UK Legislation

UK legislation: The United Kingdom Westminster Parliament is the primary legislative body in the United Kingdom. The long-standing principle of parliamentary sovereignty remains. Powers of Westminster have been reduced in respect of the devolved administrations, although they owe their constitution and existence to Acts of Parliament.

A public bill/act is one that applies generally. A private bill or act applies to a particular group or area. A money bill is one certified by the Speaker to contain nothing but financial measures.

Most bills are promoted by the government or Ministers. A private member’s bill is one promoted by a Member of Parliament who is not a Secretary or Minister.

A Consolidation Act is one that brings together the legislation in a particular area. It will typically repeal older Acts and will have minimal new measures. There is a joint committee on consolidation bills, and a shortened procedure applies to their consideration as, by definition, there is relatively minimal new material, despite typically extending in length; they re-enact the existing legislation typically with little or no amendment.

An enormous amount of delegated legislation is made under the authority of primary legislation. Statutory instruments are published annually in accordance with statutory instruments legislation and numbered consecutively. There are approximately 2000 statutory instruments per annum made in the United Kingdom.

Most legislative bills are introduced by the government. They will generally be announced in the Queen’s Speech for the relevant session. It will reflect government policy in a particular area.

The Parliamentary Draftsman’s Office or Parliamentary Counsel, which is attached to the Treasury, is part of the treasury drafts government bills. There will generally be a significant pre-parliamentary phase.

The government commonly publishes bills for prior consultation. Draft bills may be referred to select committees before being presented to Parliament at all. These are standing parliamentary scrutiny committees dealing with particular areas. They have powers to call witnesses and consider and scrutinize government policy generally. There is generally a departmental select committee referable to each government department, and the appropriate select committee may review the proposed bill.

The Joint Committee on Human Rights includes members of the House of Commons and House of Lords. They examine bills presented to Parliament in order to consider whether they are compliant with, compatible with Convention rights. It may examine bills before they are formally initiated as class bills.

The first reading of a bill in Parliament is relatively short, appearing on the relevant order paper for the day. It may be introduced in either the House of Commons or the House of Lords. A date is set for the second reading. The bill is printed and published. The first reading is free, and the bill is not necessarily finalized.

The second reading involves a debate on matters of principle in relation to the bill. Sometimes, it may be referred to a committee for consideration, but only if more than 20 members do not object. Referral at this point would be appropriate for large, non-political issues that are not divided on party lines.

Public bills resulting from Law Commission Reports are sent to a committee on second reading unless otherwise ordered.

Ministers may defend the principles and policies of the bill at the second reading stage. The debate will be confined to general reasons and principles. If a bill is defeated at the second reading, it will fall.

After the second reading, the committee stage occurs. Bills are sent to the relevant committee for detailed consideration. The committee to which it is referred will reflect the nature of the bill. There are joint committees and committees of individual Houses, committees dealing with matters of the whole House, dealing with important constitutional matters like devolution. In some cases, parts of the bill may be referred to the whole House, whereas others may be referred to a select committee.

The Committee will examine the bill in detail. Members are drawn from all parts of the House proportionately, based on party strength. Appointments are made with the advice of a committee of selection, acting on the advice of party whips. The appointment is made by the Speaker, who appoints the chairman, who may be a government or often an opposition MP.

The Committee will look at the bill in detail. The Minister promoting the bill will appear before the Committee, together with public civil servants and aides and the Parliamentary Private Secretary.

Amendments may be proposed and considered. They may be technical, semantic, or relate to matters of principle. They may be raised by members who give notice to the public bills office of the House.

Proposed amendments may be ruled inadmissible as being outside the scope of the bill. Amendments that the government does not wish to accept will be unlikely to be accepted if they have a majority in Parliament and, consequently, the Committee.

The Committee proceedings are open to the public and are recorded in Hansard.

Upon completion of the Committee’s work, the Committee reports back to the House. Amendments made are reflected in the bill, and it is printed. At this report stage, new amendments, amendments previously considered, will be rejected. The government may make new amendments. The Speaker will seek to disallow amendments that have already been rejected. The government commonly proposes amendments. They may reflect changes in the policy of the bill or responses to opposition and compromise.

At the third reading stage, in the Commons, the bill may not be amended other than by way of minor correctional amendments. The third stage and committee stage may be merged.

