Cecily Zamora
Acts of Parliament are laws enforced in the UK and its constituent countries: England, Scotland, Wales, and Northern Ireland. An Act of Parliament is a Bill that has been approved by the House of Commons and the House of Lords and given Royal Assent by the Monarch. Acts can create new laws or change existing ones, and they can also be repealed or amended. Examples of Acts of Parliament in the UK include the Climate Change Act 2008, the Human Rights Act 1998, and the National Health Service Act 1974.
| Characteristics | Values |
|---|---|
| Creation | A new Act of Parliament creates a new law or changes an existing law. |
| Amendment | Acts can be amended through the passing of another Act or delegated legislation. |
| Removal | An Act can be repealed so that its provisions no longer apply. |
| Applicability | Acts of Parliament are enforced in all four UK constituent countries (England, Scotland, Wales, and Northern Ireland). |
| Devolution | Due to devolution, most Acts passed by Parliament apply only to England and Wales or England only. Generally, only Acts relating to constitutional and reserved matters apply to the whole of the UK. |
| Sovereignty | Acts of Parliament were previously sovereign but could be overruled if incompatible with European Laws. Following Brexit, this is no longer the case. |
| Implementation | The government is responsible for bringing new Acts into force. An Act may come into force immediately, on a specific future date, or in stages. |
| Format | Acts passed on or after January 1, 1963, are cited by calendar year and chapter and typically have a short title. |
| Availability | Full texts of most Acts of Parliament are available on the Legislation.gov.uk website. |
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What You'll Learn
How an Act of Parliament becomes law
An Act of Parliament is a law enforced in all areas of the UK where it is applicable. It creates a new law or changes an existing one. An Act of Parliament is formed from a Bill that has been approved by both the House of Commons and the House of Lords and been given Royal Assent by the Monarch.
A Bill is a proposed law introduced into Parliament by a Member of Parliament. It may represent an agreed government policy or be a Private Member's Bill. Once a Bill has been debated and approved by each House of Parliament, it becomes an Act of Parliament.
The process of a Bill becoming an Act of Parliament involves several stages. Firstly, the title of the Bill is read out in each House, followed by a debate on its main principles. During the debate, a government minister opens by setting out the case for the Bill and explaining its provisions. The opposition then responds, after which other members are free to discuss it. The government concludes by responding to the points made. Amendments to the Bill can be suggested, and the House will vote on it. If the vote is passed, the Bill proceeds to the next stage; if not, it cannot continue.
After the Bill has been debated and approved by one House, it moves to the second House. If amendments are made in the second House, it returns to the first House for consideration. This ''ping pong' process may occur several times before both Houses agree on the text of the Bill. Once both Houses approve the Bill, it receives Royal Assent and becomes an Act of Parliament.
An Act of Parliament may come into force immediately or at a specific future date, and its implementation is the responsibility of the government. The Act may not have any immediate practical effect, as it takes time for those affected to plan accordingly. A department responsible for an Act should review its impact within three to five years and submit an assessment to the relevant Commons departmental committee.
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Devolved powers and regional applicability
An Act of Parliament creates a new law or changes an existing law. It is a Bill that has been approved by both the House of Commons and the House of Lords and has received Royal Assent from the Monarch. Acts of Parliament together make up Statute Law in the UK.
Devolution in the UK refers to the process of transferring power from the central government (Westminster) to the nations and regions of the United Kingdom. Devolved powers are decisions that were previously controlled by Parliament but are now made by separate bodies, such as the Scottish Parliament, the Welsh Parliament, or the Northern Ireland Assembly. These bodies can pass primary and secondary laws in their devolved areas, but "reserved" matters, such as UK defence and foreign policy, remain the responsibility of Westminster. The UK Parliament can still legislate in devolved areas but, under the Sewel Convention, it "normally" does not do so without the explicit consent of the relevant devolved body.
The UK's system of devolution is asymmetric, with different parts of the country having different forms of devolution and varying degrees of power. Scotland, Wales, and Northern Ireland possess both executive and legislative devolution, while Metro Mayors in parts of England and the Mayor of London have only executive powers. Combined Authorities and the London Assembly can scrutinize executive decisions but do not have the same legislative powers as the Scottish, Welsh, and Northern Irish assemblies.
The legislative frameworks for devolution were originally set out in the Scotland Act 1998, the Government of Wales Act 1998, and the Northern Ireland Act 1998, all of which have since been amended. Scotland, Wales, and Northern Ireland all held successful referendums on devolution in the late 1990s, leading to the establishment of their separate Parliaments or Assemblies and the democratic election of officials. Northern Ireland was the first constituent part of the UK to have a devolved administration, with Home Rule coming into effect in 1921 under the Government of Ireland Act 1920.
