Act of Parliament

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An Act of Parliament or Act is law enacted by the parliament (see legislation). An Act may be introduced to parliament by means of a private bill. The genesis for an Act of Parliament is often a formal written proposal known as a White Paper, which if accepted will be prepared in the form of a proposed law known as a Bill. The Bill will then be introduced into the House of Commons, House of Representatives, House of Lords or the Senate for debate and possible enactment.

By constitutional convention, a Bill which contains provisions significantly relating to taxation or public expenditure are introduced into the House of Commons; in Canada and Ireland, this is the law. In the United Kingdom, Law Commission bills and consolidation bills start in the House of Lords. In some countries such as Spain and Portugal, a Bill has different names depending on whether it is initiated by the government (eg. "Project") or by the Parliament (eg. "Proposition").

Contents

[edit] Procedure

[edit] United Kingdom

[edit] United Kingdom Parliament

In the United Kingdom Parliament, each bill passes through the following stages:

  1. 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.
  2. 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.
  3. 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.
  4. 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 (eg the Scotland Act 1998, and bills which are so un-controversial that the committee stage may be dispensed with quickly and easily on the floor of the House, without the need to nominate 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.

[edit] Enacting formula

Each Act commences with one of the following:

Standard

“ 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:- ”

For money bills

“ We, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty's public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and 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:- ”

Under the Parliament Acts:

“ 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:- ”

[edit] Scottish Parliament

In the Scottish Parliament, each bill passes through the following stages:

  1. Introduction: The Bill is introduced to the Parliament together with its accompanying documents - Explanatory Notes, a Policy Memorandum setting out the policy underlying the Bill and a Financial Memorandum setting out the costs and savings associated with it. Statements from the Presiding Officer and the member in charge of the Bill are also lodged indicating whether the Bill is within the legislative competence of the Parliament.
  2. Stage One: The Bill is first considered by one or more of the subject Committees of the Parliament, who will normally take evidence from the promoter of the Bill and other interested parties before reporting to the Parliament on the principles of the Bill. Other Committees, notably the Finance and Subordinate Legislation Committees may also feed in at this stage. The report from the Committee is followed by a debate in the full Parliament.
  3. Stage Two: The Bill returns to the subject Committee where it is subject to line-by-line scrutiny and amendment. This is similar to the Committee Stage in the UK Parliament.
  4. Stage Three:The Bill as amended by the Committee returns to the full Parliament. There is a further opportunity for amendment followed by a debate on the whole Bill. At the end of this debate the Parliament decides whether to pass the Bill.
  5. Royal Assent: After the Bill has been passed, the Presiding Officer submits it to Her Majesty for Royal Assent. However he cannot do so until a 4-week period has elapsed during which the Law Officers of the Scottish Executive or UK Government can refer the Bill to the Judicial Committee of the Privy Council for a ruling on whether the Bill is within the powers of the Parliament.

There are special procedures for emergency Bills, members Bills (similar to Private Member's Bills in the UK Parliament), committee Bills, and private Bills.

[edit] Australia

In Australia, the bill passes through the following stages:

  1. First Reading: Again, this stage is a mere formality.
  2. 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
  3. Consideration in Detail: This usually takes place on the Floor of the House. Generally, committees are not used to consider the bill in detail.
  4. Third reading: A debate on the final text of the bill, as amended. Very rarely do debates occur during this stage.
  5. 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.
  6. 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.
  7. 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.

[edit] Canada

In Canada, the bill passes through the following stages:

  1. First Reading: Again, this stage is a mere formality.
  2. 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.
  3. 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).
  4. Consideration (or Report) stage: this takes place on the Floor of the House, and is a further opportunity to amend the bill.
  5. Third reading: A debate on the final text of the bill, as amended. Very rarely do debates occur during this stage.
  6. 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.
  7. 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.
  8. 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.

Bills being reviewed by Parliament are assingned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills, and 1001 up for private bills. They are preceded by C- if they originate in the House of Commons, or S- if they originate in the Senate. For example, Bill C-250 was a private member's bill introduced in the House. Bills C-1 and S-1 are pro forma formalities.

See also: List of Acts of Parliament of Canada

[edit] New Zealand

In New Zealand, the bill passes through the following stages:

  1. First Reading: MPs debate and vote on the bill. If a bill is approved, it passes on to the committee stage.
  2. 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.
  3. 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.
  4. Committee of the House: The bill is debated and voted on, clause by clause, by the whole House sitting as a committee.
  5. 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.

[edit] UK Details

[edit] Types of Acts

Acts of Parliament are of three types -

  1. 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.
  2. Private Acts (styled Personal Acts since 1948) 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").
  3. Hybrid Acts combine elements of both Public and Private acts. They are very rare, though the 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.

[edit] Sovereignty

In the UK, Parliament has almost unlimited sovereignty. 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"[citation needed]. 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 [Act Name] (Commencement) No. # Order. Whilst most legislation has had a maximum of half a dozen Commencement Orders, this is not a strict limit as some Acts have had over 10.

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).

[edit] 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).

[edit] Acts in force

The UK's Department of Constitutional Affairs publishes most Acts of Parliament in an on-line statute law database. It is the official revised edition of the primary legislation of the United Kingdom. The database shows Acts as amended by subsequent legislation and is the statute book of UK legislation.

[edit] Acts of Constitutional Importance

Important Acts in UK constitutional history include:

See also: List of Acts of Parliament of the United Kingdom Parliament

[edit] Topical Acts

Acts of Parliament currently of special interest:

[edit] Numbering

In early days, Acts were given names, and this sufficed as there only a few acts to get confused with. As the number of Acts increased, it became convenient to number them in one system or another.

  • In England, Acts came to be numbered from 1 in each year of the sovereign's reign, until 1962. Hence 16 Charles II c. 2 which was the second Act passed in the sixteenth year of the reign of Charles II.
  • In Victoria, Australia, Acts are numbered from 1 starting from 1860, hence Act 9876 of 2006.
  • In New South Wales, Acts are numbered from 1 starting in each calendar year, hence Act 98 of 2006.

[edit] See also

[edit] External links

  • Acts of Parliament (since 1267) revised to date are available free on-line under Crown copyright terms from the Department of Constitution Affairs (SLD).
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