|
|
|
|
Acts of Parliament in the United Kingdom
|
| |
|
| |
An act of Parliament in the United Kingdom is a type of legislation called primary legislation. These acts are passed by the UK parliament in Westminster or the devolved administration in Scotland. A draft piece of legislation is called a bill, when this is passed by parliament it becomes an act and part of statute law.
e are several types of bills and acts. Although public, private, and hybrid bills are mutually exclusive, many of the classifications outlined below are not.
ic acts are the largest category of legislation, affecting the public general law which applies to everyone in the UK.
Discussion
Ask a question about 'Acts of Parliament in the United Kingdom' Start a new discussion about 'Acts of Parliament in the United Kingdom' Answer questions from other users |
Encyclopedia
An act of Parliament in the United Kingdom is a type of legislation called primary legislation. These acts are passed by the UK parliament in Westminster or the devolved administration in Scotland. A draft piece of legislation is called a bill, when this is passed by parliament it becomes an act and part of statute law.
Types of legislation
There are several types of bills and acts. Although public, private, and hybrid bills are mutually exclusive, many of the classifications outlined below are not.
Public acts
Public acts are the largest category of legislation, affecting the public general law which applies to everyone in the UK. Acts apply to the whole of the UK or sometimes to a number of its constituent countries - England, Scotland, Wales and Northern Ireland.
Private acts
Private acts are local and personal in their effect, applying to a specific (real or legal) person differently from others. Private bills are "usually promoted by organisations, like local authorities or private companies, to give themselves powers beyond, or in conflict with, the general law. Private bills only change the law as it applies to specific individuals or organisations, rather than the general public. Groups or individuals potentially affected by these changes can petition Parliament against the proposed bill and present their objections to committees of MPs and Lords." They include acts to confer powers on certain local authorities, a recent example being the Canterbury City Council Bill, which makes provisions relating to street trading and consumer protection in the city. Private bills can also affect certain companies; the Northern Bank Bill allowed the statutory right of Northern Bank to issue bank notes to be transferred following a takeover of the company by Danske Bank. Other private bills may affect particular companies established by Act of Parliament such as TSB Bank and Transas.
Major works projects such as the Channel Tunnel Rail Link, which grant special powers on the company undertaking the work (for example compulsory purchase of land). Personal acts are a sub-category of private acts, which confer specific rights or duties on a named individual or individuals, for example allowing two persons to marry even though they are within a "prohibited degree of consanguinity or affinity" such as step-father and step-daughter.
Private bills, common in the 19th Century, are now rare, as new planning legislation introduced in the 1960s removed the need for many of them. They are subject to a different procedure from that for Public Bills, described above, involving a quasi-judicial committee of three MPs.
Parliamentary authorities maintain a list of .
Hybrid acts
Hybrid acts combine elements of both public and private acts. That is, changes to the general law combined with provisions applying to specific individuals or bodies. Recent examples include the Crossrail Bill, a hybrid bill to build a railway across London from west to east. Parliamentary authorities maintain a list of .
Private members' bills
It is important not to confuse private bills with private members' bills, which are public bills designed to affect a general change in the law. The only difference from regular public bills is that they are brought forward by a private member (a backbencher) rather than by the government.
Financial bills
Financial bills raise revenue and authorise how money is spent. The most well known such piece of legislation is the annual Finance Bill introduced by the Chancellor of the Exchequer at the budget. This encompasses all the changes to be made to tax law for the year. Its formal description is "a Bill to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance". Consolidated Fund and Appropriation Bills authorise government spending.
Housekeeping bills
This type of bill is designed to keep the business of government and public affairs up to date. These bills may not be substantial or controversial in party political terms. Two sub-classes of the housekeeping bill are the consolidation bill, which sets out existing laws in a more clear and up-to-date form without changing its substance and the tax law rewrite bill, which do the same for tax law.
Delegated legislation
Included here for completeness, delegated legislation is not an act of Parliament but made by a minister or a public body under powers conferred by an act. These may be called orders, rules, regulations, schemes or codes but are generally known as delegated legislation, secondary legislation or statutory instruments (SIs). A special type of order, and Order in Council, requires the approval of the Queen in the Privy Council.
