Classification of Legislation
– Acts of Parliament are classified as public general acts or local and personal acts.
– Bills are classified as public, private, or hybrid.
– Public general acts affect the public general law applying to everyone in the United Kingdom.
– Local and personal acts apply to a specific locality or legal person.
– Hybrid bills combine elements of both public and private bills.
Types of Legislation
– Public general acts are the largest category of legislation and affect the public general law across the United Kingdom.
– Local and personal acts (private acts) have a local or personal effect, applying differently to specific localities or legal persons.
– Hybrid bills combine elements of both public and private bills.
Introduction and Drafting of Bills
– Government may publish a green paper or a white paper outlining legislative options.
– Increasingly common for Government bills to be published in draft before presentation in Parliament.
– Draft bills allow for more scrutiny and amendments before introduction.
– Sponsoring government department writes to relevant policy committee for discussion.
– Proposals may be bundled together with more substantive measures in the same bill.
– Sponsoring department sends drafting instructions to parliamentary counsel.
– Parliamentary counsel responsible for writing legislation.
– Instructions describe what the bill should do, but not the detail of how it is achieved.
– Legislation must be drafted clearly to minimize legal challenge and fit with existing laws.
– Finished bill must be approved by sponsoring department, minister, parliamentary counsel, and LP.
– Bill is submitted to authorities of the House it will start its legislative journey in.
– Authorities check if the bill complies with the rules of the house.
– Everything in the bill is covered by its long title.
– Provisions requiring expenditure or levying taxes are identified and printed in italics.
– Check for conflicts or duplications with existing bills.
Parliamentary Debate and Voting Process
– First reading is a formality with no debate or vote.
– Second reading is a debate on the general principles of the bill followed by a vote.
– Minister outlines purpose of the Bill.
– Minister highlights important parts of the Bill.
– Official Opposition spokesperson responds with views on the Bill.
– Other Opposition parties and backbench MPs give opinions on the principles of the Bill.
– Minister concludes the debate and commends the Bill to the House.
– Speaker puts the question on the Bill.
– Speaker invites supporters to say ‘aye’ and opponents to say ‘no’.
– Speaker collects the voices and determines the loudest cry.
– Clear majority prompts the response ‘I think the Ayes/Noes have it’.
– If result is in doubt, a division is called and MPs vote.
– Speaker puts the question again to assess disagreement.
– Tellers are named to count the votes.
– Teller from each side counts MPs as they emerge from division lobbies.
– Whips try to ensure MPs vote with the party line.
– Division clerks take names and publish them in Hansard.
– Speaker says ‘lock the doors’ after all members have passed the division clerks.
– Division slip is produced and given to a teller on the winning side.
– Teller reads the result to the House.
– Speaker repeats the result and declares the winning side.
– Doorkeepers unlock the doors to the division lobbies.
– Programme Order sets timetable for committee and remaining stages of the Bill.
– Money resolution authorizes expenditure arising from the Bill.
– Ways and means resolution authorizes new taxes or charges created by the Bill.
– Bills are not programmed in the House of Lords.
– Bills defeated at second reading cannot progress further in the same session.
Stages of the Legislative Process and Enacting Formula
– Report stage takes place on the Floor of the House and allows for amendments to be made to the bill.
– Third reading is a debate on the final text of the bill, with amendments usually not permitted.
– The bill is then sent to the other House for potential amendments.
– The House in which the bill originated considers amendments made in the other House.
– A bill may pass back and forth between the Houses, a process known as parliamentary ping-pong.
– Acts commence with an enacting formula, which varies depending on the type of bill.
– The standard enacting formula includes the authority of the monarch, the Lords Spiritual and Temporal, and the Commons.
– For money bills, the enacting formula includes a resolution to grant duties for public expenses and revenue.
– Under the Parliament Acts, a different enacting formula is used if the Lords reject a bill from the Commons.
– The enacting formula without consent of the Lords is used in accordance with the Parliament Acts. Source: https://en.wikipedia.org/wiki/Act_of_Parliament_(UK)
An Act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.
An Act of Parliament can be enforced in all four of the UK constituent countries (England, Scotland, Wales and Northern Ireland). As a result of devolution the majority of acts that are passed by Parliament increasingly only apply either to England and Wales only, or England only. Generally acts only relating to constitutional and reserved matters now apply to the whole of the United Kingdom.
A draft piece of legislation is called a bill. When this is passed by Parliament and given royal assent, it becomes an act and part of statute law.