Sources of law Primary Legislation Flashcards
What is primary legislation?
Laws Passes by Parliament
(Acts of Parliament)
What is an important function of parliament?
To make new laws
What is legislation?
Law passed by parliament
What is the main type of legislation?
Primary legislation
What does the term statue refer to?
An Act of Parliament
What does the term statutes mean?
More than one act of Parliament
What does the term statutory mean?
Something contained within a statute
What does the term statutory definition mean?
A definition contained within an act of Parliament
What’s the most authoritative type of Law?
Statute
What is the Welsh parliament commonly known as?
Senedd Cymru
Who is and what does the Welsh parliament do?
A democratically elected body that represents Wales to make laws for wales
Can Senedd Cymru pass Acts?
Yes as long as they are not reserved to the UK Parliament by the Government of Wales Act 2006
What is secondary legislation?
Law created by government ministers or other bodies by powers given to them by an Act of Parliament
What is secondary legislation also known as?
Delegated legislation
Can ministers in Senedd make secondary legislation
Yes
What is the most common form of secondary legislation?
Statutory Instruments
The uk has how many legal systems
3
What are the Uks 3 legal systems
England & Wales
Scotland
Northern Ireland
Will an act usually state which of the three legal systems it extends to
Yes
If an act does not confirm which of the 3 legal systems it extends to what is the default
Extends to the whole of the Uk
When determining primary legislation how are England and wales treated
Separately as distinct jurisdiction
Primary legislation made by Senedd Wales made applies to whom
Wales only
What is the legislative process
Method used for creating primary legislation
What does a statute start as?
A Bill
Who prepares Bills?
Office of the Parliamentary Counsel
(Specialists in drafting legislation)
When a Bill is drafted where is it presented to?
Parliament for debate
What is a Bill?
A proposal for a piece of legislation
What are the three types of Bills?
Public Bills
Private Bills
Hybrid Bills
Public Bills can be made in two forms what are they?
Government Bills
Private Members Bills
What is Public (government bill)?
Made by the government implementing the G’ments legislative programme.
Most are made this way
What is a Public Bill (private members bill)?
Implemented by back benchers and little time is allocated to them. V few become law
What is a Private Bill?
Bills proposed to Parliament by organisations eg Local Authority.
Relates to a specific individual or organisation.
What is a Hybrid Bill?
A Bill which affects the Public but also have an impact on an individual or organisation.
What what are the 8 stages of legislative process
- First reading
- Second reading
- Committee stage
- Report stage
- Third reading
- Bill considered in 2nd house
- Ping pong if amendments made
- Royal Assent
Which chamber can a public bill be started in
Either the House of Commons or the House of Lords
Who needs to approve a Bill?
House of Chambers
&
House of Lords
Process needs to be in each chamber
What is the first reading
Notification of proposed law
Title of Bill read out
Date for second reading set
What is the second reading
Objectives of bill explained
Bill debated
Vote as to whether it should proceed
What is the committee stage
Detailed examination of bill
Amendments can be made
What is the report stage
Bill reprinted with amendments
Debated & voted upon
What is the third reading
Vote on whether to accept or reject
After the third reading what happens
Bill proceeds to other house and the first, second, committee, report & third reading takes place
What is the ping pong stage?
Back & forth houses until both have agreed
What is royal assent?
When the Bill becomes law
What does impasse mean?
A situation which no progress is made due to disagreement or deadlock
Under the Parliaments Act who can delay a Bill and for how long
The HOL for 1 year
Which chamber is elected?
HOC
Which chamber is unelected?
HOL
If a Bill is delayed under the Parliament Act for one year by the HOL what can happen ?
Bill can be reintroduced and receive royal assent without their agreement
What does the 1 year delay under the Parliament act not apply to?
Money Bills (they must be finalised one later than one month)
What does the Parliament Act not apply to?
Private Bills or Bills introduced in the HOL
Major constitutional reforms or extend lifetime of Parliament beyond 5 years
If an act does not contain a commencement date when will it take effect?
Midnight on the day it received royal assent
What is another name for delegated legislation?
Subordinate Legislation
Acts pf Senedd extend to where?
England & Wales
