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Consolidation Bills

Consolidation bills

A consolidation bill is a bill introduced into the Parliament of the United Kingdom with the intention of consolidating several Acts of Parliament and/or Statutory Instruments into one Act. Consolidation bills simplify the statute book without significantly changing the state of the law, and are subject to an expedited Parliamentary procedure.

Parliament of the United Kingdom

The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). At its head is the Sovereign; it is bicameral, including an Upper House, called the House of Lords, and a Lower House, called the House of Commons. The House of Lords includes two different types of members—the Lords Spiritual (the senior clergy of the Church of England) and the Lords Temporal (members of the Peerage); it is a wholly unelected body. The House of Commons, on the other hand, is a democratically elected chamber. The House of Lords and the House of Commons meet in separate chambers in the Palace of Westminster (commonly known as the "Houses of Parliament"), in the British capital, London (more precisely, in the borough (and city) known as the City of Westminster). By constitutional convention, all government ministers, including the Prime Minister are drawn exclusively from the House of Commons or House of Lords. Parliament evolved from the ancient council which advised the Sovereign. In theory, power is vested not in Parliament, but in the "Queen-in-Parliament" (or "King-in-Parliament"). The Queen-in-Parliament is often said to be a completely sovereign authority, though such a position is debatable. In modern times, real power is vested in the democratically elected House of Commons; the Sovereign acts only as a figurehead, and the powers of the House of Lords are greatly limited. The British Parliament is often called the "Mother of Parliaments," as the legislative bodies of many nations—most notably, those of the members of the Commonwealth—are modelled on it. However, it is a misquotation of John Bright, who had actually remarked on 18 January 1865 that "England is the Mother of Parliaments", in the context of supporting demands for expanded voting rights in a country which had pioneered Parliamentary government.

History

In the medieval period there were three kingdoms of England, Scotland and Ireland, and these developed separate parliaments. The 1707 Act of Union brought England and Scotland together under the Parliament of Great Britain, and the 1800 Act of Union included Ireland under the Parliament of the United Kingdom.

Parliament of England

The English Parliament can trace its origins to the Anglo-Saxon Witenagemot. In 1066 William of Normandy brought a feudal system where he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws. In 1215 the tenants-in-chief secured from John the Magna Carta, which established that the King may not levy or collect any taxes (except the feudal taxes to which they were hitherto accustomed), save with the consent of his royal council which slowly developed into a Parliament. In 1265, Simon de Montfort, 6th Earl of Leicester summoned the first elected Parliament. The franchise in parliamentary elections for county constituencies was uniform throughout the country, extending to all those who owned the freehold of land to an annual rent of 40 shillings (Forty-shilling Freeholders). In the boroughs, the franchise varied across the country; individual boroughs had varying arrangements. This set the scene for the so-called "Model Parliament" of 1295 adopted by Edward I. By the reign of Edward III Parliament had been separated into two Houses: one, including the nobility and higher clergy, the other, including the knights and burgesses, and no law could be made, nor any tax levied, without the consent of both Houses as well as of the Sovereign. When Elizabeth I was succeeded in 1603 by the Scottish King James VI who also became James I of England the countries both came under his personal rule but each retained its own Parliament. James I's successor, Charles I, quarrelled with Parliament and after he provoked the Wars of the Three Kingdoms their dispute developed into the English Civil War. Charles was executed in 1649 and under Oliver Cromwell's Commonwealth of England the House of Lords was abolished, and the House of Commons remained subordinate to Cromwell. After Cromwell's death the Restoration of 1660 restored the monarchy and the House of Lords. Amidst fears of a Roman Catholic succession, the Glorious Revolution of 1688 deposed James II in favour of the joint rule of Mary II and William III whose agreement to the English Bill of Rights introduced a constitutional monarchy, though the supremacy of the Crown still remained clear.

Parliament of Scotland

From the time of Kenneth mac Alpin the Scottish kingdom of Alba was ruled by chieftains and petty kings under the suzerainty of a High King, all offices being filled through election by an assembly under a system known as tanistry which combined a hereditary element with the consent of those ruled. After Macbeth was overthrown by Malcolm III in 1057 the feudal system of primogeniture was introduced as Scotland came under the influence of the Norman Conquest. In the Middle Ages the King's Council of Bishops and Earls evolved into a parliament, becoming the "colloquium" of 1235 which already had a political and judicial role. From 1326 the "three estates" had clerics, lay tenants-in-chief and the burgh commissioners sitting in a single chamber, with powers over taxation and a strong influence over justice, foreign policy, war, and legislation. The three estates chose a committee called the Lords of the Articles to draft legislation which was then presented to the full assembly to be confirmed. Following the Reformation and pressure from the Kirk, Catholic clergy were excluded from 1567, and after protestant bishops were abolished in 1638 Parliament became an entirely lay assembly. During the reign of James VI, the Lords of the Articles came more under the influence of the crown, and following his accession to the throne of England in 1603 he used them to run Scotland from London. During the Wars of the Three Kingdoms in the Covenanting period (1638–1651) the Scottish Parliament took control of the executive, effectively wresting sovereignty from King Charles I. After Scotland was invaded by Oliver Cromwell his Commonwealth government imposed a brief Anglo-Scottish parliamentary union in 1657. The Scottish Parliament returned after the Restoration of Charles II to the throne in 1660. After the Glorious Revolution formally changed England's monarch in February 1689 William summoned a Convention of the Estates which considered letters from himself and from James VII, set out its terms and duly proclaimed William and Mary II at Edinburgh on April 11 1689.

Parliament of Ireland

The Irish Parliament was founded to represent the English community in the Lordship of Ireland while the native or Gaelic Irish were ineligible to vote or stand for office, the first known meeting being in 1264. The English presence shrank to an enclave around Dublin known as the Pale. In 1541 Henry VIII declared the Kingdom of Ireland and emabarked on the Tudor re-conquest of Ireland. The Gaelic Irish lords were now entitled to attend the Irish Parliament as equals to the majority of English descent. Disputes followed the introduction of Protestantism as the state religion when most of the population remained Roman Catholic, and in 1613–1615 constituencies were fixed so that Protestant settlers held the majority in the Irish Parliament. After the Irish Rebellion of 1641, Irish Catholics were barred from voting or attending the Parliament altogether in the Cromwellian Act of Settlement 1652. Under James II & VII the Catholics regained ground and during the Jacobite war in Ireland he agreed to the Irish Parliament's demands for autonomy and restitution of lands, but after the victory of William III of England these gains were reversed with the Penal Laws making things worse. Poyning's Law made the Irish legislature subordinate to the Parliament of Great Britain, but the Constitution of 1782 removed these restrictions and about a decade later Catholics gained the right to vote, though they were still debarred from membership.

