Introduction to UK Legislation

Bodleian Law LibraryLast updated November 2010

Session overview Types of Legislation The Legislatative process

-Bills-Parliamentary process

Sources of Legislation-Unamended and amended- Keeping up to date

Types of legislation Primary legislation

Bills – Public, Private and Hybrid Acts – Public General, Local and Personal

Secondary or delegated legislation Statutory Instruments (S.I.s) Orders, Codes of Practice, etc

Pre-legislative materials Before a Bill is introduced research

may have already been conducted in the form of: Green papers White papers Law Commission reports and working

papers Royal Commissions Public Inquiries

Where to find… information on pre-legislative

materials: Lawtel – Bills, Command Papers and

News & Press databases Internet – check Government websites

and the Parliament website Westlaw

Progress of a Bill A bill can start in either the Commons or Lords

First Reading : the bill's title is read out in parliament

Second Reading : debate on the general principles of the bill

Committee Stage : the bill is examined clause by clause and amendments discussed

Report Stage : allows for further amendments to be made on the bill

Third Reading : a final opportunity to comment on the amended bill

Once the bill has completed the same procedure in each House the final text of Bill is agreed

Bill receives Royal Assent and becomes an Act of Parliament

Where to find Bills information on Bills

Parliament website• http://www.parliament.uk/bills/bills.cfm

Hansard Weekly Information Bulletin Sessional Information Digest LexisNexis Butterworths Lawtel

Acts Royal Assent Act comes in force:

• Straightaway• Day to be assigned• Commencement orders

Citing references to… Acts:

Public General Acts are cited using Arabic numerals, e.g.:• Companies Act 1985 (c 6)

Prior to 1963 Acts cited by regnal year, e.g.:• Debtors Act 1869 (32 & 33 Vict cap 62)

The C or Cap is chapter and is the number given to an act within a given year

Citing references to… Acts (continued):

Local Acts are cited using Roman numerals, e.g.:• British Railways (Liverpool Street Station)

Act 1983 (cap. iv) Personal & Private Acts are cited using

Arabic numerals given in italics, e.g.:• Hugh Small and Norma Small (Marriage

Enabling) Act 1982 (cap. 2)

Where to find legislation Original texts

Queen’s Printer’s copy (hard copy) Current Law Statutes Annotated (hard copy) Justis (electronic) Law Reports Statutes (hard copy) Lawtel (electronic)

Amended texts Halsbury’s Statutes (hard copy) LexisNexis Butterworths (electronic) Westlaw (electronic) Legislation.gov (free electronic resource)

Secondary legislation Majority of secondary legislation is in

the form of S.I.s Over 3,500 S.I.s are made each year S.I.s are used to add detail to an Act Also used to bring Acts into force

(commencement orders)

Citing references to… S.I.s

Draft S.I.s are not numbered Once an SI is approved it receives the

next sequential number within the year, e.g.:• The Licensing Act 2003 (Personal licences)

Regulations 2005 S.I. 2005 No.41

Where to find Statutory Instruments

information on S.I.s: OPSI website (unamended)

• http://www.opsi.gov.uk/ Halsbury’s Statutory Instruments

(amended) Lexis Library (amended) Justis (unamended) Westlaw (amended)

Updating legislation Important to always check the status

of a piece of legislation: To avoid using out-of-date information Ensure accuracy

Where to find… the status of a piece of legislation

Is It In Force? Lexis Library (Status Snapshot) Justis Lawtel Westlaw Current Law Legislation Citators Halsbury’s Statutes Halsbury’s Statutory Instruments

Devolution Wales

• The Government of Wales Act 1998• National Assembly of Wales

– http://www.wales.gov.uk

Scotland• The Scotland Act 1998 • Scottish Parliament

– http://www.scottish.parliament.uk

The Northern Ireland Act 1998• Northern Ireland Assembly

– http://www.niassembly.gov.uk

Further help?

Contact katharine.jackson@bodleian.ox.ac.uk

to arrange 1 to 1 training