PUBLIC LAW - Sources of Law - PRIMARY AND SECONDARY LEGISLATION

Question 1

What is legislation? (2)

Answer 1

Law made with the approval of Parliament and it is the 2nd major source of Law in England and Wales.

Question 2

What is primary legislation known as and how does it become law? (2)

Answer 2

It is known as ‘acts of parliament’ and is put before Parliament as bills and then debated and passed by both houses, it then receives ‘royal assent’ before becoming law.

Question 3

How is secondary legislation created? (2)

Answer 3

It is created by ministers or someone other than Parliament under powers given to them by a parent act of Parliament/primary legislation - it may be put before Parliament depending on the requirements of primary legislation.

Question 4

Which has more statutory force secondary legislation or primary? (1)

Answer 4

Neither.

Question 5

What is statutory force? (1)

Answer 5

Legal authority.

Question 6

Are there more primary acts of Parliaments or pieces of subordinate legislation? (1)

Answer 6

Delegated legislation.

Question 7

What other names is secondary legislation know by? (3)

Answer 7

Subordinate legislation, delegated legislation, statutory instrument.

Question 8

What must a bill require to become law once it has been passed through Parliament? (1)

Answer 8

Royal assent.

Question 9

What is scrutinised more primary or secondary legislation? (1)

Answer 9

Secondary legislation is scrutinised but not to the same degree as primary.

Question 10

What powers do the courts have in terms of secondary legislation? (1)

Answer 10

They may accept or reject it under the powers of the parent act but cannot amend it.

Question 11

What are public acts? (3)

Answer 11

They relate to general public concern, they are debated in both houses and they involve lobbying.

Question 12

What is lobbying? (2)

Answer 12

It is when an outsider persuades an MP to put their views up for debate and this makes up the largest part of parliamentary legislative output.

Question 13

What are private acts? (1)

Answer 13

They relate to a particular place/people e.g local authority seeking powers to build a bridge.

Question 14

What is the promoter of a private act responsible for? (1)

Answer 14

To convince Parliament.

Question 15

What is a bill? (1)

Answer 15

A draft piece of legislation at the beginning of primary legislation.

Question 16

What can public bills be divided into? (2)

Answer 16

They can be divided into government bills and private members’ bills.

Question 17

What is a government bill? (2)

Answer 17

It represents the policy of the government of the day and it is drafted by official parliamentary draftsman.

Question 18

What is a private members’ bill? (2)

Answer 18

It is promoted by a member of Parliament, they do not start life as official policy but may be supported by the government.

Question 19

What is each stage of the primary legislative process? (5)

Answer 19

First reading, second reading, committee stage, report stage and third reading.

Question 20

What happens at the first reading? (3)

Answer 20

It is a formality, the bill’s title is read out and a date is set for the second reading.

Question 21

What happens at the second reading? (1)

Answer 21

The main principles of the Bill are debated by MPs.

Question 22

What happens at the committee stage? (2)

Answer 22

The detail of the bill is scrutinised by a legislative committee and may be amended.

Question 23

What happens at the report stage? (2)

Answer 23

The proposed amendments are debated and there is a vote on the committee’s report.

Question 24

What happens at the third reading? (3)

Answer 24

There is a final debate and vote on the Bill. If passed, it goes on to the House of Lords.