ELS S2b: Acts of Parliament.

What is primary legislation?

Primary legislation is an Act of Parliament (statute).

It is the most authoritative type of law and will prevail over common law.

What is secondary legislation?

Secondary legislation is law created by government minsters by virtue of powers given to them by an Act of Parliament (e.g., statutory instruments or bye-laws).

Parliament will scrutinise (but cannot amend) secondary legislation (aka delegated legislation).

The enabling Act will state…

This will be either:

the procedure to be followed.

1) Affirmative resolution procedure. The statutory instrument does not come into effect, unless both Houses pass a resolution approving the instrument within a specified period.

OR

2) Negative resolution procedure. The statutory instrument is law but the government is required to annul the statutory instrument if either House passes a resolution rejecting the instrument within 40 days.

What are public bills?

Bills that alter the general law that concerns the public as a whole. Include Government bills and Private Member’s Bills.

What are private bills?

Bills proposed by local authorities and private companies to gain Parliamentary authority to carry out particular activities or work. The change of law applies to a specific individual or organisation.

Bills may be introduced in (?) and must (?).

In the House of Commons or House of Lords.

They must proceed through each stage of the legislative process in both Houses of Parliament.

The Parliament Act 1911 and 1949 prevent…

the House of Lords from blocking legislation that has the support of the House of Commons.

Public bills that begin in the House of Commons can be delayed by the Lords for…

a maximum of 1 year.

The Lords do not have the power to delay…

money bills (tax or spending bills).

The Parliament Acts can not be used to enact…

major constitutional reform or extend the life of Parliament beyond 5 years.

The Parliament Acts do not apply to…

private bills or bills introduced in the Lords.

Once a bill has completed the Parliamentary stage, it must be (?) and then it becomes (?).

must be given royal assent by the monarch

becomes an Act of Parliament.

When will a new Act of Parliament be brought into force?

It is brought into force either at a set date stated in the Act, or by order of a government minister who has been given the delegate power to bring it into force.

What rights do appointed, life-peers have?

They are entitled to vote on Bills passing through the House of Lords.