THE SOURCES OF THE LEGAL SYSTEMS
 

Legislation or statutory laws

- Acts of Parliament -
 

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We know from section one that common law, or case law or judge-made law is one of the sources of the laws used in the three jurisdictions of the UK. This will be further developed in Section 5.

In fact, legislation as we saw it is produced in Section 2 has nowadays become the most common source of legal change and today, when we think or speak of laws, we mainly refer to Acts of Parliament.


 

What is scope of the statutory laws ?
 

Acts (or Statutes) can be applied to one,
two or all three jurisdictions within the United Kingdom,

whereas the common law jurisdictions are limited.


Acts of Parliament which apply to everyone
throughout one or more jurisdictions
are called public general Acts.








 

Here is a sample excerpt from a statute

Mark that reference is still made to the Queen



Police Reform Act 2002
2002 Chapter 30 - continued

                                                      PART 1

                                          POWERS OF THE SECRETARY OF STATE
                    1
                        National Policing Plan

                        After section 36 of the 1996 Act there shall be inserted-
"36A               National Policing Plan

                             (1) It shall be the duty of the Secretary of State, before the beginning of each financial year, to prepare a National Policing Plan for that year.
                              (2) The Secretary of State shall lay the National Policing Plan for a financial year before Parliament.
                             (3) Subject to subsection (4), any such plan must be laid before Parliament not later than 30th November in the preceding financial year.
                            (4) If there are exceptional circumstances, any such plan may be laid before Parliament after the date mentioned in subsection (3); but it must be so laid before the beginning of the financial year to which it relates.

                            (5) If a plan is laid before Parliament after the date mentioned in  subsection (3), the plan must contain a statement of the exceptional circumstances that gave rise to its being so laid.

                            (6) The National Policing Plan for a financial year-

                                     (a) must set out whatever the Secretary of State considers to be the strategic policing priorities generally for the police forces maintained for police areas in England and Wales for the period of three years beginning with that year;

                                     (b) must describe what, in relation to that period, the Secretary of State is intending or proposing so far as each of the following is concerned-
                                          (i) the setting of objectives under section 37 and the giving of general directions in relation to any objective so set;
                                          (ii) the specification, under section 4 of the Local Government Act 1999 (c. 27) (performance indicators), of performance indicators  (within the meaning of that section) for police authorities;
                                         (iii) the making of regulations under the powers conferred by this Act, by Part 4 of the Criminal Justice and Police Act 2001 (c. 16) (police training) and by Part 2 of the Police Reform Act 2002 (c. 30) (complaints etc.);
                                          (iv) the issuing of guidance under any provision of this Act or of Part 2 of the Police Reform Act 2002 (c. 00); and
                                          (v) the issuing and revision of codes of practice under this Act and under Chapter 1 of Part 4 of the Police Reform Act 2002 (powers exercisable by civilians);

                                     (c) may contain such other information, plans and advice as the Secretary of State considers relevant to the priorities set out in the  plan.


Note that records of the debates can be found in Hansard



 
But Acts may also be limited to :


Primary and secondary legislation
 

In terms of influence and volume, the most important legislation is
Acts of Parliament -called primary legislation.


But nowadays a great volume of legislation is made
under the authority of primary legislation
by Government Ministers,
and it does not have to be approved in advance by Parliament.

This is called delegated or secondary legislation.

Regulations and Orders

Delegated legislation is issued by government ministers
under a specific power granted in the "parent" or "enabling" Act.

This secondary legislation is issued in the form of statutory instruments
and may be titled "regulations" or "orders".
 


 

Here is an example of a Statutory Instrument 2002 No. 142
 



 

The Easington Primary Care Trust (Establishment)  Order 2002


The Secretary of State for Health, in the exercise of the powers conferred on him by sections 16A(1), (2) and (3) and 126(4) of, and paragraphs 1 and 2 of Schedule 5A to, the National Health Service Act 1977[1] and of all other powers enabling him in that behalf, following compliance with the consultation requirements contained in regulations made under section 16A(5) of the Act[2], hereby makes the following Order:
          Citation, commencement and interpretation

 1.  - (1) This Order may be cited as the Easington Primary Care Trust (Establishment) Order 2002 and shall come into force on 25th January 2002.

(2) In this Order, unless the context otherwise requires -
 

"the Act" means the National Health Service Act 1977;

"Executive Committee" has the meaning given in regulation 1(2) of the Membership Regulations;

"member", "officer member" and "non-officer member" have the meanings given in regulation 1(2) of the Membership Regulations;

"Membership Regulations" means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000[3];

"operational date" is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;

"preparatory period" is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;

"the trust" means the Easington Primary Care Trust established by article 2 of this Order.


Establishment, operational date and name of the Primary Care Trust

2.  - (1) There is hereby established with effect from 25th January 2002 a Primary Care Trust to be called the Easington Primary Care Trust.

(2) The operational date of the trust shall be 1st April 2002.



 
What we see in this example is that the Health Secretary is given authority by a parent Act -the National Health Service Act 1977[1]- to "make(s) the following Order"


 
 

Delegated legislation is meant to save time in Parliament
while easing expert input in their wording and technicalities.

In our example, we may suppose that the civil servants working with the Secretary own
more expertise than the MPs in a very technical field.

Delegated legislation however, remains under
the control and scrutiny of Parliament
as a safeguard against any abuse or mistake by  the delegated authorities.

By(e)-laws

If Ministers can produce delegated legislation that applies to specific fields,
local authorities were granted similar powers by
the Local Government Act 1972
to issue legislation that applies to
specific geographic areas.

Delegated legislation passed by LA are called by(e)-laws.
 


For an example see :  Shrewsbury and Atcham Borough    Council Act 1998
 
Excerpt : 1998 Chapter ii

An Act to make further provision for the regulation and

protection of part of the Square in the borough of

Shrewsbury and Atcham; and for other purposes.

[16th July 1998]



 
 

Note that this "Act" is meant for people of a very limited geographical area as mentionned above.






 
 

Now, we have just seen that Statutory laws are the major source of legislation,
It may affect all the jurisdictions of the UK
and we might conclude that it is not so different
from the "continental approach" of the  countries with a Roman heritage.

But here, we should remember that common law remains an important source of law.

Section 5 will develop this interesting feature of the British legal system..








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