Stages of a bill
Bills may start their passage in either the House of Commons or House of Lords, although bills which are mainly or entirely financial will start in the Commons. Each bill passes through the following stages:
Consultation, drafting and pre-legislative scrutiny
Although not strictly part of the legislative process, a period of consultation will take place before a bill is drafted. Within government, the Treasury and other departments with an interest will be consulted along with the devolved administrations in Scotland, Wales and Northern Ireland. Outside government, interested parties such as trade unions, industry bodies and pressure groups will be asked for their views on any proposals. The Cabinet Office Code of Practice specifies a minimum consultation period of twelve weeks. Consultation documents are widely circulated (see for example the Home Office and the Scottish Government's ).
The character of the consultation is shaped by the government's determination to press forward with a particular set of proposals. A government may publish a green paper outlining various legislative options or a white paper, which is a clear statement of intent. It is increasingly common for a small number of Government bills to be published in draft before they are presented in Parliament. These bills are then considered either by the relevant select committee of the House of Commons or by an ad hoc joint committee of both Houses. This provides an opportunity for the committee to express a view on the bill and propose amendments before it is introduced. Draft bills allow more lengthy scrutiny of potential legislation and have been seen as a response to time pressures which may result in the use of programme orders to impose a strict timetable on the passage of bills and what is known as 'drafting on the hoof', where the government introduces amendments to its own bills. With increased time for scrutiny backed up with considered evidence, draft bills may present governments with difficulty in getting their way.
The sponsoring government department will then write to the relevant policy committee of the Cabinet. The proposals are only discussed at a meeting if disagreements arise. Even an uncontroversial proposal may face administrative hurdles. A potential change in the law may have to wait for a more extensive bill in that policy area to be brought forward before it worthwhile devoting parliamentary time to it. The proposal will then be bundled together with more substantive measures in the same Bill. The Ministerial Committee on the Legislative Programme (LP), including the leaders and government chief whips in both houses, is responsible for the timetable of legislation. This committee decides which house a bill will start in, recommends to the Cabinet which proposals will be in the Queen's Speech, which will be published in draft and how much parliamentary time will be required.
Following a process of consultation, the sponsoring department will send drafting instructions to parliamentary council, expert lawyers working for the government responsible for writing legislation. These instructions will describe what the bill should do but not the detail of how this is achieved. Parliamentary council must draft the legislation clearly to minimise possibility of legal challenge and to fit the bill in with existing UK, European Union and delegated legislation. A finished bill must therefore be approved or scrutinised by the sponsoring department and minister, parliamentary council and LP.
The final stage is the submission of the bill to the authorities of the house in which it is to start its legislative journey. In the Commons this is the Clerk of Legislation and then Public Bill Office in the Lords. They will check the following:
- That the bill complies with the rules of the house
- That everything in the bill is covered by its 'long title' (text describing the purposes of the bill)
- In the Commons, that every provision requiring expenditure or levying taxes is identified and printed in italics
- Whether the Royal Prerogative is affected
- Whether it conflicts with or duplicates any bill which has already been introduced
After this process, the bill is then ready for introduction.
First reading
The first reading is a formality and no debate or vote occurs. A notice that a bill is being presented for its first reading appears on the Order Paper for that day. The European Union (Amendment) Bill appeared on the as follows:
As we can see in this , the MP is called by the Speaker at the commencement of public business and brings a 'dummy bill', a sheet of paper with the short and long titles and the names of up to twelve supporters, to the Clerk of the House at the Table. The Clerk reads out the short title and the Speaker says "Second reading what day?" For all government bills the response is always "tomorrow" (or the next sitting day). A date is also set for private members bills; the decision for scheduling such bills is crucial as they are not given 'government time' to be debated. The bill is recorded in the proceedings as having been read for a first time, having been ordered to be printed and to be read a second time on a particular date. In the case of a Government Bill, Explanatory Notes, which try to explain the effect of the Bill in more simple language, are also usually ordered to be printed. Again, in the case of the European Union (Amendment) Bill this appeared in Hansard as follows:
A bill introduced in this way is known as a presentation bill. Bills can also be introduced in the Commons by being brought in from the Lords, being brought in by resolution (like the Finance Bill) or when an MP gets leave to bring in a ten-minute rule bill.
A Government Bill can be introduced first into either House. Bills which begin in the Lords have '[Lords]' suffixed to its title when in the Lords and '[HL]' when in the Commons. Bills which deal primarily with taxation or public expenditure begin their passage in the Commons, since the financial privileges of that House mean that it has primacy in these matters (see Parliament Acts 1911 and 1949). Conversely, bills relating to the judicial system, Law Commission bills and consolidation bills begin their passage in the House of Lords which by convention has primacy in these matters.
Second reading
In the second reading, which in theory is supposed to occur two weekends after the first reading, a debate on the general principles of the bill is followed by a vote. This is the main opportunity to debate the principle of the bill rather than individual clauses. A division at this stage therefore represents a direct challenge to the principle of the bill. If the bill is read a second time, it proceeds to the committee stage.
Normally, the Second Reading of a Government bill is approved. A defeat for a Government bill on this Reading usually signifies a major loss. The last time this happened was at the second reading of the Shops Bill for the government of Margaret Thatcher in 1986. The bill, which liberalised controls on Sunday trading, was defeated in the Commons by 14 votes. The last defeat for a government was on the 90-day detention element of the Prevention of Terrorism Act 2005. However this defeat was in the form of an amendment (for 28-day rather than 90-day detention) in contrast to opposition to the entire bill at the second reading. If the bill had been defeated at the second reading it would never have become an act.
Second reading debates on government bills usually take a day, in practice about six hours. Smaller and less controversial bills will receive less time and wholly uncontroversial measures will receive a second reading 'on the nod' with no debate whatsoever. The National Insurance Contributions bill appeared in the Order Papers as follows:
As we can see from , second readings of government bills take place on a motion moved (for Government bills) by a minister in the department responsible for the legislation "that the bill now be read a second time". The minister outlines the overall purpose of the Bill and highlights particular parts of the Bill they consider most important. The official Opposition spokesperson responds with his or her views on the Bill. The debate continues with other Opposition parties and backbench MPs giving their opinions on the principles of the Bill. The minister will eventually bring the debate to a conclusion by saying, of the bill, "I commend it to the House". The Speaker will then propose the question by saying, for example, "The Question is, that the Bill be now read a second time". The Speaker then invites supporters of the bill to say "aye" and then opponents say "no": "All members of that opinion say 'aye' [supporters say 'aye'], contrary 'no' [opponents say 'no'". In what is known as collecting the voices the Speaker makes a judgement as to the loudest cry. A clear majority either way will prompt the response "I think the Ayes/Noes have it" (this can be forced to a division by continued cries either way). If the result is at all in doubt a division will be called and the speaker will say "Division. Clear the Lobby". This refers not to the division lobbies used for voting but the Members' Lobby beyond the chamber which is cleared by the doorkeepers. At this point, division bells will ring throughout the palace and also in nearby flats, pubs and restaurants whose owners pay to be connected to the system. This allows MPs who may not be in the debate to come and vote on the issue in question.
After two minutes, the Speaker will put the Question again to assess whether there is still disagreement. He will then name the tellers, whose job it is to count the votes. These will usually be government and opposition whips. In the example we have looked at: "Tellers for the Ayes Mr. Dave Watts and Mr. Steve McCabe; tellers for the Noes Mr. Nick Hurd and Mr. John Barron". If no teller has come forward (or only one) the Speaker declares the result for the other side.
One teller from each side goes to the end of each division lobby and count MPs as they emerge. Whips are also at the other end of the lobby to ensure that their MPs vote with the party line. The names are taken by division clerks and are published in Hansard the next day (see or with greater clarity ). After eight minutes from first calling the division the speaker says "lock the doors", the doorkeepers lock the doors leading into the lobbies and no more MPs can get in to vote. When every member has passed the division clerks and tellers, a division slip is produced by the Clerks at the Table and is given to one of the tellers on the winning side. The tellers then form up at the Table in front of the Mace facing the speaker and the teller with the slip reads the result to the House, for example: "The Ayes to the right, 291. The Noes to the left, 161". The Clerk then takes the slip to the Speaker, who repeats the result and adds "So the Ayes have it, the Ayes have it. Unlock". The doorkeepers then unlock the doors to the division lobbies. The whole process, from the summing up speech by the minister to the division is well illustrated . The section from Hansard is as follows:
Divisions on second readings can be on a straight opposition or a vote on a 'reasoned amendment', detailing the reasons the bill's opponents do not want it read a second time, which may be selected by the Speaker. Bills defeated at a second reading cannot progress further or be reintroduced with exactly the same wording in the same session.
