Constitutional - Acts of Parliament (Revise SQE)

What is primary legislation?

Acts of Parliament → Parliament can pass an Act, make or repeal any law that it wants.

What is secondary legislation?

Parliament can pass Acts of Parliament that grant law-making powers, for specified purposes, to other persons or bodies.

This is known as secondary or delegated legislation.

How do Acts of Parliament start?

They start as Bills.

What is the general procedure for a Bill becoming an Act?

The Bill must pass through specified stages in the HOC and the HOL → usually it commences in the HOC.

Only Acts of Parliament make law, other decisions of parliament (such as a resolution) do not.

What are the five types of parliamentary Bill?

1. Public bill.

2. Private member's bill.

3. Private bill.

4. Hybrid bill.

5. Money bill.

What is a public Bill?

Law of general application for all members of society → generally introduced by a government minister.

Public Bill.

What is a private member's Bill?

A public Bill of general application, but introduced by an MP, not the government.

Public Bill.

What is a private Bill?

Law for a particular locality, person, person(s) or body.

What is a hybrid Bill?

Law of general application, but also affects private interests.

What is a money Bill?

The Speaker certifies that the Bill only contains financial measures. The HOL does not have to agree to a money Bill.

Before a government introduces a Bill, it is likely to have consulted widely. What might it issue?

It might issue a Green Paper, setting out possible policies and inviting comment and then a White paper, which contains more definite proposals.

If there is an emergency, call a Bill be passed quickly?

Yes. Bills can be passed very quickly if the House votes for the 'fast-track' procedure.

What are the six parliamentary stages in the HOC?

1. Pre-legislative scrutiny.

2. First reading.

3. Second reading.

4. Committee stage.

5. Report stage.

6. Third reading.

Scotland, Wales and Northern Ireland have their own legislatures, so when a Bill only affects the law in England (and Wales) what happens?

There is an extra stage, after the report stage. The Speaker of the House certifies that the Bill only affects English (or Welsh) law.

Then a Grand Committee consisting only of MPs representing English constituencies considers the Bill and may reject it.

What is the Parliament Act 1911 and 1949 procedure?

The HOC can use these acts to bypass the need for the HOL to agree with the Bill. The Commons may wait a year and then pass the Bill for a second time, where it goes for royal assent.

Would a court investigate claims that there were defects in the legislation-making process?

No. The court would not investigate claims that there were defects in parliamentary procedure. As a sovereign body, it would be solely up to Parliament what, if anything, to do about a procedural defect.

Once a Bill has passed all stages in Parliament, what happens?

It is given royal assent.

Does the King play a personal role in giving royal assent to a Bill?

No. The new Bills are just read out in Parliament.

If an Act has been passed by Parliament, does that make it the law?

No. The Act must also be brought into force.

Who has the UK Parliament devolved its law-making powers to in Wales?

The Senedd.

How do Acts of Senedd Cymru begin and what is the procedure to become an Act?

They start as Bills. Once a Bull has been considered and passed, it needs Royal Assent.

How many stages are there for a Bill to become an Act of Senedd Cymru?

Four stages →

Stage 1. The Senedd considers and agrees the general principles of the Bill.

Stage 2. A committee scrutinises the Bill and proposes any amendments.

Stage 3. The Senedd scrutinises the Bill and proposes any amendments.

Stage 4. The Senedd votes to pass the final text of the Bill.

What does an enabling or parent Act grant?

It grants a person or body the power to make law.

What are the four main types of delegated legislation?

1. Many Acts of Parliament give government ministers the power to make rules, regulations and orders.

2. Some Acts give government ministers the power to make Orders in Council.

3. The King retains the power to make Orders in Council using his prerogative powers. Government ministers act in his name.

4. The Supreme Court has the power to make its own rules of procedure.

These are statutory instruments.

What are the other types of delegated legislation that are not statutory instruments?

1. Taxes legislation.

2. Some public bodies have the power to make their own rules and regulations.

3. Local authorities have been granted the power to make by-laws for their area.

What are the three ways in which delegated legislation can be approved?

1. Laid before Parliament.

2. Negative resolution.

3. Affirmative resolution.

What is laying before Parliament?

The legislation is laid before Parliament. This means that it is brought to the attention of MPs in their daily list of votes and proceedings. It becomes law unless the MPs object.

What does 'laid' mean?

The proposed delegated legislation is brought to the attention of MPs and this is an essential procedural requirement.

What is the negative resolution procedure?

The delegated legislation becomes law unless Parliament votes against it.

What are the two versions of the negative resolution procedure?

1. The legislation is law when made but a resolution of either House, within 40 days, may annul it.

2. The legislation is laid in draft, but a resolution of either House within 40 days, prevents it becoming made (law).

What is the affirmative resolution procedure?

The Houses of Parliament must approve the legislation.

What are the three versions of the affirmative resolution procedure?

1. The legislation is laid in draft and the draft must be approved by a resolution of both Houses before it is made.

2. The legislation is made but cannot come into force until it is approved by a resolution of both Houses.

3. The legislation is made and comes into force immediately but lapses unless it is approved by a resolution of both Houses within a specified period → typically 28 or 40 days.

What is a Henry VIII clause?

Gives a minister the power to change an Act of Parliament using delegated legislation. King Henry VIII preferred to legislate by royal proclamation, rather than an Act of Parliament.

What does a Henry VIII clause allow?

It allows ministers to amend or repeal provisions in an Act of Parliament using delegated legislation.

Normal Acts of Parliament cannot be judicially reviewed. Can delegated legislation be questioned?

Yes. All types of delegated legislation may be questioned using the process of judicial review and the legislation may be declared invalid.

What will the court do when looking at delegated legislation?

It will closely inspect the wording of the parent Act and decide whether the delegated legislation goes beyond what is permitted under the Act (ultra vires).

For delegated legislation, what grounds of judicial review would be used?

The main three: illegality, irrationality and procedural impropriety.

Alongside a breach of human rights.