UK Acts, Regulations and Orders Flashcards
Who does Parliament consist of?
Parliament consists of the Sovereign, The House of Lords and the House of Commons.
Define the meaning of ‘Green Papers’
A green paper is a statement of government intent. It is printed on green paper and is different from a white paper because its contents are of a more tentative nature and its object is to seek opinion and feedback on proposals rather than to announce firm policy.
Define the meaning of ‘White Papers’
A government white paper is a statement of government policy presented to Parliament, indicating the broad lines of the legislation the government intends to introduce. Printed on white paper, its contents provide the factual basis for parliamentary debate. It allows the opposition the opportunity to study the proposals and to express their views.
Briefly list the phases of a bill through parliament
First Reading - Second Reading - Committee Stage - Report Stage - Third Reading
Explain the purpose and contents of the first reading of a bill.
First Reading - Formal affair where the bills short title is read by the Clerk of the House. The bill, at this point, is a brief document recording the title of the bill and names of the members presenting and supporting it and there is no debate. An order is made for the bill to be printed and the date set for the next reading.
Explain the purpose and contents of the second reading of a bill.
This involves a discussion of the bills principles. If it fails at this stage, it cannot proceed any further.
Explain the purpose and contents of the committee stage of a bill.
There are three types of committee:
Standing committee (Small number of MPs: 20-50) Select committee (Made up on the basis of political parties) Committee of the whole house
This is the phase where the bill is subject to close scrutiny. Amendments are allowed at this phase of the proceedings.
Explain the purpose and contents of the report phase of a bill.
The report phase is a formality if the bill has not been amended at the committee phase and the bill can move directly to the third reading. If it has been amended at the committee phase, the report phase may refer it back to a standing or select committee of MPs for further refinement.
Explain the purpose and contents of the third reading of a bill.
This phase is a formality if the bill has gotten this far. If voted on favorably, it has successfully passed through the commons procedure.
Explain what happens once a bill passes though all phases of the process
The bill is passed to the other house, where it passes through a similar procedure. If the House of Lords wishes to amend the bill it is returned to the commons for agreement. The lords has only limited power to reject a bill.
The Parliament Act 1911 provided that any public bill which has passed through the commons procedures and which has been certified by the speaker as a bill proposing financial measures must be passed by the lords without amendment within one month.
If not passed by the lords within this time limit, the bill receives the Royal Assent and becomes law without their agreement.
The lords have the power to delay any other bill for 12 months, but they cannot prevent it from ultimately becoming law.
Explain the purpose of Regulatory Reform Orders
These are issued as a type of statutory instrument, just like regulations and are used to remove/amend/consolidate legislation that is considered burdensome - so long as the level of protection is not reduced.
Explain the purpose of Commencement Orders
These are issued as another type of statutory instrument, these bring into force a particular part of an act that was not given immediate effect at the time the Act received royal assent.
Explain the purpose of Orders in Council
There are occasions where statutory instruments are not appropriate i.e. transfer of powers between department, and so orders in council are used instead. They are made up of the Queens privy council. These are delegated legislation and are used to give the force of law to administrative regulations drawn up by a government department. They are often used in times of national emergency.