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The role of the Monarch
An Act of Parliament is a law enforced in all areas of the UK where it is applicable. It creates a new law or changes an existing law. An Act is a Bill that has been approved by both the House of Commons and the House of Lords and been given Royal Assent by the Monarch. The role of the Monarch in this process is to grant Royal Assent to a Bill, turning it into an Act of Parliament and allowing it to become law.
The Monarch's granting of Royal Assent is seen by some as a mere formality or due process, certifying that a Bill has passed all established parliamentary procedures. However, there is a theoretical possibility that the Monarch could withhold Royal Assent, thus preventing a Bill from becoming law. This power has not been exercised in modern times, and there is disagreement among scholars about whether it should be used. The Monarch generally acts on the advice of their ministers, and it is unlikely that these ministers would advise withholding assent.
Historically, the power of Parliament to pass bills was sometimes thwarted by monarchs. For example, Charles I dissolved Parliament in 1629 after it passed motions and bills critical of his arbitrary exercise of power. The form of the Coronation Oath taken by monarchs up to and including James I and Charles I included a promise to uphold the rightful laws and customs, but there was controversy over the interpretation of this oath. Charles I adopted an interpretation that committed him only to uphold those laws and customs that existed at the time of his coronation, while the Long Parliament preferred an interpretation that required him to assent to any law passed by Parliament.
Today, the role of the Monarch in the UK is largely ceremonial. The current Monarch, King Charles III, performs tasks such as inviting the leader of the winning party in a general election to become Prime Minister and form a government, opening Parliament through the State Opening, and informing Parliament of the government's policy ideas and plans for new legislation in a speech delivered in the House of Lords.
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The difference between Acts, laws, policies, and regulations
In the UK, an Act of Parliament creates a new law or changes an existing one. An Act is a Bill that has been approved by both the House of Commons and the House of Lords and has received Royal Assent from the Monarch. Acts of Parliament together make up Statute Law in the UK.
Laws are enforceable rules created by governing bodies to regulate behaviour, maintain fairness, and ensure justice. They can be made through legislation, like Acts of Parliament, or through judicial decisions, known as common law. For example, traffic laws regulate road behaviour, contract law governs agreements between parties, and constitutional laws protect fundamental rights.
Policies are strategic plans adopted by organisations to guide decision-making and ensure compliance with legal requirements. They outline expected behaviours and goals and are often supported by laws. For example, a workplace harassment policy reflects an organisation's commitment to upholding laws such as the Equality Act. Policies are mandatory and enforceable, and there may be repercussions for non-compliance.
Regulations provide detailed instructions to enforce laws. They are rules made by government agencies to implement or enforce laws. While laws are the broader framework, regulations provide specific details on how to comply with the law. Guidance offers recommendations on how to comply with regulations, but it is not enforceable.
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Examples of Acts of Parliament
An Act of Parliament is a law passed by the UK Parliament in Westminster, London, and enforced in all areas of the UK where it is applicable. A draft act of Parliament is known as a bill. A bill is a proposed law that needs to be discussed in Parliament before it can become a law. Once it is passed by Parliament and given royal assent, it becomes an Act and part of statute law.
- The Treason Act 1351: Codified the existing common law relating to treason.
- Succession to the Crown Act 1533: Altered the succession by declaring Henry VIII's first daughter Mary ineligible to the throne.
- Laws in Wales Acts 1535–1542: Annexed Wales to England.
- Crown of Ireland Act 1542: Created the office of King of Ireland.
- The Parliament Act 1911: Removed from the House of Lords the power to veto a Bill, except one to extend the lifetime of a Parliament.
- Local Government Act 2003: An example of a bill with a short title.
- National Health Service Act 1974: Another example of a bill with a short title.
All UK Acts of Parliament since 1497 are kept in the House of Lords Record Office. The oldest act is "The Taking of Apprentices for Worsteads in the County of Norfolk" Act 1497, which refers to wool worsted manufacture in Norfolk, England.
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Frequently asked questions
An Act of Parliament is a law enforced in all areas of the UK where it is applicable. It creates a new law or changes an existing law. An Act is a Bill that has been approved by both the House of Commons and the House of Lords and been given Royal Assent by the Monarch.
Policies are strategic plans adopted by organisations to guide decision-making and ensure compliance with legal requirements. Laws, on the other hand, carry legal binding power and are enforced through courts, police, and other authorised agencies.
The texts of most Acts of Parliament as originally passed by Parliament since 1800 are available on the Legislation.gov.uk website. The UK's Ministry of Justice also publishes most Acts of Parliament in an online statute law database.
