Difference between revisions of "Revising Legislation/Introduction to UK Legislation"

Revision as of 13:45, 17 July 2015

This section will give you a good overview of the different types of UK legislation, including which types of legislation are carried on legislation.gov.uk and whether or not they are revised. European legislation is not carried on legislation.gov.uk - you'll find it on the EU law portal EUR-Lex.

Division into Primary and Secondary Legislation

There are two main categories of legislation in the UK:

Primary legislation
Secondary legislation

‘Primary legislation’ is the general term used to describe the main laws passed by the legislative bodies of the UK. The main types of primary legislation are:

Acts of the UK Parliament.
Acts of the pre-UK Parliaments.
Acts of the Scottish Parliament.
Measures of the National Assembly for Wales.
Acts of the National Assembly for Wales.
Acts of the Northern Ireland Assembly (and other primary legislation for Northern Ireland).
Church of England Measures (this is legislation passed by the General Synod of the Church of England).

These types of legislation are sometimes referred to as ‘statutes’. The 'statute book' means the whole of the statute law currently in force.

The term ‘primary legislation’ also includes legislative instruments made by the Crown and the Privy Council under the royal prerogative (called ‘Prerogative Orders’).

‘Secondary legislation’ (also called ‘subordinate legislation’) is legislation made by a person or body under authority contained in primary legislation. Powers to make secondary legislation are normally conferred to ministers, on the Crown, or on public bodies. For example, the Office of Communications (OFCOM) is given powers to make secondary legislation by the Communications Act 2003.

The main types of secondary legislation are:

Statutory Instruments.
Scottish Statutory Instruments.
Welsh Statutory Instruments.
Statutory Rules of Northern Ireland.
Church Instruments.
Bye-laws.

For a full list of the types of legislation held on legislation.gov.uk and whether they are revised, see the table below.

Types of Primary Legislation

Acts of the UK Parliament

Most of the Acts passed by the UK Parliament are ‘Public General Acts’. They deal with matters of general public interest. A small number of Acts are ‘Private Acts’. There are two types of Private Acts; ‘Local Acts’ (which deal with matters of local interest) and ‘Personal Acts’ (which deal with particular persons, and are very rare these days). These two classes of Acts are numbered differently to Public General Acts.

You can find out more about the UK parliament and the UK legislative process at www.parliament.uk.

Acts of the pre-UK Parliaments

There are still many Acts in force that were enacted by the parliaments of the separate countries that existed in the British Isles before the United Kingdom of Great Britain and Ireland was formed in 1801. These are Acts that were enacted by:

the English Parliament (which encompassed Wales) from 1267 to 1706.
the Scottish Parliament from 1424 to 1707.
the Parliament of Great Britain (England, Wales and Scotland) from 1707 to 1800.
the Irish Parliament from 1495 to 1800.

Acts of the Scottish Parliament

The Scotland Act 1998 devolved power to make legislation to a new Scottish Parliament sitting in Edinburgh. The Scottish Parliament has power to legislate for Scotland on matters that are not specifically reserved to the UK Parliament, by the Scotland Act. There is no separate category for Acts that are local or personal.
You can find out more about the Scottish Parliament and the legislative process in Scotland at www.scottish.parliament.uk.

Measures of the National Assembly for Wales

The Government of Wales Act 2006 devolved power to make primary legislation in relation to matters set out in the Act to the National Assembly for Wales sitting in Cardiff. Initially, this legislation took the form of ‘Measures’ (but see ‘Acts of the National Assembly for Wales’ below). The Assembly had earlier been established by the Government of Wales Act 1998 with powers to legislate by means of secondary legislation in the form of Statutory Instruments. There is no separate category for Measures that are local or personal.
Measures of the National Assembly for Wales are published in both the English and Welsh languages.

Acts of the National Assembly for Wales

Following a referendum in March 2011, the National Assembly for Wales acquired the power, provided for in the Government of Wales Act 2006, to make ‘Acts’ in relation to subject areas set out in that Act. Unlike the earlier Measures, Acts of the National Assembly for Wales can be passed without first seeking the approval of the UK Government or Parliament. There is no separate category for Acts of the National Assembly for Wales that are local or personal.
Acts of the National Assembly for Wales are published in both the English and Welsh languages.
You can find out more about the National Assembly for Wales and the legislative process in Wales at www.wales.gov.uk and www.assemblywales.org.

Acts of the Northern Ireland Assembly (and other primary legislation for Northern Ireland)

As a result of the complex history of the political situation in Northern Ireland since 1921, there have been a number of changes in the way that primary legislation has been made in and for the province. For a summary of these changes see Note on Northern Ireland Legislation in the Background to Revised Legislation.
The types of primary legislation for Northern Ireland still extant are:

Acts of the Parliament of Northern Ireland (1921 – 1972)
Measures of the Northern Ireland Assembly (1974 only)
Acts of the Northern Ireland Assembly (2000 – 2002 and 2007 to date)
Orders in Council made under the Northern Ireland Acts (1972 to date)
Although this last category of legislation takes the form of UK statutory instruments (which are secondary legislation), it constitutes, in effect, the primary legislation for Northern Ireland during periods of 'direct rule' by the UK government. Orders in Council continue to be used to legislate for Northern Ireland in relation to matters that have not been devolved to the Assembly.
There is no separate category in Northern Ireland for primary legislation of a local or personal nature.
You can find out more about the Northern Ireland Assembly and its work at www.niassembly.gov.uk.

