Sources of law: Primary legislation Flashcards
What is legislation?
It refers to the laws passed by Parliament
What is primary legislation?
Law passed by Parliament in the form of Acts of Parliament also referred to as statutes
What is secondary legislation?
Law created by government ministers by virtue of powers given to them by an Act of Parliament. It is also known as delegated legislation - statutory instruments are the most common form
What is the process of making primary legislation?
- proposal to create a new statute drafted into a Bill
- Bill introduced to Parliament
- Bill introduced to the House of Commons
- first reading
- second reading
- committee stage
- report stage
- third reading
- Bill considered by second House
- consideration of amendments (ping-pong stage)
- Royal assent
What are the key points from the Parliament Acts of 1911 and 1949?
- public bills that begin in the House of Commons can be delayed by the Lord for a max of 1 year. After that the Bill can be reintroduced and receive royal assent without the agreement of the House of Lords
- the Lords do not have power to delay money Bills for 1 year. They must receive royal assent no later than 1 month after being introduced
- the Acts cannot be used to extend the lifetime of Parliament beyond 5 years
- the Parliament Acts do not apply to private Bills or Bills that were introduced in the Lords
What are the different types of Bills?
- public bill
- government bill
- private members’ bill
- private bill
- hybrid bill
Which Bills affect the public at large?
- public bill
- government bill
- private members’ bill
- hybrid bill
What is a private Bill?
Proposed by organisations such as local authorities or private companies wanting to change the law as it applies to a specific individual or organisation rather than the general public
What indicates that an Act has received royal assent from the monarchy?
The Royal Coat of Arms
What is the short title of an Act?
It is a short and more convenient way to refer to the an Act
What is the long title of an Act?
The long title is a description of the Act and it outlines the purpose of the Act
What is the commencement of an Act?
The commencement is the date when the Act will come into force
What happens if there is no commencement date?
Often there will be a specific commencement date but if there is no express commencement date, the Act will be deemed to come into force on the day that it received royal assent. Some Acts will not come into effect until the Act or particular section has been enacted by a SI and these Acts come into force from ‘a date to be appointed’
What are the schedules of an Act?
They often contain provisions that define or explain terms contained in the main body of the Act
What are the explanatory notes of an Act?
Most Acts are accompanied by explanatory notes which explain the purpose and effect of the Act in plain, non-technical language