Parliament of Great Britain

Following the Treaty of Union in 1707 twin Acts of Union were passed in both the Parliament of England and the Parliament of Scotland which created a new Kingdom of Great Britain. The Acts dissolved both parliaments, replacing them with a new Parliament of the Kingdom of Great Britain based in the former home of the English parliament. While Scots law and Scottish legislation remained separate, the legislation was now dealt with by the new parliament. After the Hanoverian George I ascended the Throne in 1714 power began to shift from the Sovereign, and by the end of his reign the position of the ministers—who would in turn have to rely on Parliament for support—was cemented. Towards the end of the 18th century the monarch still had considerable influence over Parliament which itself was dominated by the English aristocracy and by patronage. At general elections the vote was restricted to landed gentry, in constituencies which were out of date so that in many rotten boroughs seats could be bought while major cities remained unrepresented. Reformers and Radicals sought parliamentary reform, but as the Napoleonic Wars developed the government became repressive and progress toward reform was stalled. Napoleonic Wars

Parliament of the United Kingdom

The United Kingdom of Great Britain and Ireland was created in 1801 by the merger of the Kingdom of Great Britain and the Kingdom of Ireland. The principle of ministerial responsibility to the Lower House did not develop until the nineteenth century. The House of Lords was superior to the House of Commons both in theory and in practice. Members of the House of Commons were elected in an antiquated electoral system, under which constituencies of vastly different sizes existed. Thus, the borough of Old Sarum, with seven voters, could elect two members, as could the borough of Dunwich, which had completely disappeared into the sea due to land erosion. In many cases, members of the Upper House controlled tiny constituencies, known as pocket boroughs or rotten boroughs, and could ensure the election of their relatives or supporters. Many seats in the House of Commons were "owned" by the Lords. After the reforms of the nineteenth century (beginning in 1832), the electoral system in the Lower House was much more regularised. No longer dependent on the Upper House for their seats, members of the House of Commons began to grow more assertive.

Modern era

The supremacy of the House of Commons was clearly established during the early twentieth century. In 1909, the Commons passed the so-called "People's Budget," which made numerous changes to the taxation system in a manner detrimental to wealthy landowners. The House of Lords, which mostly consisted of powerful landowning aristocrats, rejected the Budget. On the basis of the Budget's popularity and the Lords' consequent unpopularity, the Liberal Party won a general election in 1910. Using the result as a mandate, the Liberal Prime Minister, Herbert Henry Asquith, introduced the Parliament Bill, which sought to restrict the powers of the House of Lords. (He did not reintroduce the land tax provision of the People's Budget.) When the Lords refused to pass the bill, Asquith approached the King and requested the creation of several hundred Liberal peers so as to erase the Conservative majority in the House of Lords. In the face of such a threat, the House of Lords reluctantly passed the bill. The Parliament Act 1911, as it became known, allowed the Lords to delay a bill for a maximum of three sessions (reduced to two sessions in 1949), after which it could become law over their objections. The Irish Free State became independent in 1922 and in 1927 the UK was renamed as the United Kingdom of Great Britain and Northern Ireland. Further reforms to the House of Lords have been made during the twentieth century. In 1958, the Life Peerages Act authorised the regular creation of life peerage dignities. By the 1960s, the regular creation of hereditary peerage dignities had ceased; thereafter, almost all new peers were life peers only. More recently, the House of Lords Act 1999 has removed the automatic right of hereditary peers to sit in the Upper House (although it made an exception for ninety-two of them on a temporary basis). The House of Lords is now a chamber that is, in practice, subordinate to the House of Commons. The Scottish Parliament was established as the national unicameral legislature of Scotland by the Scotland Act 1998, and held its first meeting as a devolved legislature on 12 May 1999.

Composition

At the head of Parliament is the British Sovereign. The Sovereign's role, however, is merely ceremonial; in practice, he or she always acts on the advice of the Prime Minister and other ministers, who are in turn accountable to the two Houses of Parliament. The Upper House, the House of Lords, is mostly made up of appointed members ("Lords of Parliament"). The whole House is formally styled The Right Honourable The Lords Spiritual and Temporal in Parliament Assembled, the Lords Spiritual being clergymen of the Church of England and the Lords Temporal being Peers of the Realm. The Lords Spiritual and Lords Temporal are considered separate "estates," but they sit, debate and vote together. The Lords Spiritual formerly included all of the senior clergymen of the Church of England—archbishops, bishops, abbots and priors. Upon the Dissolution of the Monasteries under Henry VIII, however, the abbots and priors lost their positions in Parliament. All diocesan bishops continued to sit in Parliament, but the Bishopric of Manchester Act 1847 and later acts provide that only the twenty-six most senior are Lords Spiritual. These twenty-six always include the incumbents of the "five great sees," namely, the Archbishop of Canterbury, the Archbishop of York, the Bishop of London, the Bishop of Durham and the Bishop of Winchester. The remaining twenty-one Lords Spiritual are the most senior diocesan bishops, ranked in order of consecration. The Lords Temporal are all members of the Peerage. Formerly, they included hereditary peers, of the ranks of Duke, Marquess, Earl, Viscount and Baron. The right of some hereditary peers to sit in Parliament was not automatic: after Scotland and England united into Great Britain in 1707, it was provided that all peers whose dignities had been created by English Kings could sit in Parliament, but those whose dignities had been created by Scottish Kings were to elect a limited number of "representative peers." A similar arrangement was made in respect of Ireland when that nation merged with Great Britain in 1801. But when Southern Ireland left the United Kingdom in 1922, the election of Irish representative peers ceased. By the Peerage Act 1963, the election of Scottish representative peers also ended, but all Scottish peers were granted the right to sit in Parliament. Under the House of Lords Act 1999, only life peerage dignities (that is to say, peerage dignities which cannot be inherited) automatically entitle their holders to seats in the House of Lords. Of the hereditary peers, only ninety-two—the individuals exercising the offices of Earl Marshal and Lord Great Chamberlain, in addition to ninety hereditary peers elected by other peers—retain their seats in the House. The Commons, the last of the "estates" of the Kingdom, are represented in the House of Commons, which is formally styled The Honourable The Commons in Parliament Assembled. The House consists of 646 members. Previously, the House consisted of 659 members, but the number of Scottish MPs was reduced by the Scottish Parliament (Constituencies) Act 2004. Each "Member of Parliament" or "MP" is chosen by a single constituency according to the First-Past-the-Post electoral system. Universal adult suffrage exists for those 18 and over; citizens of the United Kingdom, as well as citizens of the Republic of Ireland and of Commonwealth nations resident in the United Kingdom, are qualified to vote. The term of members of the House of Commons depends on the term of Parliament; a general election, during which all the seats are contested, occurs after each dissolution (see below). The three components of Parliament are supposed to be kept separate from each other; no individual may form a part of more than one component of Parliament. Lords of Parliament are legally barred from voting in elections for members of the House of Commons; furthermore, the Sovereign by convention does not vote, although there is no statutory impediment.