Legislation may be fast-tracked, particularly in emergencies. The relevant stages are followed, but the level of debate and scrutiny is less. Commonly, the matter will be agreed upon with the opposition. Emergency legislation may be time-limited, for a certain duration prior to automatic suspension. This allows for the possibility of reconsideration.

A certain number of days’ provisions are allowed for private member’s bills. There is a ballot of members of the House of Commons for the use of the days for the introduction of private member’s bills. If successful, the member must put forward details of the subject matter of the bill. A long and short title may be placed on the order of the House, with a first reading being given and a date set for the second reading.

Each member of the House of Commons may introduce a bill after giving notice. They follow from the ones chosen by a lottery and generally have little chance of becoming law.

Some bills commence in the House of Lords before being passed to the House of Commons.

If a bill has not passed in one session, it lapses and must be reintroduced. By a House of Commons resolution, a bill may be carried over for one session only.

Delegated Legislation:

Delegated or subordinate legislation is legislation made under the powers in primary legislation, i.e., Acts of Parliament. It may be made by Departments and Ministers, supplementing and giving out the details of rules of legislation. It may be made by public bodies with powers to pass bylaws and regulations. It may be made by public authorities or by the House of Commons itself by way of resolutions in financial matters.

There are generally up to 3000 pieces of delegated legislation made per annum. Delegated legislation must be within the scope of the enabling legislation. Delegated legislation may, at one extreme, appear to use up the powers of Parliament. Wide law-making powers, or so-called Henry VIII powers, are criticized as incompatible with parliamentary scrutiny.

In principle, delegated legislation puts out detailed rules, empowers the laying out of detailed rules to implement principles and policies of legislation.

They are more flexible and may be changed and shortened as quickly as circumstances require.

Judicial review has long since reviewed whether delegated legislation is consistent with primary legislation. Secondary legislation may be declared invalid as outside the scope of the primary legislation.

The Statutory Instruments Act 1946 applies to most secondary or delegated legislation. Generally, the primary legislation will provide for the laying of the instrument before Parliament. In some cases, Parliament may generally annul the legislation by a resolution. In other cases, it may not come into effect until a period has passed during which it may be annulled. Legislation may be laid in draft form. It will come into effect if it is not annulled. Less commonly, the delegated legislation may be expressed to come into force only if approved by a resolution of Parliament.

There is a Joint Committee on Statutory Instruments. The House of Lords Delegated Powers and Regulatory Reform Committee and the House of Lords’ Merits of Statutory Instruments Committee also review secondary legislation. The House of Commons’ Regulatory Reform Committee may also review statutory instruments.

The Joint Committee on Delegated Legislation, as well as the above, examines all the instruments laid before Parliament, and other delegated legislation may report to Parliament if it imposes or charges a tax, reports to Parliament respectively. Reports are to exclude judicial review, there has been a delay in publishing, there is a question as to whether it is within the powers of the parent Act, there are drafting difficulties.

The Committee will look at up to half the statutory instruments passed and will report on less than 1% to Parliament.

The Legislative and Regulatory Reform Act 1986 allows the reduction of red tape and regulatory burden by way of statutory instruments. It may be used to remove or reduce burdens on business, financial costs, and inconvenience, obstacles to efficiency, reduction of profitability relative to any lawful activity arising from legislation.

The amending power may allow changes, amendments to primary legislation. The super-affirmative procedure may apply, allowing for enhanced parliamentary scrutiny. The draft instrument is laid before Parliament for parliamentary scrutiny and a report. After the relevant period and after the report to consider the draft, it may be amended, and it may be proceeded with. The Minister may make an order, provided it is approved by a resolution of both Houses, having passed the House of Lords.

Bills may be introduced directly into the House of Lords. However, most are introduced into the House of Commons. Switch to the above around. The House of Lords may provide amendments to bills. There may be elements of negotiation between the House of Commons and House of Lords regarding amendments. By convention, the House of Lords is not to vote against bills that reflect government policy approved in a general election. House of Lords’ powers in respect of money bills are limited.

After passing both houses, a Royal Assent confirms the mix, signs the Act into law. The monarchy is not personally involved. It is the prerogative power of the Executive. The Lord Chancellor makes bills for assent, attended by the Commons, the Clerk of Parliaments. Titles to the bills are read, and the assent pronounced, notified to each House by the Speaker. By convention, the Assent is granted once the bill has passed both Houses of Parliament.