Procedural orders and resolutions
In the case of Government Bills, the House normally passes forthwith (i.e. without debate but almost always with a vote) a Programme Order in the form of a programme motion, setting out the timetable for the committee and remaining stages of the Bill. This takes place immediately after the second reading. For example:
The House may also pass a separate money resolution, authorising any expenditure arising from the Bill; and/or a ways and means resolution, authorising any new taxes or charges the Bill creates. Bills are not programmed in the House of Lords.
Committee stage
This usually takes place in a standing committee in the Commons and on the Floor of the House in the Lords. In the United Kingdom, the House of Commons utilizes the following committees on bills:
- Standing Committee: Despite the name, a standing committee is a committee specifically constituted for a certain bill. Its membership reflects the strengths of the parties in the House. Now known as a Public Bill Committee http://www.publications.parliament.uk/pa/cm/stand.htm
- Special Standing Committee: The committee investigates the issues and principles of the bill before sending it to a regular Standing Committee. This procedure has been used very rarely in recent years (the Adoption and Children Bill in 2001-02 is the only recent example); the pre-legislative scrutiny process (see above) is now preferred. Now also known as a Special Public Bill Committee.
- Select Committee: A specialised committee that normally conducts oversight hearings for a certain Department considers the bill. This procedure has not been used in recent years, with the exception of the quinquennial Armed Forces Bill, which is always referred to a select committee.
- Committee of the Whole House: The whole house sits as a committee in the House of Commons to consider a bill. Bills usually considered in this way are the principal parts of the annual Finance Bill, bills of first-class constitutional importance (for example, the Scotland Act 1998) and bills that are so uncontroversial that the committee stage may be dispensed with quickly and easily on the floor of the House, without the need to nominate a committee (some Private Members' Bills are usually dealt with this way each year). This is also the procedure used in the upper house.
- Grand Committee (House of Lords): This is a recent new procedure used for some bills which is intended to speed up business. Although it takes place in a separate room, it is technically still a committee of the whole House in that all members can attend and participate. Procedure is the same as for a Committee in the main Chamber, but there are no votes.
The committee considers each clause of the bill, and may make amendments to it. Significant amendments may be made at committee stage. In some cases, whole groups of clauses are inserted or removed. However, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill, to enact changes to policy made since the bill was introduced (or, in some cases, to import material which was not ready when the bill was presented), or to reflect concessions made as a result of earlier debate.
Consideration (or report) stage
This takes place on the Floor of the House, and is a further opportunity to amend the bill. Unlike committee stage, the House need not consider every clause of the bill, only those to which amendments have been tabled.
Third reading
In the third reading a debate on the final text of the bill, as amended. In the Lords, further amendments may be made on third reading, in the Commons it is usually a short debate followed by a single vote; amendments are not permitted.
Passage
The Bill is then sent to the other House (to the Lords, if it originated in the Commons; to the Commons, if it is a Lords Bill), which may amend it. The Commons may reject a bill from the Lords outright; the Lords may amend a bill from the Commons but, if they reject it, the Commons may force it through without the Lords' consent in the following Session of Parliament, as is detailed below. Furthermore, the Lords can neither initiate nor amend Money Bills, bills dealing exclusively with public expenditure or the raising of revenue. If the other House amends the Bill, the Bill and amendments are sent back for a further stage.
Consideration of Lords/Commons amendments
The House in which the bill originated considers the amendments made in the other House. It may agree to them, amend them, propose other amendments in lieu or reject them. A bill may pass backwards and forwards several times at this stage, as each House amends or rejects changes proposed by the other. If each House insists on disagreeing with the other, the bill is lost under the 'double insistence' rule, unless the Parliament Acts are invoked.
The Parliament Acts: Under the Parliament Acts 1911 and 1949, which do not apply for bills seeking to extend Parliament's length to more than five years, if the Lords reject a bill originated in the House of Commons, then the Commons may pass that bill again in the next session. The Bill is then submitted for Royal Assent even though the Lords did not pass it. Also, if the Lords do not approve of a Money Bill within thirty days of passage in the Commons, the bill is submitted for Royal Assent nevertheless.
See also Church of England measures, which have the same force and effect of Acts of Parliament.