Procedure

Each of the two Houses of Parliament is presided over by a Speaker. In the House of Lords, the Lord Chancellor, a member of the Cabinet, is the ex officio Speaker. Where there is a vacancy in the office, a Speaker may be appointed by the Crown. Deputy Speakers, who take the place of an absent Lord Chancellor, are also chosen by the Crown. The House of Commons has the right to elect its own Speaker. Theoretically, the approval of the Sovereign is required before the election becomes valid, but it is, by modern conventions, always granted. The Speaker's place may be taken by three deputies, known as the Chairman, First Deputy Chairman and Second Deputy Chairman of Ways and Means. (They take their name from the Committee of Ways and Means, of which they were once presiding officers, but which no longer exists.) In general, the Lord Chancellor's influence as Speaker is very limited, whilst the powers belonging to the Speaker of the House of Commons are vast. Decisions on points of order and on the disciplining of unruly members are made by the whole body in the Upper House, but by the Speaker alone in the Lower House. Speeches in the House of Lords are addressed to the House as a whole (using the words "My Lords"), but those in the House of Commons are addressed to the Speaker alone (using the words "Mr Speaker" or "Madam Speaker"). Both Houses may decide questions with voice voting; members shout out "Aye" and "No" (in the House of Commons), or "Content" and "Not-Content" (in the House of Lords), and the presiding officer declares the result. The pronouncement of the Lord Chancellor or Speaker may be challenged, and a recorded vote (known as a division) demanded. (The Speaker of the House of Commons may choose to overrule a frivolous request for a division, but the Lord Chancellor does not possess an equivalent power.) In each House, a division requires members to file into one of the two lobbies alongside the Chamber; their names are recorded by clerks, and their votes are counted as they exit the lobbies to re-enter the Chamber. The Speaker of the House of Commons, who is expected to remain non-partisan, does not cast a vote except in the case of a tie; the Lord Chancellor, however, votes along with the other Lords. (For further details on procedure, see the separate articles on the House of Lords and the House of Commons.)

Term

Following a general election, a new Parliamentary session begins. Parliament is formally summoned forty days in advance by the Sovereign, who is considered the source of parliamentary authority. On the day indicated by the Sovereign's proclamation, the two Houses assemble in their respective chambers. The Commons are then summoned to the House of Lords, where Lords Commissioners (representatives of the Sovereign) instruct them to elect a Speaker. The Commons perform the election; on the next day, they return to the House of Lords, where the Lords Commissioners confirm the election and grant the new Speaker the royal approval in the Sovereign's name. The business of Parliament for the next few days of its session involves the taking of the oaths of allegiance. Once a majority of the members have taken the oath in each House, the State Opening of Parliament may occur. The Lords take their seats in the House of Lords Chamber, the Commons appear at the Bar (immediately outside the Chamber), and the Sovereign takes his or her seat on a throne. The Sovereign then reads the Speech from the Throne—the content of which is determined by the Ministers of the Crown—outlining the Government's legislative agenda for the upcoming year. Thereafter, each House proceeds to the transaction of legislative business. By custom, before considering the Government's legislative agenda, a bill is introduced pro forma in each House—the Select Vestries Bill in the House of Lords and the Outlawries Bill in the House of Commons. These bills do not actually become laws; they are merely ceremonial indications of the power of each House to debate independently of the Crown. After the pro forma bill is introduced, each House debates the content of the Speech from the Throne for several days. Once each House formally sends its reply to the Speech, the proper legislative business of the House may commence. At once, each House becomes fully active in appointing committees, electing officers, passing resolutions and considering legislation. A session of Parliament is brought to an end by a prorogation. There is a ceremony similar to the State Opening, but it is much less well-known. Normally, the Sovereign does not personally attend the prorogation ceremony in the House of Lords; rather, he or she is represented by Lords Commissioners. The next session of Parliament begins under the procedures described above, but it is not necessary to conduct another election of a Speaker or take the oaths of allegiance afresh at the beginning of such subsequent sessions. Instead, the State Opening of Parliament is proceeded to directly. Each Parliament, after a number of sessions, comes to an end, either by the command of the Sovereign or by effluxion of time, the former being more common in modern times. The dissolution of Parliament is effected by the Sovereign, but always on the advice of the Prime Minister. The Prime Minister may seek a dissolution because the time is politically advantageous to his or her party. Furthermore, if the Prime Minister loses the support of the House of Commons, he must either resign or seek a dissolution of Parliament to renew his or her mandate. Originally, there was no fixed limit on the length of a Parliament, but the Triennial Act 1694 set the maximum duration at three years. As the frequent elections were deemed inconvenient, the Septennial Act 1716 extended the maximum duration to seven years, but the Parliament Act 1911 reduced it to five years. During the Second World War, the term was temporarily extended to ten years by Acts of Parliament. Since the end of the war in 1945, however, the maximum term has remained five years. Modern Parliaments, however, rarely continue for the maximum duration; normally, they are dissolved earlier. For instance, the Fifty-Second Parliament assembled in 1997, but was dissolved after only four years. Formerly, the demise of the Sovereign automatically brought a Parliament to an end, for the Crown was seen as the caput, principium, et finis (beginning, basis and end) of the body. It was, however, deemed inconvenient to have no Parliament at a time when succession to the Crown could be disputed. Thus, a statute passed during the reign of William III and Mary II provided that a Parliament was to continue for six months after the death of a Sovereign, unless dissolved earlier. The Representation of the People Act 1867 brought this arrangement to an end; now, a demise in the Crown does not affect the duration of a Parliament. After each Parliament concludes, a general election is held, and new members of the House of Commons elected. The membership of the House of Lords, however, does not change due to a dissolution. Each Parliament which assembles following a general election is deemed to be distinct from the one which just concluded. Thus, each Parliament is separately numbered, the present Parliament being the Fifty-Fourth Parliament of the United Kingdom (that is to say, the fifty-fourth Parliament summoned since the formation of the United Kingdom of Great Britain and Ireland in 1801). Previous Parliaments were "of Great Britain" or "of England."

