Act of Parliament - Procedure, UK Details, Numbering

A bill which has passed five stages (first reading, second reading, committee stage, report stage, third reading) in both houses of the UK parliament, and received the royal assent. The same kind of procedure applies in other parliamentary systems, although the specific stages through which a bill passes may vary.

An Act may be introduced to parliament by means of a private bill. The genesis for an Act of Parliament is often a formal written proposal known as a White Paper, which if accepted will be prepared in the form of a proposed law known as a Bill. The Bill will then be introduced into the House of Commons, House of Representatives, House of Lords or the Senate for debate and possible enactment.

By constitutional convention, a Bill which contains provisions significantly relating to taxation or public expenditure are introduced into the House of Commons; In the United Kingdom, Law Commission bills and consolidation bills start in the House of Lords.

Procedure

United Kingdom

United Kingdom Parliament

In the United Kingdom Parliament, each bill passes through the following stages:

Pre-legislative scrutiny: It is increasingly common for a small number of Government bills to be published in draft before they are presented in Parliament. These bills are then considered either by the relevant select committee of the House of Commons or by an ad hoc Joint Committee of both Houses. This is not strictly speaking part of the legislative process, but it provides an opportunity for the Committee to express a view on the bill and propose amendments before it is introduced. The Bill is presented and ordered to be printed and, in the case of Private Members' bills, a date is set for second reading. In the case of a Government Bill, Explanatory Notes, which try to explain the effect of the Bill in more simple language are also usually ordered to be printed. A Government Bill can be introduced first into either House. Bills which deal primarily with taxation or public expenditure begin their passage in the Commons, since the financial privileges of that House mean that it has primacy in these matters (see Parliament Acts 1911 and 1949). Conversely, bills relating to the judicial system, Law Commission bills and consolidation bills begin their passage in the House of Lords which by convention has primacy in these matters. Second reading: A debate on the general principles of the bill is followed by a vote. If the bill is read a second time, it is proceeds to the committee stage. Procedural Orders and Resolutions: Immediately after Second Reading, in the case of Government Bills, the House normally passes forthwith (i.e. without debate) a Programme Order, setting out the timetable for the committee and remaining stages of the Bill. Bills are not programmed in the House of Lords. In the United Kingdom, the House of Commons utilizes the following committees on bills: Standing Committee: Despite the name, a standing committee is a committee specifically constituted for a certain bill. Special Standing Committee: The committee investigates the issues and principles of the bill before sending it to a regular Standing Committee. Select Committee: A specialized committee that normally conducts oversight hearings for a certain Department considers the bill. This procedure has not been used in recent years, with the exception of the quinquennial Armed Forces Bill, which is always referred to a select committee. Committee of the Whole House: The whole house sits as a committee in the House of Commons to consider a bill. Bills usually considered in this way are: the principal parts of the annual Finance Bill, bills of first-class constitutional importance (eg the Scotland Act 1998, and bills which are so un-controversial that the committee stage may be dispensed with quickly and easily on the floor of the House, without the need to nominate a committee (some Private Members' Bills are usually dealt with this way each year). Grand Committee (House of Lords): This is a recent new procedure used for some bills which is intended to speed up business. The committee considers each clause of the bill, and may make amendments to it. However, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill, to enact changes to policy made since the bill was introduced (or, in some cases, to import material which was not ready when the bill was presented), or to reflect concessions made as a result of earlier debate. Consideration (or Report) stage: this takes place on the Floor of the House, and is a further opportunity to amend the bill. Unlike committee stage, the House need not consider every clause of the bill, only those to which amendments have been tabled. Passage: The Bill is then sent to the other House (to the Lords, if it originated in the Commons; the Lords may amend a bill from the Commons but, if they reject it, the Commons may force it through without the Lords' consent in the following Session of Parliament, as is detailed below. Furthermore, the Lords can neither initiate nor amend Money Bills, bills dealing exclusively with public expenditure or the raising of revenue. If the other House amends the Bill, the Bill and amendments are sent back for a further stage. Consideration of Lords/Commons Amendments: The House in which the bill originated considers the amendments made in the other House. A Bill may pass backwards and forwards several times at this stage, as each House amends or rejects changes proposed by the other. If each House insists on disagreeing with the other, the Bill is lost, unless the Parliament Acts are invoked.

The Parliament Acts: Under the Parliament Acts 1911 and 1949, which do not apply for bills seeking to extend Parliament's length to more than five years, if the Lords reject a bill originated in the House of Commons, then the Commons may pass that bill again in the next session. Also, if the Lords do not approve of a Money Bill within thirty days of passage in the Commons, the bill is submitted for Royal Assent nevertheless.

Scottish Parliament

In the Scottish Parliament, each bill passes through the following stages:

Introduction: The Bill is introduced to the Parliament together with its accompanying documents - Explanatory Notes, a Policy Memorandum setting out the policy underlying the Bill and a Financial Memorandum setting out the costs and savings associated with it. Statements from the Presiding Officer and the member in charge of the Bill are also lodged indicating whether the Bill is within the legislative competence of the Parliament. Stage One: The Bill is first considered by one or more of the subject Committees of the Parliament, who will normally take evidence from the promoter of the Bill and other interested parties before reporting to the Parliament on the principles of the Bill. Stage Two: The Bill returns to the subject Committee where it is subject to line-by-line scrutiny and amendment. Stage Three:The Bill as amended by the Committee returns to the full Parliament. At the end of this debate the Parliament decides whether to pass the Bill. However he cannot do so until a 4-week period has elapsed during which the Law Officers of the Scottish Executive or UK Government can refer the Bill to the Judicial Committee of the Privy Council for a ruling on whether the Bill is within the powers of the Parliament.

