The structure of an act of parliament Flashcards
What are the main types of legislation?
primary and secondary legislation
What is primary legislation?
Act of parliament - these are passed through parliament via a vote and then given royal ascent.
What is secondary legislation?
statutory instruments which are issued under an act of parliament - these are issued by ministers of government under powers given by primary legislation.
what is a short title (structure of an act)?
The name of the act
what is a citation ( from the structure of an act)?
the year of their creation and the chapter number, eg if the act were the 30th to be passed in 2010, it would be 2010 c30th
What is the long title (from the structure of the act)?
the general scope and the purpose of the act: so what was the Act passed to do.
what is the date of the royal assent (from the structure of the act)?
the date it was passed by the monarch: officially the date that the act becomes law.
What is the enacting formula ( from the structure of the act) ?
words in every act stating that both the House of Parliament and the monarch have passed the act—it shows that it is good law.
what is the body of the act ( from the structure of the act)?
divided into section, then subsections eg s1(1)((a)) - the body of the act contains the law of the act and rules that the act is creating.
what is the interpretation sections ( from the structure of the act) ?
containing the definitions of certain terms used in the act
what is the commencement sections ( from the structure of the act)
If the act is not to come into law on the date of the royal assent, a commencement section may state when it will come into law.
what is the schedules ( from the structure of the act)?
these provides more detual regarding certain sections of the act. - eg they may set out tests to be applied for certain sections, further explanation or give details of earlier legislation.
