How Laws Are Made: After A Bill Passes

A bill is a proposal for a new law or a change to an existing law. It can start in the Commons or the Lords and must be approved by both houses before becoming an Act of Parliament (law). Once a bill has completed all the parliamentary stages in both houses, it is ready to receive royal assent, which is when the monarch formally agrees to make the bill into an Act of Parliament. The legislation within the bill may come into effect immediately, after a set period, or only after a commencement order by a government minister.

Royal Assent

In the United Kingdom, the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announce that Royal Assent has been granted at a ceremony held at the Palace of Westminster for this purpose. Royal Assent is typically associated with an elaborate ceremony. However, it is usually granted less ceremoniously by letters patent.

When Royal Assent has been given, an announcement is made in both Houses – by the Lord Speaker in the Lords and the Speaker in the Commons. At prorogation (the formal end to a parliamentary session), Black Rod interrupts the proceedings of the Commons and summons MPs to the Lords chamber to hear the Lords Commissioners announce Royal Assent for the bills passed towards the end of the session that had not received Royal Assent earlier in the year.

The legislation within the bill may come into effect immediately, after a set period, or only after a commencement order by a government minister. A commencement order is designed to bring into force the whole or part of an Act of Parliament at a date later than the date of the Royal Assent. If there is no commencement order, the Act will come into force from midnight at the start of the day of the Royal Assent.

The practical implementation of an Act is the responsibility of the appropriate government department, not Parliament.

The bill becomes an Act of Parliament

Once a bill has been agreed upon by both Houses of Parliament, it is sent to the Monarch for Royal Assent. This is when the Monarch formally agrees to make the bill into an Act of Parliament (law). The date at which the Act comes into effect is either specified in the Bill, or at midnight following Royal Assent. There is no set time period between the conclusion of consideration of amendments and Royal Assent.

When Royal Assent has been given, an announcement is made in both Houses. At prorogation (the formal end to a parliamentary session), Black Rod interrupts the proceedings of the Commons and summons MPs to the Lords chamber to hear the Lords commissioners announce Royal Assent for the bills passed towards the end of the session that had not received Royal Assent earlier in the year.

The legislation within the bill may come into effect immediately, after a set period, or only after a commencement order by a government minister. A commencement order is designed to bring into force the whole or part of an Act of Parliament at a date later than the date of the Royal Assent. If there is no commencement order, the Act will come into force from midnight at the start of the day of the Royal Assent.

The practical implementation of an Act is the responsibility of the appropriate government department, not Parliament.

The bill comes into effect

Once a bill has been passed by both Houses of Parliament, it is sent to the Monarch for Royal Assent. This is when the Monarch formally agrees to make the bill into an Act of Parliament (law). There is no set time period between the conclusion of the consideration of amendments and Royal Assent.

After Royal Assent has been given, an announcement is made in both Houses – by the Lord Speaker in the Lords and the Speaker in the Commons. At prorogation, the formal end to a parliamentary session, Black Rod interrupts the proceedings of the Commons and summons MPs to the Lords chamber to hear the Lords Commissioners announce Royal Assent for the bills passed towards the end of the session.

The legislation within the bill may come into effect immediately, after a set period, or only after a commencement order by a government minister. A commencement order is designed to bring into force the whole or part of an Act of Parliament at a date later than the date of the Royal Assent. If there is no commencement order, the Act will come into force from midnight at the start of the day of the Royal Assent.

The practical implementation of an Act is the responsibility of the appropriate government department, not Parliament.

Amendments

In the UK Parliament, the committee stage is when MPs can propose amendments to a bill. During this stage, the bill is scrutinised by a committee, which examines each clause and line within the clauses. Amendments can be suggested by any MP, and they are debated and voted on by the committee members. If any amendments are agreed upon, a new version of the bill, incorporating these changes, is published and considered in the next stage.

The report stage is another opportunity for MPs to propose amendments, and it usually takes place about two weeks after the committee stage. All MPs can propose amendments or new clauses, and the Speaker decides which ones will be discussed and voted on. This stage often leads to a significant number of amendments being made to the bill.

For bills originating in the House of Commons, once they reach the House of Lords, they undergo the same stages, including the opportunity to propose amendments. If the House of Lords disagrees with the Commons and amends the bill, it is sent back to the Commons for consideration. This process, known as "ping pong", continues until both Houses agree on the final form of the bill. There is no set time period for this process, and it can go back and forth several times until an agreement is reached.

In the Scottish Parliament, the process is similar, with Stage 2 being dedicated to amendments. Any MSP can propose changes, and these are debated and voted on by the committee. If amendments are agreed upon, a new version of the bill is published for Stage 3. During Stage 3, further amendments can be proposed, debated, and voted on in the Debating Chamber, with all MSPs having the right to vote.

Overall, the amendment process is a crucial aspect of law-making, allowing for input from various stakeholders and ensuring that legislation is thoroughly vetted before becoming law. It provides a mechanism to address concerns, refine provisions, and improve the overall quality of the legislation.

Scrutiny

The first stage of scrutiny is the committee stage, which is generally the longest stage of a bill's passage and where the most thorough scrutiny takes place. The bill is referred to a public bill committee, which reflects the party composition of the House. The committee examines each clause and line within the clauses and can propose amendments. Opposition amendments are less likely to succeed due to the makeup of the committee. The government may also propose amendments if they feel the bill needs improvement.

After the committee stage, the bill returns to the whole House, and MPs who were not part of the committee can propose amendments. This is another opportunity for scrutiny, as the bill is viewed as amended after the previous stage.

Once the bill has passed through the House of Commons, it is usually passed to the House of Lords for further scrutiny. The House of Lords follows the same stages as the Commons, with a few differences. During the committee stage, the whole House usually acts as the committee. While amendments are tabled, they are rarely voted on at this stage, and this usually happens during the report stage.

After a bill has become an Act of law, it is still subject to scrutiny. Parliament can scrutinise whether the law is working as intended and propose solutions if it is not. Government departments are expected to produce a memorandum on the Act three to five years after its passing, and this is presented to Parliament for further scrutiny. This process of post-legislative scrutiny ensures that laws are effective and achieve their intended purpose.

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