Church of England Measures

In the Church of England Assembly (Powers) Act 1919, the UK Parliament conferred on the Church Assembly the power to make legislation on matters concerning the Church of England. In 1970, the Assembly was replaced by the General Synod of the Church of England. Measures have the full force of an Act of Parliament.
You can find out more about Church of England legislation at www.churchofengland.org.

Prerogative Orders

The Crown and the Privy Council (which consists of ministers of the Crown) retain vestiges of power to legislate by royal prerogative. Prerogative Orders made in this way are called either ‘Orders in Council’ (when made by the Queen on the advice of the Privy Council) or ‘Orders of Council (when made by the Lords of the Privy Council without any approval by the Queen).
Note that such orders may also be made under powers in Statutory Instruments rather than under the prerogative (for example, the Orders in Council containing legislation for Northern Ireland). For more information see the Privy Council website.

Types of Secondary Legislation

Secondary legislation (also called ‘subordinate legislation') is made under authority contained in primary legislation.

Statutory Instruments (UK)

These are instruments made under authority contained mainly in Acts of the UK Parliament (but see also ‘Welsh Statutory Instruments’ below). There are three main types of Statutory Instrument:

‘Orders’
‘Regulations’
‘Rules’
However, there is no limit imposed on the descriptions that may be given to Statutory Instruments. Other examples include ‘Scheme’, ‘Direction’ and ‘Declaration’. Different types of instruments serve different functions, but they all have the same legislative force.
Welsh Statutory Instruments and the Orders in Council made under the Northern Ireland Acts are included in the same numbering sequence as UK Statutory Instruments. They are distinguished within that sequence by a subsidiary number in brackets after the S.I. number (e.g. “(W. 22)”, “(N.I. 15)”, etc.). There are also UK Statutory Instruments relating exclusively to Scotland which are included in the UK numbering sequence and distinguished by a subsidiary number (e.g. “(S. 27)”). These are not to be confused with Scottish Statutory Instruments (see below), which have their own numbering sequence, as do Statutory Rules of Northern Ireland.
Prior to 1948, when the Statutory Instruments Act 1946 came into force, the equivalent instruments were known as ‘Statutory Rules and Orders’.

Scottish Statutory Instruments

These are instruments made since 1999 under authority contained in Acts of the Scottish Parliament. They have their own ‘SSI’ numbering sequence, separate from the UK (‘SI’) sequence.
As in the case of UK Statutory Instruments, there are three main types of Scottish Statutory Instrument (‘Orders’, ‘Regulations’ and ‘Rules’). In addition, there are in Scotland rules of court contained in Statutory Instruments called ‘Acts of Sederunt’ and ‘Acts of Adjournal’. There may also be other descriptions of Scottish Statutory Instruments.

Welsh Statutory Instruments

Welsh Statutory Instruments are Statutory Instruments relating specifically to Wales. They form part of the same numbering sequence as UK Statutory Instruments but are distinguished within that sequence by a subsidiary number in brackets after the S.I. number (e.g. “(W. 22)”). They may be made under authority contained in Acts of the UK Parliament, Measures of the National Assembly for Wales or Acts of the National Assembly for Wales.
Welsh Statutory Instruments are published in both the English and Welsh languages.

Statutory Rules of Northern Ireland

These are the equivalent of Statutory Instruments for Northern Ireland. They may be made under authority contained in Acts of the Northern Ireland Assembly. They may also be made under authority contained in Acts of the UK Parliament or in the Orders in Council containing the primary legislation for Northern Ireland during periods of direct rule by the UK government (and which continue to be used for matters that have not been devolved to the Assembly). They have their own ‘SR’ numbering sequence, separate from the UK (‘SI’) sequence.
Despite the name, Statutory Rules occur in the same three main types as Statutory Instruments (‘Orders’, ‘Regulations’ and ‘Rules’). There may also be other descriptions of Statutory Rules.

Church Instruments

These are instruments made by the Archbishops of Canterbury and York under authority contained in Church Measures. They are sometimes also referred to in annotations to the revised legislation as ‘Archbishops’ Instruments’, and are used almost exclusively for the purpose of bringing Church Measures into force.

Bye-Laws

Brief mention should be made of one other type of secondary legislation: bye-laws. This is legislation delegated to bodies such as local authorities, operators of transport systems or public utilities. The application of bye-laws is usually limited to a particular local area or the operations of a specific public body.