Legislative functions

1801 Laws can be set by Acts of the United Kingdom Parliament. While some Acts can apply to the whole of the UK including Scotland, due to the continuing separation of Scots law many Acts do not apply to Scotland and are either matched by equivalent Acts which apply to Scotland alone or, since 1999, by legislation set by the Scottish Parliament relating to devolved matters. Laws, in draft form known as bills, may be introduced by any member of either House. Usually, however, a bill is introduced by a Minister of the Crown. A bill introduced by a Minister is known as a "Government Bill"; one introduced by another member is called a "Private Member's Bill". A different way of categorising bills involves the subject. Most bills, involving the general public, are called "Public Bills". A bill that seeks to grant special rights to an individual or small group of individuals is called a "Private Bill." A Private Bill which has broader public implications is called a "Hybrid Bill". Private Members' Bills only make up about one in eight of bills, and are far less likely to be passed than government bills. There are three methods for an MP to introduce a Private Member's Bill. The Private Members' Ballots puts names into a ballot, and those who win are given time to propose a bill. The Ten Minute Rule is another method, where MPs are granted ten minutes to outline the case for a new piece of legislation. Standing Order 58 is the third method, which allows a bill to be introduced without debate if a day's notice is given to the Speaker. Filibustering is a danger, as an opponent to a bill can waste much of the limited time allotted to it. However, all Private Members' Bills have no chance of success if the current government opposes them, but they are on occasion used in moral issues. The bills to legalise homosexuality and abortion were Private Members' Bills, for example. Governments can sometimes attempt to use Private Members' Bills to pass things it would rather not be associated with. "Handout bills" are when a government hands proposed bills to MPs that win Private Members' Ballots. Each Bill goes through several stages in each House. The first stage, called the first reading, is a mere formality. At the next stage, the second reading, the general principles of the bill are debated. At the second reading, the House may vote to reject the bill (by refusing to pass the motion "That the Bill be now read a second time"), but defeats of Government Bills are extremely rare, the last being in 2005. Following the second reading, the bill is sent to a committee. In the House of Lords, the Committee of the Whole House or the Grand Committee is used. Each consists of all members of the House; the latter operates under special procedures, and is used only for uncontroversial bills. In the House of Commons, the bill is usually committed to a Standing Committee, consisting of between sixteen and fifty members, but the Committee of the Whole House is used for important legislation. Several other types of committees, including Select Committees, may be used, but are in practice only rarely employed. A committee considers the bill clause-by-clause, and reports its proposed amendments to the entire House, where further detailed consideration occurs. However a device known as the kangaroo (Standing Order 31) allows the speaker to select which amendments are debated. This device is commonly used under Standing Order 89 by the committee chairman on behalf of the government to restrict debate in committee. Once the House considers the bill, the third reading follows. In the House of Commons, no further amendments may be made, and the passage of the motion "That the Bill be now read a third time" amounts to passage of the whole bill. In the House of Lords, however, further amendments to the bill may be moved. After the passage of the third reading motion mentioned above, the House of Lords must vote on another motion "That the Bill do now pass." Following its passage in one House, the bill is sent to the other House. If passed in identical form by both Houses, it may be presented for the Sovereign's Assent. If, however, one House passes amendments that the other will not agree to, and the two Houses cannot resolve their disagreements, the bill fails. Since the passage of the Parliament Act 1911, however, the power of the House of Lords to reject bills passed by the House of Commons has been restricted. Further restrictions were placed by the Parliament Act 1949. Under the Parliament Act, if the House of Commons passes a public bill in two successive sessions, and the House of Lords rejects them both times, then the Commons may direct that the bill be presented to the Sovereign for his or her Assent, disregarding the rejection of the Bill in the House of Lords. In each case, the bill must be passed by the House of Commons at least one calendar month before the end of the session. The provision does not apply to bills originated in the House of Lords, to bills seeking to extend the duration of a Parliament beyond five years or to Private Bills. A special procedure applies in relation to bills classified by the Speaker of the House of Commons as "Money Bills". A Money Bill solely concerns national taxation or public funds; the Speaker's certificate is deemed conclusive under all circumstances. If the House of Lords fails to pass a Money Bill within one month of its passage in the House of Commons, the Lower House may direct that the Bill be submitted for the Sovereign's Assent immediately. Even before the passage of the Parliament Acts, the Commons possessed pre-eminence in cases of financial matters. By ancient custom, the House of Lords may neither introduce a bill relating to taxation or Supply, nor amend a bill so as to insert a provision relating to taxation or Supply, nor amend a Supply Bill in any way. The House of Commons, however, is free to waive this privilege, and sometimes does so to allow the House of Lords to pass amendments with financial implications. The House of Lords, however, remains free to reject bills relating to Supply and taxation, but may be easily overruled if the bills are Money Bills. (A bill relating to revenue and Supply may not be a Money Bill if, for example, it includes subjects other than national taxation and public funds). The last stage of a bill involves the granting of the Royal Assent. Theoretically, the Sovereign may grant the Royal Assent (that is, make the bill a law) or withhold the Royal Assent (that is, veto the bill). Under modern notions of a constitutional monarchy, however, the Sovereign always grants the Royal Assent. The last refusal to grant the Assent came in 1708, when Anne withheld her Assent from a bill "for the settling of Militia in Scotland". Every bill, thus, obtains the assent of all three components of Parliament before it becomes law (except as provided by the Parliament Acts where the House of Lords is over-ridden). All laws are in theory "enacted" by the Sovereign, with the consent of the Lords and Commons. The words "BE IT ENACTED by the Queen's [King's] most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-" form a part of each Act of Parliament (where the House of Lords' authority has been overridden through the usage of the Parliament Acts, the words "BE IT ENACTED by The Queen's [King's] most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-" are used instead). These words at the beginning of every Act is known as the enacting formula.

Judicial functions

In addition to its legislative functions, Parliament also performs several judicial functions. The Queen-in-Parliament constitutes the highest court in the realm for most purposes, but the Privy Council has jurisdiction in some cases (for instance, appeals from ecclesiastical courts). The jurisdiction of Parliament arises from the ancient custom of petitioning the Houses to redress grievances and to do justice. The House of Commons ceased considering petitions to reverse the judgements of lower courts in 1399, effectively leaving the House of Lords as the realm's court of last resort. In modern times, the judicial functions of the House of Lords are performed not by the whole House, but by a group of "Lords of Appeal in Ordinary" (judges granted life peerage dignities under the Appellate Jurisdiction Act 1876 by the Sovereign) and by "Lords of Appeal" (other peers with experience in the judiciary). The Lords of Appeal in Ordinary and Lords of Appeal (or "Law Lords") are Lords of Parliament, but normally do not vote or speak on political matters. In the late 19th century Acts allowed for the appointment of Scottish Lords of Appeal in Ordinary and ended appeal in Scottish criminal matters to the House of Lords so that the High Court of Justiciary became the highest criminal court in Scotland. Nowadays the House of Lords legislative committee usually has a minimum of two Scottish Judges to ensure that some experience of Scots law is brought to bear on Scottish appeals in civil cases, from the Court of Session. Certain other judicial functions have historically been performed by the House of Lords. Until 1948, it was the body in which peers of the Realm had to be tried for felonies or high treason; now, peers are tried by normal juries. Furthermore, when the House of Commons impeaches an individual, the trial takes place in the House of Lords. Impeachments, however, are now rare; the last impeachment occurred in 1806. There are currently a number of MPs attempting to revive the custom who have signed a motion for the impeachment of the Prime Minister, but this will definitely not succeed.

Relationship with the Government

The British Government is answerable to the House of Commons. However, neither the Prime Minister nor members of the Government are elected by the House of Commons. Instead, the Queen requests the person most likely to command the support of a majority in the House, normally the leader of the largest party in the House of Commons, to form a government. So that they may be accountable to the Lower House, the Prime Minister and most members of the Cabinet are members of the House of Commons instead of the House of Lords. The last Prime Minister to be a Lord of Parliament was Alec Douglas-Home, 14th Earl of Home, who became Prime Minister in 1963. Nevertheless, to adhere to the convention under which he was responsible to the Lower House, Lord Home disclaimed his peerage dignity and procured election to the House of Commons within days of becoming Prime Minister. Governments have a tendency to dominate the legislative functions of Parliament, by using their inbuilt majority in the House of Commons, and sometimes using their patronage power to appoint supportive peers in the Lords. In practice, governments can pass any legislation (within reason) in the Commons they wish, unless there is major dissent by MPs in the governing party. But even in these situations, it is highly unlikely a bill will be defeated, but dissenting MPs may be able to extract concessions from the government. In 1976, Lord Hailsham created a now widely used name for this behaviour, in an academic paper called "elective dictatorship". Parliament controls the executive by passing or rejecting its Bills and by forcing Ministers of the Crown to answer for their actions, either at "Question Time" or during meetings of the parliamentary committees. In both cases, the Ministers are asked questions by members of their Houses, and are obliged to answer. Although the House of Lords may scrutinise the executive through Question Time and through its committees, it cannot bring about the end of a Government. A ministry must, however, always retain the confidence and support of the House of Commons. The Lower House may indicate its lack of support by rejecting a Motion of Confidence or by passing a Motion of No Confidence. Confidence Motions are generally originated by the Government in order to reinforce its support in the House, whilst No Confidence Motions are introduced by the Opposition. The motions sometimes take the form "That this House has [no] confidence in Her Majesty's Government" but several other varieties, many referring to specific policies supported or opposed by Parliament, are often used. For instance, a Confidence Motion of 1992 used the form, "That this House expresses the support for the economic policy of Her Majesty's Government." Such a motion may theoretically be introduced in the House of Lords, but, as the Government need not enjoy the confidence of that House, would not be of the same effect as a similar motion in the House of Commons; the only modern instance of such an occurrence involves the No Confidence Motion that was introduced in 1993, and subsequently defeated. Many votes are considered votes of confidence, although not specifically involving the language mentioned above. Important bills that form part of the Government's agenda (as stated in the Speech from the Throne) are generally considered matters of confidence. The defeat of such a bill by the House of Commons indicates that a Government no longer has the confidence of that House. Furthermore, the same effect is achieved if the House of Commons "withdraws Supply", that is, rejects the budget. Where a Government has lost the confidence of the House of Commons, the Prime Minister is obliged either to resign, or seek the dissolution of Parliament and a new general election. Where a Prime Minister has ceased to retain a majority in that vote and requests a dissolution, the Sovereign can in theory reject his request, forcing his resignation and allowing the Leader of the Opposition to be asked to form a new government. This power however is supposed to be used extremely rarely. The conditions that should be met to allow such a refusal are known as the Lascelles Principles. Note, however, that these conditions and principles are merely informal conventions; it is possible, though highly improbable, for the Sovereign to refuse a dissolution for no reason at all. In practice, the House of Commons' scrutiny of the Government is very weak. Since the First-Past-the-Post electoral system is employed in elections, the governing party tends to enjoy a large majority in the Commons; there is often limited need to compromise with other parties. Modern British political parties are so tightly organised that they leave relatively little room for free action by their MPs. In many cases, MPs may be expelled from their parties for voting against the instructions of party leaders. During the twentieth century, the Government has lost confidence issues only thrice—twice in 1924, and once in 1979.

Sovereignty

Several different views have been taken of Parliament's sovereignty. According to the jurist Sir William Blackstone, "It has sovereign and uncontrollable authority in making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations, ecclesiastical, or temporal, civil, military, maritime, or criminal … It can, in short, do every thing that is not naturally impossible." A different view, however, has been taken by the Scottish judge Lord Cooper of Culross. When he decided the case of MacCormick v. Lord Advocate as Lord President of the Court of Session, he stated, "the principle of unlimited sovereignty of Parliament is a distinctively English principle and has no counterpart in Scottish constitutional law." He continued, "Considering that the Union legislation extinguished the Parliaments of Scotland and England and replaced them by a new Parliament, I have difficulty in seeing why the new Parliament of Great Britain must inherit all the peculiar characteristics of the English Parliament but none of the Scottish." Nevertheless, he did not give a conclusive opinion on the subject. Thus, the question of Parliamentary sovereignty appears to remain unresolved. Parliament has not passed any Act defining its own sovereignty. Parliament's power has often been eroded by its own Acts. Acts passed in 1921 and 1925 grant the Church of Scotland complete independence in ecclesiastical matters. More recently, its power has been restricted by the United Kingdom's membership of the European Union, which has the power to make laws enforceable in each member state. In the Factortame case, the European Court of Justice ruled that UK courts could have powers to overturn legislation contravening EU law. This new power is a breach of parliamentary sovereignty, which is part of the UK constitution. Parliament has also created national devolved assemblies with legislative authority in Scotland, Wales and Northern Ireland. However, Parliament still has the power over areas for which responsibility lies with the devolved institutions, but would usually ask permission of those institutions to act on its behalf. Similarly, it has granted the power to make regulations to Ministers of the Crown, and the power to enact religious legislation to the General Synod of the Church of England. (Measures of the General Synod and, in some cases, proposed statutory instruments made by ministers must be approved by both Houses before they become law.) In every case aforementioned, however, authority has been conceded by Act of Parliament, and may be taken back in the same manner. It is entirely within the authority of Parliament to, for example, abolish the devolved governments in Scotland, Wales and Northern Ireland or to leave the EU. However, especially in the case of withdrawing from EU membership, the political costs (the UK's economy and reputation in Europe would most likely be hugely damaged) of such a move would surely prevent it from occurring. Legally, Parliament's sovereignty has not been curtailed; however, in a political sense, its own Acts have reduced Parliament’s sovereignty, especially the European Communities Act 1972 (UK), which made the UK a member of the EU. One well-recognised exception to Parliament's power involves binding future Parliaments. No Act of Parliament may be made secure from amendment or repeal by a future Parliament. For example, although the Act of Union 1800 states that the Kingdoms of Great Britain and Ireland are to be united "forever," Parliament permitted Southern Ireland to separate into a distinct nation, the Irish Free State, in 1922.

Privileges

Each House of Parliament possesses and guards various ancient privileges. The House of Lords relies on inherent right. In the case of the House of Commons, the Speaker goes to the Lords' Chamber at the beginning of each new Parliament and requests representatives of the Sovereign to confirm the Lower House's "undoubted" privileges and rights. The ceremony observed by the House of Commons dates to the reign of Henry VIII. Each House is the guardian of its privileges, and may punish breaches thereof. The extent of parliamentary privilege is based on law and custom. Sir William Blackstone states that these privileges are "very large and indefinite," and cannot be defined except by the Houses of Parliament themselves. The foremost privilege claimed by both Houses is that of freedom of speech in debate; nothing said in either House may be questioned in any court or other institution outside Parliament. Another privilege is that of freedom from arrest except for high treason, felony or breach of the peace; it applies from during a session of Parliament, as well as forty days before or after such a session. Members of both Houses are also privileged from service on juries. Both Houses possess the power to punish breaches of their privilege. Contempt of Parliament — for example, disobedience of a subpoena issued by a committee — may also be punished. The House of Lords may imprison an individual for any fixed period of time, but an individual imprisoned by the House of Commons is set free upon prorogation. The punishments imposed by either House may not be challenged in any court.

References

- Blackstone, Sir William. (1765). Commentaries on the Laws of England. Oxford: Clarendon Press.
- [http://www.parliament.the-stationery-office.co.uk/pa/ld/ldcomp/compso.htm Davies, M. (2003). Companion to the Standing Orders and guide to the Proceedings of the House of Lords, 19th ed.]
- Farnborough, Thomas Erskine, 1st Baron. (1896). Constitutional History of England since the Accession of George the Third, 11th ed. London: Longmans, Green and Co.
- "Parliament." (1911). Encyclopædia Britannica, 11th ed. London: Cambridge University Press.

External links

- [http://www.parliament.uk/ The Parliament of the United Kingdom. Official website.]
- [http://www.parliamentlive.tv/ The Parliament of the United Kingdom. Parliament Live TV.]
- [http://news.bbc.co.uk/1/hi/uk_politics/a-z_of_parliament/ The British Broadcasting Corporation. (2005). "A–Z of Parliament."]
- [http://politics.guardian.co.uk/commons/ The Guardian. (2005). "Special Report: House of Commons."]
- [http://politics.guardian.co.uk/lords/ The Guardian. (2005). "Special Report: House of Lords."]
- [http://www.leeds.ac.uk/law/hamlyn/statutor.htm Parliamentary procedure site at Leeds University]
- Category:National legislatures Category:Westminster Category:Politics of the United Kingdom Category:United Kingdom constitution United Kingdom United Kingdom

Acts of Parliament

In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. It can also be a private bill. It usually starts as a draft proposal, known as a White Paper. A Bill is then introduced into the House of Commons or House of Representatives or the House of Lords or Senate. By constitutional convention, Bills which contain significant provisions relating to taxation or public expenditure start in the House of Commons; in Canada this is the law. In the UK, Law Commission bills and consolidation bills start in the House of Lords. In some countries, the bill receives different names if initiated by the Government (Project) or by the Parliament (Proposition), like in Spain and Portugal.

Procedure

UK

In the UK, each bill passes through the following stages: # Pre-legislative scrutiny: It is increasingly common for a small number of Government bills to be published in draft before they are presented in Parliament. These bills are then considered either by the relevant select committee of the House of Commons or by an ad hoc Joint Committee of both Houses. This is not strictly speaking part of the legislative process, but it provides an opportunity for the Committee to express a view on the bill and propose amendments before it is introduced. # First reading: This is a formality; no vote occurs. The Bill is presented and ordered to be printed and, in the case of Private Members' bills, a date is set for second reading. #
- In the case of a Government Bill, Explanatory Notes, which try to explain the effect of the Bill in more simple language are also usually ordered to be printed. #
- A Government Bill can be introduced first into either House. Bills which deal primarily with taxation or public expenditure begin their passage in the Commons, since the financial privileges of that House mean that it has primacy in these matters (see Parliament Acts 1911 and 1949). Conversely, bills relating to the judicial system, Law Commission bills and consolidation bills begin their passage in the House of Lords which by convention has primacy in these matters. # Second reading: A debate on the general principles of the bill is followed by a vote. Normally, the Second Reading of a Government bill is approved. A defeat for a Government bill on this Reading usually signifies a major loss. If the bill is read a second time, it is proceeds to the committee stage. #
- Procedural Orders and Resolutions: Immediately after Second Reading, in the case of Government Bills, the House normally passes forthwith (i.e. without debate) a Programme Order, setting out the timetable for the committee and remaining stages of the Bill. It may also pass a separate Money Resolution, authorising any expenditure arising from the Bill; and/or a Ways and Means Resolution, authorising any new taxes or charges the Bill creates. #
- Bills are not programmed in the House of Lords. # Committee stage: This usually takes place in a standing committee in the Commons and on the Floor of the House in the Lords. In the United Kingdom, the House of Commons utilizes the following committees on bills: #
- Standing Committee: Despite the name, a standing committee is a committee specifically constituted for a certain bill. Its membership reflects the strengths of the parties in the House. #
- Special Standing Committee: The committee investigates the issues and principles of the bill before sending it to a regular Standing Committee. This procedure has been used very rarely in recent years (the Adoption and Children Bill in 2001-02 is the only recent example); the pre-legislative scrutiny process (see above) is now preferred. #
- Select Committee: A specialized committee that normally conducts oversight hearings for a certain Department considers the bill. This procedure has not been used in recent years, with the exception of the quinquennial Armed Forces Bill, which is always referred to a select committee. #
- Committee of the Whole House: The whole house sits as a committee in the House of Commons to consider a bill. Bills usually considered in this way are: the principal parts of the annual Finance Bill, bills of first-class constitutional importance, and bills which aer so un-controversial that the committee stage may be dispensed with quickly and easily on the floor of the House, without the need to nomniate a committee (some Private Members' Bills are usually dealt with this way each year). This is also the procedure used in the upper house. #
- Grand Committee (House of Lords): This is a recent new procedure used for some bills which is intended to speed up business. Although it takes place in a separate room, it is technically still a committee of the whole House in that all members can attend and participate. Procedure is the same as for a Committee in the main Chamber, but there are no votes. #: The committee considers each clause of the bill, and may make amendments to it. Significant amendments may be made at committee stage. In some cases, whole groups of clauses are inserted or removed. However, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill, to enact changes to policy made since the bill was introduced (or, in some cases, to import material which was not ready when the bill was presented), or to reflect concessions made as a result of earlier debate. # Consideration (or Report) stage: this takes place on the Floor of the House, and is a further opportunity to amend the bill. Unlike committee stage, the House need not consider every clause of the bill, only those to which amendments have been tabled. # Third reading: a debate on the final text of the bill, as amended. In the Lords, further amendments may be made on third reading, in the Commons it is usually a short debate followed by a single vote; amendments are not permitted. # Passage: The Bill is then sent to the other House (to the Lords, if it originated in the Commons; to the Commons, if it is a Lords Bill), which may amend it. The Commons may reject a bill from the Lords outright; the Lords may amend a bill from the Commons but, if they reject it, the Commons may force it through without the Lords' consent in the following Session of Parliament, as is detailed below. Furthermore, the Lords can neither initiate nor amend Money Bills, bills dealing exclusively with public expenditure or the raising of revenue. If the other House amends the Bill, the Bill and amendments are sent back for a further stage. # Consideration of Lords/Commons Amendments: The House in which the bill originated considers the amendments made in the other House. It may agree to them, amend them, propose other amendments in lieu or reject them. A Bill may pass backwards and forwards several times at this stage, as each House amends or rejects changes proposed by the other. If each House insists on disagreeing with the other, the Bill is lost, unless the Parliament Acts are invoked. # The Parliament Acts: Under the Parliament Acts 1911 and 1949, which do not apply for bills seeking to extend Parliament's length to more than five years, if the Lords reject a bill originated in the House of Commons, then the Commons may pass that bill again in the next session. The Bill is then submitted for Royal Assent even though the Lords did not pass it. Also, if the Lords do not approve of a Money Bill within thirty days of passage in the Commons, the bill is submitted for Royal Assent nevertheless.

Australia

In Australia, the bill passes through the following stages: # First Reading: Again, this stage is a mere formality. # Second Reading: As in the UK, the stage involves a debate on the general principles of the bill is followed by a vote. Again, the Second Reading of a Government bill is usually approved. A defeat for a Government bill on this Reading signifies a major loss. If the bill is read a second time, it is then considered in detail # Consideration in Detail: This usually takes place on the Floor of the House. Generally, committees are not used to consider the bill in detail. # Third reading: A debate on the final text of the bill, as amended. Very rarely do debates occur during this stage. # Passage: The Bill is then sent to the other House (to the Senate, if it originated in the House of Representatives; to the Representatives, if it is a Senate Bill), which may amend it. If the other House amends the Bill, the Bill and amendments are sent back to the original House for a further stage. # Consideration of Senate/Representatives Amendments: The House in which the bill originated considers the amendments made in the other House. It may agree to them, amend them, propose other amendments in lieu or reject them. However, the Senate may not amend Money Bills, though it can "request" the House to make amendments. A Bill may pass backwards and forwards several times at this stage, as each House amends or rejects changes proposed by the other. If each House insists on disagreeing with the other, the Bill is lost. # Disagreement between the Houses: Often, when a bill cannot be passed in the same form by both Houses, it is "laid aside." Sometimes, a special constitutional procedure allowing the passage of the bill without the agreement of both houses is allowed. If the House twice passes the same bill, and the Senate twice fails to pass that bill (either through rejection or through the passage of unacceptable amendments), then the Governor-General may dissolve both Houses of Parliament. If the House again passes the bill after the election, but the deadlock between the Houses persists, then the Governor-General may convene a joint sitting of both Houses, where a final decision will be taken on the bill. The procedure only applies if the bill originated in the House of Representatives. Six double-dissolutions have occurred, though a joint session only became necessary once.

