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Topic: Primary legislation


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In the News (Fri 17 Feb 12)

  
  NationMaster - Encyclopedia: Delegated legislation
Delegated legislation (sometimes referred to as secondary legislation or subordinate legislation) is law made by ministers under powers given to them by parliamentary acts (primary legislation) in order to implement and administer the requirements of the acts.
For example although the primary legislation concerning the National Health Service is by and large common to England and Wales, the structure of the service and the cost of prescriptions charges vary between the two countries.
Legislation can also be created at provincial and local levels of government (which have their own legislatures), where separation of powers may be less formal and complete.
www.nationmaster.com /encyclopedia/Delegated-legislation   (2812 words)

  
 Regulation - Wikipedia, the free encyclopedia
In that primary legislation there are provisions to allow local authorities to legislate for themselves, within reason and under proper process, on a range of matters in their areas of responsibility.
Regulations also assist the primary legislative process, the national parliament, to avoid the potential bottleneck of the detailed implementation of all the laws it produces in all the varying cirumstances throughout the land or throughout the process of their implementation.
All legislation and regulation issued by the executive, including ordinances not ratified by the legislative branch, is subject to judicial review by the administrative courts, such as the Conseil d'État.
en.wikipedia.org /wiki/Regulatory_processes   (882 words)

  
 NationMaster - Encyclopedia: Secondary legislation
Delegated legislation can be passed quickly, saves Parliament time, is more specific and may be designed by those with the best technical knowledge on the area it will be used for.
The output of delegated legislation is vast, and exceeds the output of Acts of Parliament.
All EU legislation must be based on a specific treaty article, which is referred to as the "legal basis" of the legislation.
www.nationmaster.com /encyclopedia/Secondary-legislation   (919 words)

  
 UK Primary Legislation
Turn to the cumulative supplement for more recent information which may reference current service binders containing new pieces of legislation, and finally consult the noter-up volume for most recent changes to the main volumes, the cumulative supplement and the current statute binders.
A recent addition to Halsbury's is the new Destination Tables volume used to trace consolidation legislation (similar to derivation table in Texas statutes).
A major component of legislative research in the UK is determining not only whether a particular statute is still in force but also whether all or part of it is yet in force(e.g.
tarlton.law.utexas.edu /vlibrary/outlines/ukleg.html   (2020 words)

  
 EURIM Briefing No 12 EU Data Protection Directive
Primary legislation would remove these dangers and would be needed in any case to effect any structural or administrative changes.
Primary legislation will also enable advantage to be taken of the extensive derogations in the Directive to provide an approach which minimises the identified adverse effects for UK organisations and companies.
National legislation requires very careful drafting to ensure that marketing opportunities are not over-restricted whilst at the same time data subjects have a clear option to be excluded from unwanted mail and similar contacts.
www.eurim.org /briefings/brief12.htm   (1264 words)

  
 Dáil Éireann - Volume 350 - 16 May, 1984 - Criminal Justice Bill, 1983: Committee Stage (Resumed).
When we are passing legislation of this nature we should be able to satisfy ourselves as to the content of any proposed complaints tribunal or provisions regarding the non-observance of certain regulations.
The primary legislation is the place for the principles of the Bill and a certain amount of detail, but the level of detail in the type of regulations I am referring to is more appropriate to regulations than to the primary legislation.
In primary legislation such as this, if we write something into a Bill the courts subsequently will treat as the letter of the law, the flexibility to interpret will be gone from the court if we write it in and make it mandatory in that sense.
historical-debates.oireachtas.ie /D/0350/D.0350.198405160004.html   (15258 words)

  
 National Insurance Contributions and...: 6 Jan 2004: House of Commons debates (TheyWorkForYou.com)
The fact that we require primary legislation is related to the structure of national insurance.
I believe he was a member of the Standing Committee that considered what became the Finance Act 2003, which engaged in extensive discussion of the new schedules on share ownership and the complexities of the requirements involved.
Despite the Paymaster General's protestations, the truth is that, as she said in her opening remarks, when an employer makes a security-based payment of earnings, there is no national insurance liability until these payments are realised—for example, when options are exercised to acquire shares.
www.theyworkforyou.com /debates/?id=2004-01-06.190.0   (11574 words)

  
 Primary legislation   (Site not responding. Last check: 2007-11-01)
This contrasts with secondary legislation, made by the executive branch, usually within boundaries laid down by the legislature.
In the UK, primary legislation is known as an Act of Parliament, and in the US, it is (at federal level) an Act of Congress.
In European Union law, the founding treaties are the main primary legislation.
primary-legislation.ask.dyndns.dk   (66 words)

  
 The K-Zone: primary legislation
Legislation introduced into the body of law by the apparatus of state (e.g., the Government).
Not all authorities consider SIs as `primary', as they are often derived from Acts of Parliament and deal with their interpretation.
However, both Statutes and SIs are primary in the sense that they are original, written statements of the law, and distinct from case law (see: CaseLaw).
www.kevinboone.com /lawglos_primary_legislation.html   (160 words)

