed all its stages in the House of Commons and wants to prevent this Bill from becoming law.

Which of the following statements best summarises the legal position?

A. The House of Lords can vote against the Bill and prevent it becoming law.
B. The House of Lords can only amend the Bill, but not prevent it from becoming law.
C. The House of Lords may refer the Bill to a Joint Committee of the Commons and Lords.
D. The House of Lords may delay the Bill, but not prevent it from becoming law.
E. The House of Lords can vote against the Bill and then royal assent will be refused.

Answer 16

D. The House of Lords may delay the Bill, but not prevent it from becoming law.

Question 17

A haulage firm objects to some new regulations made by the secretary of state for transport. They have been approved by both Houses of Parliament, but the haulage firm can prove that the
enabling Act does not give the secretary of state the power to make these regulations. The firm seeks a judicial review.

Which of the following best summarises the legal position?

A. The secretary of state has an inherent power to make regulations.
B. The secretary of state may use the royal prerogative to make regulations.
C. The secretary of state’s regulations have been approved by Parliament and are legal.
D. The secretary of state’s regulations are illegal and void.
E. The secretary of state’s regulations cannot be judicially reviewed.

Answer 17

D. The secretary of state’s regulations are illegal and void.

Question 18

In a court case, the Supreme Court has declared that a particular section of an Act of Parliament is incompatible with the human rights protected under the Human Rights Act 1998. The
secretary of state for home affairs wishes to remove the incompatibility as soon as possible.

Which of the following courses of action would take the least time?

A. The secretary of state could ask Parliament to repeal the offending Act of Parliament.
B. The secretary of state could ask Parliament to amend the offending Act of Parliament.
C. The secretary of state could ask the Supreme Court to reconsider the case.
D. The secretary of state could ask Parliament to repeal the Human Rights Act 1998.
E. The secretary of state could ask Parliament to make a Remedial Order.

Answer 18

E. The secretary of state could ask Parliament to make a Remedial Order.

Question 19

A new set of regulations has been made by the secretary of state using a statutory power that requires the affirmative resolution procedure. The House of Commons and the House of Lords
have not voted to approve these regulations. A client wishes to judicially review these regulations.

Which of the following best summarises the legal position?

A. The court would declare the regulations void for procedural impropriety.
B. The court would declare the regulations valid, as minor defects in procedure are immaterial.
C. The court would refer the regulations back to Parliament for approval.
D. The court would refuse to judicially review legislation.
E. The court would ask the secretary of state to confirm that he approves the regulations.

Answer 19

A. The court would declare the regulations void for procedural impropriety.