Kara Sears
There are two main types of legislation in the UK: primary legislation, which includes Acts of Parliament or Statutes, and secondary legislation, which includes Statutory Instruments (SIs). While the number of Acts has been declining over the last 40 years, the number of Statutory Instruments has increased. There are usually 25 to 50 new Public Acts each year, and there are also Private Acts, which are either local or personal in nature. Acts of Parliament can be enforced in all four UK countries, but due to devolution, many now only apply to England and Wales, or England only.
| Characteristics | Values |
|---|---|
| Number of new Public Acts each year | 25 to 50 |
| Number of Local and Personal Acts each year | Less than 5 |
| Number of Statutory Instruments issued annually | 3000 |
| Number of Statutory Instruments made each year | 3500 |
| Number of Acts of Parliament | 2 |
| Types of Acts of Parliament | Primary and Secondary |
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What You'll Learn
Primary legislation
In the United Kingdom, primary legislation refers to Acts of Parliament, which form the foundation of the country's legal system. It is created and enacted by the legislature to address various societal areas, such as civil rights, economic policy, education, and healthcare. These Acts of Parliament establish the core principles and frameworks that guide the creation of secondary legislation, ensuring effective governance and providing stability and predictability to the legal system.
The process of creating primary legislation involves formal parliamentary procedures and requires broad legislative consensus. It is characterised by its higher legal authority compared to secondary legislation. One notable example of primary legislation in the UK is the Human Rights Act 1998, which incorporated the European Convention on Human Rights into UK law. This Act enables individuals to seek redress in UK courts for violations of their human rights.
Another example of primary legislation is the Health and Safety at Work Act 1974, which sets the framework for health and safety regulations in workplaces. This Act is contrasted with secondary legislation such as the Health and Safety (First-Aid) Regulations 1981, which provide detailed requirements for first-aid training and provisions within the broader framework established by the primary legislation.
In summary, primary legislation in the UK context refers to Acts of Parliament that create the legal framework and address a wide range of societal issues. It serves as the basis for secondary legislation, which provides detailed regulations and implementation guidelines. The Human Rights Act and the Health and Safety at Work Act are illustrative examples of primary legislation, showcasing its importance in establishing core principles and addressing social concerns.
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Secondary legislation
There are two main processes that may be used for secondary legislation, known as the negative and affirmative procedures. These procedures provide differing levels of parliamentary scrutiny. When agreeing to delegate its legislative role, parliament will decide what level of parliamentary scrutiny it believes is appropriate, given the nature of the power. Negative SIs do not need active approval by Parliament. Usually, negative SIs are made (signed by the minister) before being laid in Parliament. Affirmative SIs, on the other hand, need to be approved by Parliament before they can be made and brought into effect as law.
In some cases, powers to create secondary legislation may be used to make significant policy changes. Some controversial powers, known as Henry VIII powers, allow secondary legislation to amend or repeal primary legislation. This means that secondary legislation can be challenged in the courts and occasionally quashed, giving the judiciary a role in policing the exercise of powers to make secondary legislation.
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Public General Acts
Public bills are distinct from private bills, which are either local or personal in their effect, applying to a specifically named locality or legal person in a manner different from all others. Private bills are usually promoted by organisations like local authorities or private companies to give themselves powers beyond or in conflict with the general law. Private bills only change the law as it applies to specific individuals or organisations, rather than the general public.
LexisLibrary and Westlaw UK provide updated versions of public statutes. LexisNexis, for example, contains the full, amended text of all public general acts currently in force, as well as legislation that has been recently enacted but is not yet in force. Westlaw UK also contains abstracts and subject keywords, which can be useful for finding recent statutes on specific subjects.
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Local and Personal Acts
Local acts are public acts that are sought by and benefit organisations or are used to authorise major projects or grant additional powers. For example, the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967. Local authorities may seek local acts to gain additional powers to manage or control issues within their locality.
Personal acts, known as private acts before 1948, evolved from the right to petition Parliament for redress from a specific wrong or to obtain a benefit not available through statute or common law. This included granting divorces, naturalising foreigners, changing legal names, and altering the terms of a will. Since the introduction of general laws covering divorce, nationality, and name changes, the use of personal acts has decreased significantly. From 1980 to 1987, only six marriages were authorised through personal acts between individuals within the prohibited degrees of relationship.
The process for passing local and personal acts differs from that of public general acts. Private bills are introduced to Parliament by petition and must prove their necessity, as they can grant powers beyond normal laws. Affected parties can object to private bills by presenting their own petition or securing the support of a Member of Parliament to block the bill. The Court of Referees considers the rights of petitioners in cases where the bill's promoters challenge their right to object. The House of Lords maintains absolute veto power over private acts.
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Constitutional Acts
The UK constitution is comprised of written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. It is largely written, but in different documents, and has never been codified into a single document. This means that it is harder to understand but can be easily changed as no provisions are formally entrenched.
The UK constitution has multiple guardians, including the Supreme Court, the House of Lords Constitution Committee, the Commons Public Administration and Constitutional Affairs Committee, and the Lord Chancellor. The leading institutions in the UK's constitution are Parliament, the judiciary, the executive, and regional and local governments, including the devolved legislatures and executives of Scotland, Wales, and Northern Ireland.
Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution, with an Act of Parliament being the highest form of law. However, parliamentary sovereignty is often contested, with some arguing that "Parliament cannot bind itself".
Some examples of constitutional statutes include the Bill of Rights 1689, the Acts of Union 1707 and 1800, the Act of Settlement 1701, the Parliament Acts 1911 and 1949, the Human Rights Act 1998, the Scotland Act, the Northern Ireland Act, and the Government of Wales Act 1998.
Some Acts of Parliament that have shaped the UK constitution include the Representation of the People (Equal Franchise) Act 1928, which guaranteed every adult citizen over 21 years the equal right to vote, and the European Union (Notification of Withdrawal) Act 2017, which gave Prime Minister Theresa May the power to notify the intention to leave the EU.
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Frequently asked questions
There is no fixed number of acts in UK law. There are two main types of legislation in the UK: primary legislation (Acts of Parliament or Statutes) and secondary legislation (Statutory Instruments). There are usually 25 to 50 new Public Acts each year.
An Act of Parliament is a piece of legislation that has been passed by Parliament and given royal assent. It becomes part of statute law and can be enforced in all four of the UK's constituent countries: England, Scotland, Wales, and Northern Ireland.
Primary legislation, or Acts of Parliament, are the main laws of the UK. Secondary legislation, or Statutory Instruments (SIs), are made by ministers under the powers granted by Acts of Parliament. SIs can vary widely in scope and are often called Codes, Orders, Regulations, or Rules.
Some notable Acts of Parliament in UK history include the Magna Carta, the Treason Act 1351, the European Communities Act 1972, the Human Rights Act 1998, and the National Minimum Wage Act 1998.