Legislation on legislation.gov.uk

Most (but not all) types of legislation, both primary and secondary, are carried on legislation.gov.uk. Most types of primary legislation (broadly speaking, those of a public general nature) are held in ‘revised’ form. This means that amendments made to them by subsequent legislation are incorporated into the text. Most types of secondary legislation are not revised and are held only in the form in which they were originally made.
For pre-1991 UK legislation held and revised, the earliest revised version is the revised text as it stood at 1 February 1991 (the basedate). Where legislation has been wholly repealed before the basedate, no revised version is carried. Some Acts that were still in force at the basedate, but which were superseded by consolidations in 1991 or 1992, are not carried in revised form. Also, certain whole categories of Public General Acts enacted before the basedate are not carried in revised form (subject to a few exceptions). These categories are: Consolidated Fund Acts; Appropriation Acts; Expiring Laws Acts; Statute Law Revision Acts; Statute Law (Repeals) Acts; Acts of a local or personal nature; and Acts extending only to territory outside the UK.
The revised primary legislation of Northern Ireland, previously published in the numbered volumes of The Northern Ireland Statutes Revised and its supplements, is now incorporated. The historical versioning of the Northern Ireland statutes starts from 1 January 2006 (the Northern Ireland basedate). Where Northern Ireland legislation has been wholly repealed before the Northern Ireland basedate, no revised version is carried.
Pre-1921 UK Acts extending only to Northern Ireland (as at 1 February 1991) are not at present carried in revised form. These Acts were included in Volumes A to D of The Northern Ireland Statutes Revised and will be incorporated into the revised legislation in due course. Also, until this exercise is complete, those pre-1921 Acts extending to Northern Ireland that are held in revised form will not necessarily appear in the form in which they have effect in Northern Ireland. An ‘Editorial Information’ annotation has been inserted at the Long Title level of relevant Acts.
Details of the legislation held, and whether they are revised, are as follows:

Legislation Type	Held on legislation.gov.uk?	Revised?
Primary Legislation
Public General Acts of the United Kingdom Parliament (1801 to date)	Yes - Prior to 1988, other than Acts still in force at 1991 and revised, only selected Public General Acts are held, though these are being added to over time.	Yes
Local Acts of the United Kingdom Parliament (1801 to date)	Yes - Prior to 1991, only selected Local Acts are held. A small number of these are also revised. The number of older Local Acts carried will increase over time.	No - Prior to 1991, only selected Local Acts are held. A small number of these are also revised. The number of older Local Acts carried will increase over time.
Personal Acts of the United Kingdom Parliament (1801 to date)	No	No
Acts of the Parliament of Great Britain (1707 – 1800)	Yes	Yes
Acts of the English Parliament (1267 – 1706)	Yes	Yes
Acts of the Scottish Parliament (1424 – 1707)	Yes	Yes
Acts of the Scottish Parliament (1999 to date)	Yes	Yes
Measures of the National Assembly for Wales (2008 – 2011)	Yes	Yes
Acts of the National Assembly for Wales (2012 to date)	Yes	Yes
Acts of the Irish Parliament (1495 – 1800)	Yes	Yes
Acts of the Parliament of Northern Ireland (1921 – 1972)	Yes	Yes
Measures of the Northern Ireland Assembly (1974)	Yes	Yes
Orders in Council made under the Northern Ireland Acts (1972 to date)	Yes	Yes
Acts of the Northern Ireland Assembly (2000 – 2002 and 2007 to date)	Yes	Yes
Church of England Measures (1920 to date)	Yes	Yes
Prerogative Orders	No	No
Secondary Legislation	Prior to 2007 for Scottish Statutory Instruments, and 2008 for UK Statutory Instruments, only secondary legislation that has been printed is held. (Legislation of purely local interest, for example, may not be printed).
UK Statutory Instruments	Yes - Prior to 1987, only Statutory Instruments that are still at least partly in force in April 2011 are held.	No
Scottish Statutory Instruments (1999 to date)	Yes	No
Welsh Statutory Instruments (1999 to date)	Yes	No
Statutory Rules of Northern Ireland	Yes – from 1991 Note that, for the period 1991 to 2005, only those Statutory Rules of Northern Ireland that affect UK legislation are held.	No
Church Instruments	Yes – from 1991	No
Bye-laws	No	No

@@ Line 32: / Line 32: @@
 ===Types of Primary Legislation===
 ====Acts of the UK Parliament====
-*Most of the Acts passed by the UK Parliament are ‘Public General Acts’. They deal with matters of general public interest. A small number of Acts are ‘Private Acts’. These are further sub-divided into ‘Local Acts’ (which relate to matters of local interest) and ‘Personal Acts’ (which relate to particular persons, and are nowadays very rare). These two classes of Acts are numbered differently to Public General Acts.
+*Most of the Acts passed by the UK Parliament are ‘Public General Acts’. They deal with matters of general public interest. A small number of Acts are ‘Private Acts’. There are two types of Private Acts;  ‘Local Acts’ (which deal with matters of local interest) and ‘Personal Acts’ (which deal with particular persons, and are very rare these days). These two classes of Acts are numbered differently to Public General Acts.
 You can find out more about the UK parliament and the UK legislative process at [http://www.parliament.uk www.parliament.uk.]
 ====Acts of the pre-UK Parliaments====
 There are still many Acts in force that were enacted by the parliaments of the separate countries that existed in the British Isles before the United Kingdom of Great Britain and Ireland was formed in 1801. These are Acts that were enacted by: