Introduction to Business Law Assessment 1
QUESTION 1 - IDENTIFY AND DESCRIBE THE SOURCES OF LEGISLATION THAT ARE BINDING IN SCOTS LAW AND QUOTE AT LEAST ONE EXAMPLE.
Each point of law has either a statutory source or a common law source. The statutory sources of law are:
Legislation in the form of an Act of Parliament
With effect from 1707 Parliament (comprising of the House of Commons, House of Lords and the Monarch) have produced Acts of Parliament (primary source of legislation) which may apply in Scotland.
It is often difficult to draft new Acts that can apply to the whole of the UK as the law in Scotland is different to that in England. Legislation passed by the UK parliament may apply in whole, in part, or not at all in Scotland. If it applies solely to Scotland this is denoted in the title e.g. The Divorce (Scotland) Act 1976.
All Acts or Statutes start as bills which can either be public bills, private bills or hybrid bills. * Public Bill – Change the general law of the land, apply to everyone within their jurisdiction - Introduced either by Government (Government Bill) or by MP (Private Members Bill) * Private Bill – a proposal for a law that would apply to a particular individual or group of individuals, or corporate body – introduced by an external person or group of people. * Hybrid Bills - A bill with characteristics of both a public bill and a private bill is called a hybrid bill. Whereby the bill has been introduced as a Public Bill but affects private interests.
A bill passes through a number of stages/readings and scrutinised by Parliament in order to become an Act of Parliament. The final stage is when the Crown formally assents to the Bill in order for it to pass into law.
An Act of parliament may be amended or revoked by a later Act of parliament and the Courts have power to suspend a UK statute where found to be in conflict with EC Law.
Delegated legislation
Delegated legislation known also as secondary or subordinate legislation consists of regulations rules
Each point of law has either a statutory source or a common law source. The statutory sources of law are:
Legislation in the form of an Act of Parliament
With effect from 1707 Parliament (comprising of the House of Commons, House of Lords and the Monarch) have produced Acts of Parliament (primary source of legislation) which may apply in Scotland.
It is often difficult to draft new Acts that can apply to the whole of the UK as the law in Scotland is different to that in England. Legislation passed by the UK parliament may apply in whole, in part, or not at all in Scotland. If it applies solely to Scotland this is denoted in the title e.g. The Divorce (Scotland) Act 1976.
All Acts or Statutes start as bills which can either be public bills, private bills or hybrid bills. * Public Bill – Change the general law of the land, apply to everyone within their jurisdiction - Introduced either by Government (Government Bill) or by MP (Private Members Bill) * Private Bill – a proposal for a law that would apply to a particular individual or group of individuals, or corporate body – introduced by an external person or group of people. * Hybrid Bills - A bill with characteristics of both a public bill and a private bill is called a hybrid bill. Whereby the bill has been introduced as a Public Bill but affects private interests.
A bill passes through a number of stages/readings and scrutinised by Parliament in order to become an Act of Parliament. The final stage is when the Crown formally assents to the Bill in order for it to pass into law.
An Act of parliament may be amended or revoked by a later Act of parliament and the Courts have power to suspend a UK statute where found to be in conflict with EC Law.
Delegated legislation
Delegated legislation known also as secondary or subordinate legislation consists of regulations rules