Canada

In Canada, the bill passes through the following stages: # First Reading: Again, this stage is a mere formality. # Second Reading: As in the UK, the stage involves a debate on the general principles of the bill is followed by a vote. Again, the Second Reading of a Government bill is usually approved. A defeat for a Government bill on this Reading signifies a major loss. If the bill is read a second time, then it progresses to the committee stage. # Committee stage: This usually takes place in a standing committee in the Commons. #
- Standing Committee: The standing committee is a permanent one; each committee deals with bills in specific subject areas. Canada's standing committees is similar to the UK's select committees. #
- Special Committee: The procedure is not used often. #
- Legislative Committee: A legislative committee is especially appointed for a certain bill, like the UK's standing committees. #
- Committee of the Whole House: The whole house sits as a committee in the House of Commons to consider appropriation bills. #: The committee considers each clause of the bill, and may make amendments to it. Significant amendments may be made at committee stage. In some cases, whole groups of clauses are inserted or removed. However, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which was not ready when the bill was presented). # Consideration (or Report) stage: this takes place on the Floor of the House, and is a further opportunity to amend the bill. # Third reading: A debate on the final text of the bill, as amended. Very rarely do debates occur during this stage. # Passage: The Bill is then sent to the other House (to the Senate, if it originated in the House of Commons; to the Commons, if it is a Senate Bill), which may amend it. If the other House amends the Bill, the Bill and amendments are sent back to the original House for a further stage. # Consideration of Senate/Commons Amendments: The House in which the bill originated considers the amendments made in the other House. It may agree to them, amend them, propose other amendments in lieu or reject them. If each House insists on disagreeing with the other, the Bill is lost. # Disagreement between the Houses: There is no specific procedure under which the Senate's disagreement can be overruled by the Commons. The Senate's rejection is absolute. The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second and third readings, the motion is "That this bill be now read a second [third] time." In the Committee stage, the debate is on the motions for specific amendments and the motion "That the clause [as amended] stand part of the bill," which is presented on every clause, whether amended or not. In the Report stage, the debate is on the motions for specific amendments. The final motion is "That the bill do now pass." Since the mid-19th century, in most but not all cases, the votes by the House of Commons are a formality in which the vote is predetermined by party lines. Because the Westminster system requires the government to keep the support of the House of Commons, the rejection of a bill by Commons is a major political crisis. Therefore, the government will in almost all cases ensure passage of a bill by a combination of modifying the bill so that it is acceptable to members of the ruling party and pressuring party members to vote for the bill. Unlike the American or UK systems, a Member of Parliament rarely votes against party instructions. Exceptions are cases of political crisis or matters of conscience such as the age of consent, in which the government may declare a free vote in which Members of Parliament are absolved of the requirement of voting with their party. It can either fail or pass and then go on to final, formal examination by the Governor General who invariably gives it the Royal Assent. Although the Governor General can in theory refuse to endorse a bill at this stage, this power has not been used in recent times. See also: List of Acts of Parliament of Canada

New Zealand

In New Zealand, the bill passes through the following stages: # First Reading: MPs debate and vote on the bill. If a bill is approved, it passes on to the committee stage. # Select Committee stage: The bill is considered by a Select Committee, which scrutinises the bill in detail and hears public submissions on the matter. The Committee may recommend amendments to the bill. # Second Reading: The general principles of the bill are debated, and a vote is held. If the bill is approved, it is put before a Committee of the House. # Committee of the House: The bill is debated and voted on, clause by clause, by the whole House sitting as a committee. # Third Reading: Summarising arguments are made, and a final vote is taken. If the bill is approved, it is passed to the Governor-General for Royal Assent. New Zealand has no upper house, and so no approval is necessary.

UK Details

Types of Acts

Acts of Parliament are of three types - # Public Acts are for laws of general application (e.g. reforming the criminal justice system), which affect a general class or category of persons. Such a class or category might include, for example, all citizens, all people above or below a certain age, all pensioners, prisoners, local authorities or public limited companies. # Private Acts affect a specific person (real or legal) differently from others. They include acts to confer powers on certain local authorities (but not others), acts affecting certain companies established by Act of Parliament (e.g. TSB, Transas), and acts which allow major works projects (e.g. the Channel Tunnel Rail Link), which grant special powers on the company undertaking the work (e.g. the compulsory purchase of land). Personal acts are a sub-category of private acts, which confer specific rights or duties on a named individual or individuals (e.g. allowing two persons to marry even though they are within a "prohibited degree of consanguinity or affinity"). # Hybrid Acts combine elements of both Public and Private acts. They are very rare, though the [http://www.parliament.uk/about_commons/prbohoc/hybrid_bills.cfm Crossrail Bill], a hybrid bill to build a railway across London from west to east, is currently before the House of Commons. Private Bills, common in the 19th Century, are now rare, as new planning legislation introduced in the 1960s removed the need for many of them. They are subject to a different procedure from that for Public Bills, described above, involving a quasi-judicial committee of three MPs. It is important not to confuse Private Bills with Private Member's Bills; the latter are classed as Public Bills.

Sovereignty

In the UK, Parliament has almost unlimited sovereignty. (In particular its sovereignty over the Church of Scotland was disputed for three centuries with Parliament finally admitting its lack of sovereignty in the 1920s.) As such Acts of Parliament are generally without limit or constraint. Although in modern times, European Law and Human Rights Legislation can overturn some Acts, this is only because another Act has declared so. Similarly, although Parliament has devolved significant powers to the Scottish Parliament and Welsh Assembly, it is free to overrule or even abolish either institution, although this would be unlikely in practice. British law is also made through Statutory Instruments (SIs). These are laws which are made in the name of a Government minister, exercising legislative powers delegated to him or her by Act of Parliament. Some of these must be approved by Parliament before they can become law, others need only be laid before Parliament a certain number of days (usually 40) before coming into force. They are used because they are much faster and simpler to implement than a full act of Parliament, and are more easily amended to reflect changing circumstances. SIs are sometimes described as "secondary legislation, not second class legislation". They have the same force as an Act of Parliament, and much of the UK's law is made in this way. There are literally thousands of SIs each year, compared with around 50 Acts. Statutory Instruments are also used to bring Acts into force. Most Acts have sections that come into effect upon Royal Assent, or at a set date thereafter. However, other sections are brought into force using a SI which is titled [Bill Name] Commencement Order No. #. There can be as many as half a dozen Commencement Orders with some legislation. International treaties are not effective in domestic UK law until enforced by an Act of Parliament (e.g. The European Communities Act, which brought the UK into the European Union, the Single European Act which allowed for the creation of the single European internal market or the Outer Space Act which deals with international treaties on Space).

Historical Records

All UK Acts of Parliament since 1497 are kept in the House of Lords Record Office, including the oldest Act: The "Taking of Apprentices for Worsteads in the County of Norfolk" Act 1497, a reference to the wool worsted manufacture at Worstead in Norfolk, England. Acts before 1962 are referenced using 'Year of reign', 'Monarch', c., 'Chapter number' - e.g. 16 Charles II c. 2 - to define a chapter of the appropriate statute book. Since 1962, the regnal year has been replaced by the calendar year. All recent Acts have a short title, or citation (e.g. Local Government Act 2003, National Health Service Act 1974).