Enacting formula
Each Act commences with one of the following:
Standard
For money bills
Under the Parliament Acts 1911 and 1949:
Scottish Parliament
In the Scottish Parliament, bills pass through the following stages:
- Introduction: The Bill is introduced to the Parliament together with its accompanying documents - Explanatory Notes, a Policy Memorandum setting out the policy underlying the Bill and a Financial Memorandum setting out the costs and savings associated with it. Statements from the Presiding Officer and the member in charge of the Bill are also lodged, indicating whether the Bill is within the legislative competence of the Parliament.
- Stage One: The Bill is considered by one or more of the subject Committees of the Parliament, which normally take evidence from the bill's promoter and other interested parties before reporting to the Parliament on the principles of the Bill. Other Committees, notably the Finance and Subordinate Legislation Committees, may also feed in at this stage. The report from the Committee is followed by a debate in the full Parliament.
- Stage Two: The Bill returns to the subject Committee where it is subject to line-by-line scrutiny and amendment. This is similar to the Committee Stage in the UK Parliament.
- Stage Three: The Bill as amended by the Committee returns to the full Parliament. There is a further opportunity for amendment, followed by a debate on the whole Bill, at the end of which the Parliament decides whether to pass the Bill.
- Royal Assent: After the Bill has been passed, the Presiding Officer submits it to Her Majesty for Royal Assent. However he cannot do so until a 4-week period has elapsed during which the Law Officers of the Scottish Executive or UK Government can refer the Bill to the Judicial Committee of the Privy Council for a ruling on whether the Bill is within the powers of the Parliament.
There are special procedures for emergency Bills, members Bills (similar to Private Member's Bills in the UK Parliament), committee Bills, and private Bills.
Sovereignty
In the UK, Parliament is sovereign. As such Acts of Parliament are generally without limit or constraint. Although in modern times, European Law can overturn some Acts, this is only because another Act (the European Communities Act 1972) has inserted a presumption that UK law should not wish to conflict with European. Similarly, although Parliament has devolved significant powers to the Scottish Parliament, the Northern Ireland Assembly and the National Assembly for Wales, it is free to overrule or even abolish those institutions, although this would be unlikely in practice.
British law is also made through Statutory Instruments (SIs). These are laws which are made in the name of a Government minister, exercising legislative powers delegated to him or her by Act of Parliament. Some of these must be approved by Parliament before they can become law, others need only be laid before Parliament a certain number of days (usually 40) before coming into force. They are used because they are much faster and simpler to implement than a full act of Parliament, and are more easily amended to reflect changing circumstances. SIs are sometimes described as "secondary legislation, not second class legislation". They have the same force as an Act of Parliament, and much of the UK's law is made in this way. There are literally thousands of SIs each year, compared with around 50 Acts. Statutory Instruments are also used to bring Acts into force. Most Acts have sections that come into effect upon Royal Assent, or at a set date thereafter. However, other sections are brought into force using a SI which is titled [Act Name] (Commencement) No. # Order. Whilst most legislation has had a maximum of half a dozen Commencement Orders, this is not a strict limit as some Acts have had over 10.
International treaties are not effective in domestic UK law until enforced by an Act of Parliament (e.g. The European Communities Act, which brought the UK into the European Union, the Single European Act which allowed for the creation of the single European internal market or the Outer Space Act which deals with international treaties on Space).
Historical records
All UK Acts of Parliament since 1497 are kept in the House of Lords Record Office, including the oldest Act: The "Taking of Apprentices for Worsteads in the County of Norfolk" Act 1497, a reference to the wool worsted manufacture at Worstead in Norfolk, England.
Acts before 1962 are referenced using 'Year of reign', 'Monarch', c., 'Chapter number' — e.g. 16 Charles II c. 2 — to define a chapter of the appropriate statute book. Since 1962, the regnal year has been replaced by the calendar year. All recent Acts have a short title, or citation (e.g. Local Government Act 2003, National Health Service Act 1974).
Acts in force
The UK's Ministry of Justice publishes most Acts of Parliament in an on-line statute law database. It is the official revised edition of the primary legislation of the United Kingdom. The database shows Acts as amended by subsequent legislation and is the statute book of UK legislation.
Acts of constitutional importance
Important Acts in UK constitutional history include:
See also: List of Acts of Parliament of the United Kingdom Parliament
Topical acts
Acts of Parliament currently of special interest:
See also
|
| |
|
|
