5.Legislation Flashcards
(34 cards)
How do you most easily ascertain from a new Act which earlier statutes it expressly repeals?
By studying the schedules to the Act.
What is the relevant structure of an Act of Parliament?
1) Short title
2) Long Title
2) Date of royal assent
4) Words of enactment
3) Schedule.
What presumption applies to criminal cases where a statutory provision is unclear?
any ambuguity should be construed in favour of the defendant.
- no such presumption applies to civil cases.
What are the four stages of passing an Act of Parliament?
1) First reading
2) Second reading
3) Committee Stage
4) Report Stage
5) Third Stage
What effect does adopting the ‘fast track’ procedure have when passing an AoP?
- All stages are completed within a shortened timescale. Several stages will be held on the same day.
- Reasons for using the process include correcting an error in legislation or responding to unforeseen circumstances.
What is the difference between a Green Paper and White Paper?
Green paper contains intial draft of policy proposals, whereas a White Paper will contain a more concrete/finalised form of that draft.
What is the difference between a private, public, and hybrid bill?
- Public bill - relates to matters of public policy/government bills.
- Private bill - target a particular locality, persons, or bodies.
- Hybrid bill - mixture of both.
What additional step must be taken when enacting a private/hybrid bill?
Notice must be served on the affected parties.
If an Act is silent as to its entry into force, when is the default date it comes into force?
when bill is given Royal Assent
How long can the House of Lords delay the passing of a bill?
one year, after which the bill can be re-introduced and given Royal Assent without consent from the Lords.
In what key way is the House of Lords’ power limited in the legislative process?
cannot vote on Money Bills
- refusal to enact bill can ultimately be bypassed after a year.
In what four instances does the doctrine of implied repeal not take effect?
- Bill of Rights 1698
- ECA 1972
- Scotland and Wales Act
What voting threshold is required to pass an AoP?
simple majority (51%)
- quorum of 40 MPs in Commons and 30 Lords in HoL.
Can an Act specify a special repeal procedure, and does it bind future Parliaments’?
Allowed to specify particular procedure for repeal (ie. higher majority threshold), but only bound by political convention.
What the four stages to pass an Act of Senedd?
Stage 1 – consideration of the general principles of the Bill by a committee, and the agreed on by the Senedd;
Stage 2 – Committee stage
Stage 3 – detailed scrutiny of Bill in Senedd and any amendments tabled at the Committee stage.
Stage 4 – Vote by the Senedd on final text of the Bill.
+ optional amending Report Stage (btw 3 and 4) if proposed by the Member in Charge and agreed by the Senedd.
What is the process when holding a ballot for a Member’s Bill in the Senedd?
1) Intnetion to run ballot is announcing by Presiding official
2) Proposals are submitted by members
- proposed bill ≠ be on taxation.
3) Ballot vote is held on proposals
- winner has 25 working days from ballot date to table a motion to seek leave to introduce the bill.
What are the two key ways secondary legislation may be enacted?
1) Via a Parent Act (AoP) empowering it to do so.
2) Orders in Council (prerogative powers)
What are the two different procedures to pass delegated legislation?
1) Negative resolution
2) Affirmative resolution
Under a negative resolution, how many days does the Commons have to object to a draft of a statutory instrument?
40 days
Will the repeal of a Parent Act affect delegated legislation passed under it?
Yes
Under a negative resolution in the Senedd, how many days does it have to object to a draft of a statutory instrument?
21 days
What are private members’ bills?
public bills not introduced by the government
What two bills do the Parliament Acts not apply to?
Private bills and Bills introduced in the House of Lords intially.
- in such cases Lords’ consent cannot be by-passed.
What delaying power do the Lords have regarding Money Bills?
cannot be delayed, and must be given Royal Assent no later than a month after being introduced before Lords.