Acts of Historical Importance

The most important Acts in UK history are listed below:
- Act of Union 1536 - united England and Wales
- Bill of Rights 1689 - placed (or restated) limits on the monarch's power
- Act of Settlement 1701 - established a line of succession for the monarchy
- Act of Union 1707 - united England and Scotland into Great Britain
- Act of Union 1800 - united Great Britain and Ireland into the United Kingdom
- Reform Act 1832 - with later Reform Acts and Representation of the People Acts, extended the franchise and removed rotten boroughs
- Parliament Act 1911 (amended 1949) - allowed the House of Commons to overrule the House of Lords after a delay
- Statute of Westminster 1931 - gave constitutional independence to the British dominions overseas
- European Communities Act 1972 - made the UK part of what is now the European Union providing for the application of European Law
- Scotland Act 1998 - established an autonomous Scottish Parliament
- Government of Wales Act 1998 - Creation of a National Assembly For Wales See also: List of Acts of Parliament in the United Kingdom

Topical Acts

Current Acts of Parliament of special interest:
- Identity Cards Bill - under discussion in Parliament
- Terrorism Act 2000
- Freedom of Information Act 2000

External links

- All Acts of Parliament (since 1988) and Statutory Instruments are available free on-line under Crown copyright terms from the Office of Public Sector Information (OPSI) [http://www.opsi.gov.uk/]
- [http://www.parliament.uk/documents/upload/l01.pdf Parliamentary Stages of a Government Bill (pdf)] from the House of Commons Information Office. Category:Westminster System Category:Statutory law

Statutory Instrument

Statutory Instruments (SIs) are parts of United Kingdom law separate from Acts of Parliament which do not require full Parliamentary approval before becoming law. These are usually brought to Parliament by a Government minister, exercising legislative powers delegated to them by an Act of Parliament. Statutory instruments are also known as delegated legislation or secondary legislation. As noted below in this article, statutory instruments are also employed in other Commonwealth of Nations countries besides the United Kingdom.

Legal framework

Statutory Instruments come in two forms: those passed by affirmative procedure, where they must be approved by the two Houses of Parliament before they can become law, and those passed by negative procedure, where they are merely laid before Parliament, with Parliament able to annul them if it desires. The section of the Act of Parliament that grants the power will usually state whether the power is to be exercised by Statutory Instrument and which parliamentary procedure is to apply. Generally, if it is a potentially contentious power, the affirmative route will be required, and if not, the negative route. Statutory Instruments are not necessarily the same thing as an Order-in-Council: Statutory Instruments are 'delegated legislation' (the power is delegated by Parliament), whereas Orders-in-Council either operate through the Royal Prerogative or are made under powers created in statute. The latter will generally be made by Statutory Instrument, the former not. Statutory Instruments are used because they are much faster and simpler to implement than a full Act of Parliament. SIs are sometimes described as "secondary legislation, not second class legislation". They have the same force as an Act of Parliament, and the great majority of the United Kingdom's law is made in this way. Several thousand SIs are passed each year, compared to only a few dozen Acts. Some Acts of Parliament grant ministers "reformative powers", with future Statutory Instruments able to modify the Act themselves; this capability is sometimes pejoratively called "Henry VIII powers" in reference to Henry VIII's noted ability to do anything he desired. This type of authorisation became popular in government in the 1920s, but have become rarely used due to accusations of too much power.

Use

The most frequent single use of Statutory Instruments is the process of incorporating into UK law provisions of Directives of the European Union, which are brought in under the provisions of the European Communities Act 1972.

Delayed primary legislation

Statutory Instruments are also used to bring Acts of Parliament into force: it is not uncommon for quite major pieces of legislation to be passed by Parliament with all the sections 'turned off', and a power for the Minister to 'turn them on' (or 'bring into force' as it is properly called) at a later date by means of a Commencement Order. Some sections are never brought into force at all. A notable example of this is the Regulation of Investigatory Powers Act 2000, which has had a number of SIs enacted.

Reformative powers

Reformative powers were put in place in the Electronic Communications Act 2000 to allow the modification of any law that went against the Act; it was designed to be used by the DTI to allow Internet-based publishing of annual reports and the like, amongst other measures. A more significant use of "Henry VIII powers" was the Regulatory Reform Act 2001, which provides for affirmative route Statutory Instruments to modify any legislation older than two years. Examples of its use have included Statutory Instrument 2004 No. 470 which repealed section 26 of the Revenue Act 1889 (and so re-legalised the selling of methylated spirits on a Saturday night or a Sunday), and Statutory Instrument 2005 No. 871 which repealed the entirety of the Trading Stamps Act 1964.

Devolution

The advent of devolution in 1999 resulted in many powers to make Statutory Instruments being transferred to the Scottish Executive and Welsh Assembly Government, and oversight to the Scottish Parliament and National Assembly for Wales. Instruments made by the Scottish Executive are now classed separately as Scottish Statutory Instruments.

Other countries

Similarly to the United Kingdom, national and state/provincial governments in Australia and Canada call their delegated legislation 'Statutory Instruments'. As well, Canada uses statutory instruments for Proclamations of the Queen of Canada. For example, the Proclamation of the Queen of Canada on April 17, 1982 brought into force the Constitution Act 1982, the UK parts of which are known as the Canada Act 1982.

Examples of Statutory Instruments

- Statutory Instrument 1997 No. 1840

References

- [http://www.parliament.uk/documents/upload/L07.pdf Factsheet guide to SIs] from the House of Commons Information Office.
- [http://www.parliament.uk/documents/upload/DPRRguide.pdf Guide to SIs and other forms of delegated powers] to Government Departments from the House of Lords's Delegated Powers and Regulatory Reform Committee, April 2005.
- [http://www.chiark.greenend.org.uk/pipermail/ukcrypto/2005-June/078935.html Post from June 2005] to UK-Crypto discussing specific SIs.

External links

- All United Kingdom Acts of Parliament from 1988 onwards and Statutory Instruments from 1987 onwards are available free on-line under Crown copyright terms from the Office of Public Sector Information (HMSO) at http://www.opsi.gov.uk/
- Acts of the Scottish Parliament and Scottish Statutory Instruments are available free on-line under Crown copyright terms from HMSO at http://www.scotland-legislation.hmso.gov.uk
- [http://laws.justice.gc.ca/en/index/index.html List of Canadian Statutory Instruments] Category:United Kingdom law

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Der Elisenturm ist ein gut 21 Meter hoher Aussichtsturm in Wuppertal in einer Parkanlage auf dem Höhenzug der Hardt nördlich der Wupper errichtet. Seinen Namen erhielt der Turm zu Ehren von Elisabeth Ludovika von Bayern, genannt Elise, der Gemahlin 6. Februar 1905 in Krosno, Polen; † 1. September 1982 in Warschau) war ein polnischer Politiker und Parteichef der Ploučnice (Polzen) bei Noviny pod Ralskem (Neuland) in Nordböhmen (Tschechien). Über 150m fließt die Ploučnice (Polzen) durch einen künstlichen Kanal, der teilweise unterirdisch in einem Tunnel verläuft. Gebaut wurde die Anlage i