Powers and Procedures for the Enactment, Implementation and Repeal of Primary and Secondary Legislation by Westminster and by Senedd Cymru and Welsh Ministers Flashcards
(13 cards)
What is the final step in the enactment of a UK Act of Parliament?
A. Judicial approval
B. Affirmative resolution
C. Ministerial order
D. Royal Assent
D. Royal Assent
Explanation: Once a Bill passes all legislative stages in both Houses, it must receive Royal Assent to become law — though this is now always granted by convention.
Which of the following is true about secondary legislation made by UK Ministers?
A. It can only be made with judicial approval
B. It is equal in authority to primary legislation
C. It derives its authority from an enabling Act
D. It requires approval from the House of Lords only
C. It derives its authority from an enabling Act
Explanation: Secondary (delegated) legislation must be made under the authority of a parent (enabling) Act and is limited to the powers granted therein.
What is the usual process for bringing parts of a new Act into force after Royal Assent?
A. Automatic implementation of the entire Act
B. Judicial declaration
C. Commencement orders issued through secondary legislation
D. Public consultation and vote
C. Commencement orders issued through secondary legislation
Explanation: Many Acts are implemented gradually via commencement orders, which are a form of statutory instrument.
Which of the following is a correct step in the legislative process of the UK Parliament?
A. Judicial ratification
B. Royal review
C. Committee stage
D. Assembly confirmation
C. Committee stage
Explanation: The committee stage allows for detailed scrutiny of the Bill’s provisions, often in Public Bill Committees.
What legislative powers does the Senedd Cymru have?
A. Power to override Acts of the UK Parliament
B. Power to make foreign policy
C. Power to legislate on all UK-wide matters
D. Power to legislate on devolved matters within its legislative competence
D. Power to legislate on devolved matters within its legislative competence
Explanation: The Senedd Cymru has power to pass laws (Acts of the Senedd) only within areas devolved to it, such as health and education.
Which procedure allows Parliament to reject a statutory instrument without it becoming law?
A. Standing order
B. Legislative override
C. Affirmative resolution
D. Negative resolution
D. Negative resolution
Explanation: Under the negative procedure, a statutory instrument becomes law unless Parliament objects within a set time (usually 40 days).
What is required for a statutory instrument under the affirmative procedure to become law?
A. Active approval by both Houses of Parliament
B. Royal Assent
C. Referral to a select committee
D. No objection from MPs
A. Active approval by both Houses of Parliament
Explanation: The affirmative procedure requires debate and a vote in both Houses before the instrument takes effect.
Which of the following limits the Senedd’s ability to pass legislation?
A. The Senedd must act within devolved competence under the Government of Wales Act
B. All Senedd laws require a UK-wide referendum
C. The House of Commons must approve every Senedd Bill
D. The Welsh Government must sit in Westminster
A. The Senedd must act within devolved competence under the Government of Wales Act
Explanation: The Government of Wales Act 2006 (as amended) limits the Senedd’s legislative powers to matters not reserved to Westminster.
What principle allows Parliament to override earlier Acts with later inconsistent ones?
A. Implied repeal
B. Devolution
C. Judicial precedent
D. Federal supremacy
A. Implied repeal
Explanation: Under the doctrine of parliamentary sovereignty, a later statute automatically repeals an earlier inconsistent statute unless stated otherwise.
Who can make secondary legislation on devolved matters in Wales?
A. UK civil servants
B. Welsh Ministers
C. Local authorities
D. The Speaker of the House of Commons
B. Welsh Ministers
Explanation: Welsh Ministers can issue statutory instruments in devolved areas where power has been granted by the Senedd or UK legislation.
What is the legal consequence if secondary legislation exceeds the authority given in the enabling Act?
A. It can be struck down by the courts as ultra vires
B. It is valid unless Parliament repeals it
C. It requires royal assent to correct the defect
D. It automatically becomes primary legislation
A. It can be struck down by the courts as ultra vires
Explanation: If a statutory instrument goes beyond the powers delegated by Parliament, it can be invalidated by judicial review as ultra vires.
What role does the Welsh Seal play in Senedd legislation?
A. It provides constitutional protection against repeal
B. It formalises Royal Assent to Acts passed by the Senedd
C. It transfers powers from the House of Commons
D. It grants funding approval for each Act
B. It formalises Royal Assent to Acts passed by the Senedd
Explanation: After a Bill passes all stages in the Senedd, Royal Assent is granted via the Welsh Seal, confirming it as law.
Which body scrutinises secondary legislation made by Welsh Ministers?
A. The Supreme Court
B. The Legislation, Justice and Constitution Committee
C. The House of Lords Constitutional Affairs Committee
D. The Joint Committee on Human Rights
B. The Legislation, Justice and Constitution Committee
Explanation: This Senedd committee plays a vital role in ensuring delegated legislation complies with legal and constitutional standards in Wales.
