Legislation and legislative procedures - Implementation and repeal of legislation

Learning Outcomes

After reading this article, you will be able to explain the process by which legislation is implemented and repealed in England and Wales, including the parliamentary stages of a Bill, the use of delegated legislation, and the mechanisms of express and implied repeal. You will also be able to apply these principles to practical SQE1 scenarios and identify common exam pitfalls.

SQE1 Syllabus

For SQE1, you are required to understand the legislative process and the procedures for implementing and repealing legislation. In your revision, focus on:

  • the stages a Bill passes through to become an Act of Parliament
  • the use and scrutiny of delegated legislation (statutory instruments, by-laws, Orders in Council)
  • the mechanisms for repealing legislation, including express and implied repeal
  • the significance of sunset clauses and the impact of devolution on legislative procedures
  • how to apply these principles to problem-based SQE1 questions

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What are the main stages a Bill must pass through in Parliament before becoming law?
  2. What is the difference between express repeal and implied repeal of legislation?
  3. How does delegated legislation differ from primary legislation, and what are the main forms it takes?
  4. What is a sunset clause, and why might it be included in an Act of Parliament?

Introduction

The implementation and repeal of legislation are central to the operation of the legal system in England and Wales. Understanding how laws are made, brought into force, amended, and repealed is essential for SQE1. This article explains the key procedures, including the parliamentary stages of a Bill, the use of delegated legislation, and the mechanisms for repealing statutes.

The Legislative Process: From Bill to Act

Legislation begins as a proposal, known as a Bill, which must pass through several stages in Parliament before becoming law.

Key Term: Bill A Bill is a proposal for new legislation or an amendment to existing law, presented for debate and approval by Parliament.

Stages of a Bill

  1. First Reading: The Bill is formally introduced. There is no debate at this stage.
  2. Second Reading: Members debate the general principles and merits of the Bill.
  3. Committee Stage: The Bill is examined in detail, clause by clause. Amendments may be proposed and voted on.
  4. Report Stage: The House considers amendments made in committee and may make further changes.
  5. Third Reading: The final version of the Bill is debated. Only minor amendments are permitted.
  6. Other House: The Bill repeats these stages in the other House (Commons or Lords).
  7. Consideration of Amendments: Both Houses must agree on the final text. The Bill may "ping-pong" between Houses until agreement is reached.
  8. Royal Assent: The monarch formally approves the Bill, which then becomes an Act of Parliament.

Key Term: Act of Parliament An Act of Parliament is a law that has passed all parliamentary stages and received Royal Assent, making it legally binding.

Bringing Legislation into Force

Not all Acts come into force immediately upon Royal Assent. Many Acts specify a commencement date or provide for commencement by a minister through delegated legislation.

Key Term: Commencement Commencement refers to the date or mechanism by which an Act or part of an Act becomes legally effective.

Worked Example 1.1

A new Act states it will "come into force on such day as the Secretary of State may by order appoint." What must happen before the Act takes effect?

Answer: The Secretary of State must make a commencement order (a form of statutory instrument) specifying the date the Act, or relevant sections, will come into force.

Delegated Legislation

Parliament often delegates law-making powers to government ministers or other bodies to allow flexibility and efficiency.

Key Term: Delegated Legislation Delegated legislation refers to laws made by persons or bodies other than Parliament, under powers granted by an Act of Parliament.

Delegated legislation takes several forms:

  • Statutory Instruments (SIs): The most common, used for regulations and orders.
  • By-laws: Made by local authorities or certain public bodies for local matters.
  • Orders in Council: Made by the Privy Council, often for emergencies or constitutional matters.

Delegated legislation is subject to parliamentary scrutiny, usually by either the negative or affirmative resolution procedure.

Key Term: Negative Resolution Procedure Under this procedure, a statutory instrument becomes law unless either House objects within a set period (usually 40 days).

Key Term: Affirmative Resolution Procedure Under this procedure, a statutory instrument requires explicit approval by one or both Houses before becoming law.

Worked Example 1.2

A minister makes regulations under an Act, but Parliament objects within 40 days. What is the effect?

Answer: If the regulations are subject to the negative resolution procedure, they will not become law (or will cease to have effect) if Parliament objects within the time limit.

Repeal of Legislation

Laws may be repealed or amended to reflect new policies, remove outdated provisions, or resolve conflicts.

Express Repeal

Key Term: Express Repeal Express repeal occurs when a new Act of Parliament specifically states that an earlier Act or section is repealed.

Implied Repeal

Key Term: Implied Repeal Implied repeal occurs when a later Act of Parliament contains provisions inconsistent with an earlier Act, so the earlier Act is repealed to the extent of the inconsistency, even if not expressly stated.

Sunset Clauses

Key Term: Sunset Clause A sunset clause is a provision in an Act that causes it (or part of it) to expire automatically on a specified date unless renewed by Parliament.

Worked Example 1.3

Parliament passes Act A in 2015 and Act B in 2020. Act B contains provisions that directly contradict Act A but does not mention Act A. What is the legal effect?

Answer: The inconsistent provisions of Act A are repealed by implication (implied repeal) to the extent they conflict with Act B.

Mechanisms for Scrutiny and Amendment

Parliament uses several mechanisms to scrutinise and amend legislation:

  • Parliamentary Questions: MPs may question ministers about proposed or existing laws.
  • Debates and Committees: Bills and delegated legislation are debated and examined in detail.
  • Select Committees: Investigate government policy and administration, influencing legislative content.

Devolution and Legislative Procedures

Devolved legislatures in Scotland, Wales, and Northern Ireland have their own law-making powers in certain areas. Coordination is required to ensure legal coherence across the UK.

Summary

MechanismDescription
Express RepealNew Act specifically repeals earlier Act or section.
Implied RepealLater Act conflicts with earlier Act; earlier Act repealed to the extent of inconsistency.
Sunset ClauseAct or section expires on a set date unless renewed.
Delegated LegislationLaws made by ministers or other bodies under authority of an Act.

Key Point Checklist

This article has covered the following key knowledge points:

  • The legislative process involves multiple parliamentary stages before a Bill becomes law.
  • Delegated legislation allows ministers and other bodies to make laws under powers granted by Parliament.
  • Acts may come into force immediately, on a specified date, or by ministerial order.
  • Laws can be repealed expressly (by specific statement) or by implication (through inconsistency).
  • Sunset clauses cause laws to expire unless renewed.
  • Parliamentary scrutiny and select committees play a key role in reviewing and amending legislation.
  • Devolution requires coordination between UK and devolved legislatures.

Key Terms and Concepts

  • Bill
  • Act of Parliament
  • Commencement
  • Delegated Legislation
  • Negative Resolution Procedure
  • Affirmative Resolution Procedure
  • Express Repeal
  • Implied Repeal
  • Sunset Clause
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