Cameron Miranda
The UK legal system is heavily reliant on statutory law, with Acts of Parliament, or primary legislation, considered supreme. This includes Public General Acts of universal application and Private Acts affecting specific localities. Secondary legislation, or delegated legislation, takes the form of statutory instruments (SIs) and is made by ministers or governmental entities under authority delegated by Parliament. While the UK has no official compilation of statutes like the United States Code, consolidated legislation is accessible through sources such as Westlaw and Lexis+ UK. The official web-accessible database of UK statute law is legislation.gov.uk, providing access to primary legislation since 1267 and secondary legislation since 1823.
| Characteristics | Values |
|---|---|
| Type of Legislation | Primary and Secondary |
| Primary Legislation | Acts of Parliament, Acts of pre-UK Parliament, Acts of devolved parliaments, Church of England Measures, Prerogative Instruments |
| Secondary Legislation | Statutory Instruments, Scottish and Welsh Statutory Instruments, Statutory Rules of Northern Ireland, Church Instruments, Bye-laws |
| Acts of Parliament | Supreme law in the United Kingdom |
| Categories of Acts of Parliament | Public General Acts, Private Acts, Hybrid Acts |
| Public General Acts | Applicable universally |
| Private Acts | Applicable to specific localities |
| Hybrid Acts | Combination of Public and Private Acts |
| Sources of Legislation | Lexis+ UK, Westlaw, Halsbury's Statutes of England and Wales, Current Law Monthly Digest, Legislation.gov.uk |
| Legislative Bodies | House of Commons, House of Lords, Scottish Parliament, Welsh Assembly, Northern Ireland Assembly |
| Legislative Process | Bills, Acts, Statutory Instruments |
| Legislative Research | Westlaw, Halsbury's Statutes, Lexis+ UK, Current Law, Legal Journals |
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What You'll Learn
Primary legislation
In the United Kingdom, primary legislation refers to Acts of Parliament, also known as statutes. These are the supreme law in the UK and can be categorised as either Public General Acts, Private Acts, or Hybrid Acts. Public General Acts are universally applicable, while Private Acts only apply to specific localities, entities, or individuals. Hybrid Acts combine elements of both Public and Private Acts.
The UK Parliament, the Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly all have the power to enact primary legislation within their respective jurisdictions. However, the devolved legislatures in Scotland, Wales, and Northern Ireland can only legislate on matters that have been devolved to them by the national Parliament in London.
In the context of UK law, primary legislation can be accessed through various resources, such as legislation.gov.uk, which provides a free database of primary legislation from 1988 onwards. Other sources include Lexis+ UK, Westlaw, and Halsbury's Statutes of England and Wales, which is a commonly used print resource for UK primary legislation.
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Secondary legislation
Parliament can either approve or reject an SI but cannot amend it. The level of parliamentary scrutiny will depend on the nature of the power being delegated. This means that secondary legislation can be challenged in the courts and occasionally quashed.
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Acts of Parliament
Public General Acts are the most common type of Act, with 25 to 50 new Public Acts typically being passed each year. Since 1963, Acts have been cited by calendar year and chapter, and given short titles, such as the Local Government Act 2003, or the National Health Service Act 1974.
The process of creating an Act of Parliament begins with a draft piece of legislation, known as a bill. Once this bill is passed by Parliament and given royal assent, it becomes an Act and part of statute law.
The UK's Ministry of Justice publishes most Acts of Parliament in an online statute law database. This database includes Acts as amended by subsequent legislation and is the statute book of UK legislation.
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Devolved legislatures
The Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly each enact primary legislation for their respective jurisdictions, but only regarding matters that have been devolved to them by the national Parliament in London. This could include areas such as education or health, while reserved powers like UK defence and foreign policy remain with the Parliament in Westminster. The legislation that has shaped these separate bodies determines which powers are devolved and which are reserved.
The establishment of a devolved English parliament, which would give separate decision-making powers to representatives for voters in England, has been a topic of discussion in UK politics. While some political parties campaign for this, institutional opposition exists in Westminster. Public opinion surveys have yielded varying results, with a 2014 poll finding that 54% of English people surveyed agreed with a devolved parliament, while a 2010 report suggested only 29% support.
The legislatures of the Crown Dependencies (Jersey, Guernsey, and the Isle of Man) are not devolved, as their origins predate the establishment of the UK, and they are not part of the UK. However, the UK has redefined its relationship with these dependencies in recent decades.
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Statutory Instruments
In the UK, there are two main types of legislation: primary legislation and secondary legislation. Primary legislation refers to Acts of Parliament or Statutes, which are the supreme law in the United Kingdom. Secondary legislation, on the other hand, includes specialised rules and regulations issued by ministers or governmental entities under the authority of an Act of Parliament. This type of legislation is commonly known as delegated legislation and has the force of law. The most common type of secondary legislation is the statutory instrument (SI).
A statutory instrument is used when an Act of Parliament passed after 1947 confers the power to make, confirm, or approve delegated legislation to either the King or a Minister of the Crown. The use of a statutory instrument is not mandatory if the parent Act does not specify it. This may occur when the delegated legislation has limited application and is not of general importance.
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Frequently asked questions
Primary legislation refers to Acts of Parliament or Statutes, which are the supreme law in the United Kingdom. Secondary legislation, on the other hand, refers to specialised rules and regulations issued by ministers or governmental entities under the authority of primary legislation.
Examples of primary legislation include Acts of Parliament, Acts of the pre-UK parliament, Acts of devolved parliaments, Church of England Measures, and Prerogative Instruments.
UK legislation can be found on legislation.gov.uk, which is the official web-accessible database of UK statute law, hosted by The National Archives. Other sources include Lexis+ UK and Westlaw, which offer commencement and repeal information for legislation.
