introduction to uk legislation
DESCRIPTION
TRANSCRIPT
Introduction to UK Legislation
Bodleian Law LibraryLast updated November 2010
Session overview Types of Legislation The Legislatative process
-Bills-Parliamentary process
Sources of Legislation-Unamended and amended- Keeping up to date
Types of legislation Primary legislation
Bills – Public, Private and Hybrid Acts – Public General, Local and Personal
Secondary or delegated legislation Statutory Instruments (S.I.s) Orders, Codes of Practice, etc
Pre-legislative materials Before a Bill is introduced research
may have already been conducted in the form of: Green papers White papers Law Commission reports and working
papers Royal Commissions Public Inquiries
Where to find… information on pre-legislative
materials: Lawtel – Bills, Command Papers and
News & Press databases Internet – check Government websites
and the Parliament website Westlaw
Progress of a Bill A bill can start in either the Commons or Lords
First Reading : the bill's title is read out in parliament
Second Reading : debate on the general principles of the bill
Committee Stage : the bill is examined clause by clause and amendments discussed
Report Stage : allows for further amendments to be made on the bill
Third Reading : a final opportunity to comment on the amended bill
Once the bill has completed the same procedure in each House the final text of Bill is agreed
Bill receives Royal Assent and becomes an Act of Parliament
Where to find Bills information on Bills
Parliament website• http://www.parliament.uk/bills/bills.cfm
Hansard Weekly Information Bulletin Sessional Information Digest LexisNexis Butterworths Lawtel
Acts Royal Assent Act comes in force:
• Straightaway• Day to be assigned• Commencement orders
Citing references to… Acts:
Public General Acts are cited using Arabic numerals, e.g.:• Companies Act 1985 (c 6)
Prior to 1963 Acts cited by regnal year, e.g.:• Debtors Act 1869 (32 & 33 Vict cap 62)
The C or Cap is chapter and is the number given to an act within a given year
Citing references to… Acts (continued):
Local Acts are cited using Roman numerals, e.g.:• British Railways (Liverpool Street Station)
Act 1983 (cap. iv) Personal & Private Acts are cited using
Arabic numerals given in italics, e.g.:• Hugh Small and Norma Small (Marriage
Enabling) Act 1982 (cap. 2)
Where to find legislation Original texts
Queen’s Printer’s copy (hard copy) Current Law Statutes Annotated (hard copy) Justis (electronic) Law Reports Statutes (hard copy) Lawtel (electronic)
Amended texts Halsbury’s Statutes (hard copy) LexisNexis Butterworths (electronic) Westlaw (electronic) Legislation.gov (free electronic resource)
Secondary legislation Majority of secondary legislation is in
the form of S.I.s Over 3,500 S.I.s are made each year S.I.s are used to add detail to an Act Also used to bring Acts into force
(commencement orders)
Citing references to… S.I.s
Draft S.I.s are not numbered Once an SI is approved it receives the
next sequential number within the year, e.g.:• The Licensing Act 2003 (Personal licences)
Regulations 2005 S.I. 2005 No.41
Where to find Statutory Instruments
information on S.I.s: OPSI website (unamended)
• http://www.opsi.gov.uk/ Halsbury’s Statutory Instruments
(amended) Lexis Library (amended) Justis (unamended) Westlaw (amended)
Updating legislation Important to always check the status
of a piece of legislation: To avoid using out-of-date information Ensure accuracy
Where to find… the status of a piece of legislation
Is It In Force? Lexis Library (Status Snapshot) Justis Lawtel Westlaw Current Law Legislation Citators Halsbury’s Statutes Halsbury’s Statutory Instruments
Devolution Wales
• The Government of Wales Act 1998• National Assembly of Wales
– http://www.wales.gov.uk
Scotland• The Scotland Act 1998 • Scottish Parliament
– http://www.scottish.parliament.uk
The Northern Ireland Act 1998• Northern Ireland Assembly
– http://www.niassembly.gov.uk