There are special procedures for emergency Bills, members Bills (similar to Private Member's Bills in the UK Parliament), committee Bills, and private Bills.

Australia

In Australia, the bill passes through the following stages:

First Reading: Again, this stage is a mere formality. Second Reading: As in the UK, the stage involves a debate on the general principles of the bill is followed by a vote. If the bill is read a second time, it is then considered in detail Consideration in Detail: This usually takes place on the Floor of the House. Passage: The Bill is then sent to the other House (to the Senate, if it originated in the House of Representatives; If the other House amends the Bill, the Bill and amendments are sent back to the original House for a further stage. Consideration of Senate/Representatives Amendments: The House in which the bill originated considers the amendments made in the other House. However, the Senate may not amend Money Bills, though it can "request" the House to make amendments. A Bill may pass backwards and forwards several times at this stage, as each House amends or rejects changes proposed by the other. If each House insists on disagreeing with the other, the Bill is lost. Disagreement between the Houses: Often, when a bill cannot be passed in the same form by both Houses, it is "laid aside." Sometimes, a special constitutional procedure allowing the passage of the bill without the agreement of both houses is allowed. If the House twice passes the same bill, and the Senate twice fails to pass that bill (either through rejection or through the passage of unacceptable amendments), then the Governor-General may dissolve both Houses of Parliament. If the House again passes the bill after the election, but the deadlock between the Houses persists, then the Governor-General may convene a joint sitting of both Houses, where a final decision will be taken on the bill. The procedure only applies if the bill originated in the House of Representatives.

Canada

In Canada, the bill passes through the following stages:

First Reading: Again, this stage is a mere formality. Second Reading: As in the UK, the stage involves a debate on the general principles of the bill is followed by a vote. If the bill is read a second time, then it progresses to the committee stage. each committee deals with bills in specific subject areas. Legislative Committee: A legislative committee is especially appointed for a certain bill, like the UK's standing committees. Committee of the Whole House: The whole house sits as a committee in the House of Commons to consider appropriation bills. The committee considers each clause of the bill, and may make amendments to it. However, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which was not ready when the bill was presented). Consideration (or Report) stage: this takes place on the Floor of the House, and is a further opportunity to amend the bill. Passage: The Bill is then sent to the other House (to the Senate, if it originated in the House of Commons; If the other House amends the Bill, the Bill and amendments are sent back to the original House for a further stage. Consideration of Senate/Commons Amendments: The House in which the bill originated considers the amendments made in the other House. If each House insists on disagreeing with the other, the Bill is lost. In the Committee stage, the debate is on the motions for specific amendments and the motion "That the clause [as amended] stand part of the bill," which is presented on every clause, whether amended or not. Because the Westminster system requires the government to keep the support of the House of Commons, the rejection of a bill by Commons is a major political crisis. Therefore, the government will in almost all cases ensure passage of a bill by a combination of modifying the bill so that it is acceptable to members of the ruling party and pressuring party members to vote for the bill.

See also: List of Acts of Parliament of Canada

New Zealand

In New Zealand, the bill passes through the following stages:

First Reading: MPs debate and vote on the bill. If a bill is approved, it passes on to the committee stage. Select Committee stage: The bill is considered by a Select Committee, which scrutinises the bill in detail and hears public submissions on the matter. The Committee may recommend amendments to the bill. Second Reading: The general principles of the bill are debated, and a vote is held. If the bill is approved, it is put before a Committee of the House. Committee of the House: The bill is debated and voted on, clause by clause, by the whole House sitting as a committee.

UK Details

Types of Acts

Acts of Parliament are of three types -

Public Acts are for laws of general application (e.g. They are very rare, though the Crossrail Bill, a hybrid bill to build a railway across London from west to east, is currently before the House of Commons. They are subject to a different procedure from that for Public Bills, described above, involving a quasi-judicial committee of three MPs.

It is important not to confuse Private Bills with Private Member's Bills;

Historical Records

All UK Acts of Parliament since 1497 are kept in the House of Lords Record Office, including the oldest Act: The "Taking of Apprentices for Worsteads in the County of Norfolk" Act 1497, a reference to the wool worsted manufacture at Worstead in Norfolk, England.

Acts of Constitutional Importance

Important Acts in UK constitutional history include:

Laws in Wales Acts 1535-1542 - united England and Wales Bill of Rights 1689 - placed (or restated) limits on the monarch's power Act of Settlement 1701 - established a line of succession for the monarchy Act of Union 1707 - united England and Scotland into Great Britain Act of Union 1800 - united Great Britain and Ireland into the United Kingdom Reform Act 1832 - with later Reform Acts and Representation of the People Acts, extended the franchise and removed rotten boroughs Parliament Act 1911 (amended 1949) - allowed the House of Commons to overrule the House of Lords after a delay Statute of Westminster 1931 - gave constitutional independence to the British dominions overseas European Communities Act 1972 - made the UK part of what is now the European Union providing for the application of European Law Scotland Act 1998 - established an autonomous Scottish Parliament Government of Wales Act 1998 - Creation of a National Assembly For Wales

See also: List of Acts of Parliament of the United Kingdom Parliament

Topical Acts

Current Acts of Parliament of special interest:

Identity Cards Act 2006 Terrorism Act 2000 Freedom of Information Act 2000

Numbering

In early days, Acts were given names, and this sufficed as there only a few acts to get confused with.