  
 LLRX.com - Researching Primary Legislation of the United Kingdom
Since 1999 both Scotland and Northern Ireland have had legislative bodies capable of producing primary legislation for those regions.
The scope of this article is therefore researching the legislation produced by the United Kingdom Parliament for the entire country.
Determining whether a piece of legislation has come into force is a large component of statutory research in the United Kingdom.
www.llrx.com /features/uklegis.htm   (2690 words)

  
 EU Legislative Procedures - EUbusiness - EU law, politics and finance   (Site not responding. Last check: 2007-11-01)
Primary legislation is agreed by direct negotiation between the EU's Member States' governments.
The procedure for adoptiing a legislative proposal depends on the decision-making procedure stipulated in the EC Treaty.
The Commission has the right of legislative initiative, and proposals for a directive are drafted by the Commission and sent on to be consulted by the Council.
www.eubusiness.com /guides/legislation   (1099 words)

  
 The Northern Ireland Assembly -   (Site not responding. Last check: 2007-11-01)
Primary legislation is brought about by way of a bill, which sets out proposed law presented to the Assembly for scrutiny and discussion.
Primary legislation (Acts) provides the powers to make subordinate legislation in the form of Statutory Rules (Regulations, Rules, Order and Bye-laws).
As primary legislation takes up Assembly time, changes and amendments to the content of various legal measures can be made more quickly by the subordinate legislation process.
www.niassembly.gov.uk /legislation/legislation2000_2.htm   (150 words)

  
 Primary legislation   (Site not responding. Last check: 2007-11-01)
It uses material from the Wiktionary page "Primary".
Law, legislation, treaties, conventions, court opinions, and legal analysis.
Legislation that has Moved from Committee or the Floor Today
www.serebella.com /encyclopedia/article-Primary_legislation.html   (1007 words)

  
 Northern Ireland Orders in Council (Primary Legislation)   (Site not responding. Last check: 2007-11-01)
They are United Kingdom Statutory Instruments made by Her Majesty, by and with the advice of Her Privy Council and with the endorsement of the UK Parliament, in exercise of powers conferred by Schedule 1 of the Northern Ireland Act 1974 and s.85 of the Northern Ireland Act 1998.
These Orders in Council equate to primary legislation which might have been enacted by the previous Northern Ireland Parliament and Assembly or for which powers were not devolved to the new Northern Ireland Assembly in 1999.
During a period of suspension of devolved government in Northern Ireland, legislation that would normally be passed by the Northern Ireland Assembly may, under powers conferred by the Schedule to the Northern Ireland Act 2000, also be made by Her Majesty by Order in Council.
www.northernireland-legislation.hmso.gov.uk /legislation/northernireland/ni-oic.htm   (337 words)

  
 UK Delegated Legislation
Delegated legislation (sometimes referred to as subordinate legislation) arises from the power granted (delegated) to an authority by Parliament to create the rules and regulations that give substance to statutes.
Parliament must ensure that the delegated legislation adheres to the scope of the primary legislation that enabled it and does not exceed the powers granted to that body.
It is worth noting that unlike primary legislation delegated legislation may be questioned by the courts.
tarlton.law.utexas.edu /vlibrary/outlines/ukdelleg.html   (1411 words)

  
 Dáil Éireann - Volume 402 - 20 November, 1990 - Ceisteanna—Questions. Oral Answers. - Primary Legislation.
In fact, any legal amendments necessary would be appropriate to more general legislation governing the circumstances in which an employer is deemed to be insolvent rather than to the 1984 Act, which is not primarily designed to define insolvency situations.
The point is that primary legislation would be required to introduce a scheme which covers informal insolvencies.
I think this matter would have to be provided for in insolvency legislation because it is not possible to deal with an employer's insolvency under the 1984 Act on its own.
historical-debates.oireachtas.ie /D/0402/D.0402.199011200016.html   (440 words)

  
 EPA Victoria — Key waste related legislation
The key primary legislation for waste management in Victoria is the Environment Protection Act 1970.
Primary legislation provides the regulatory framework for society by imposing restrictions and controls on the activities of individuals and corporate bodies.
Subordinate legislation is used to implement the policies outlined in the primary legislation (or Act) and its powers cannot exceed those provided in the primary Act.
www.epa.vic.gov.au /Waste/legislation.asp   (279 words)

  
 Guide to legislation
Primary legislation can take anything from a few months to many years to pass into law, depending on the complexity and opposition to Bills in Parliament.
The idea, or inspiration, for a piece of legislation can come from a variety of sources, including political parties (often as part of their election manifesto) and government departments, interest groups and research organisations, consumer or trade associations, or expert bodies.
Sometimes a piece of legislation is introduced in order to make an international treaty or a Directive from the European Union part of United Kingdom law.
www.number-10.gov.uk /output/page29.asp   (2058 words)

  
 Friends of the Earth Scotland - Press Releases
The Minister made the pledge, to use primary legislation during 2004 to introduce Strategic Environmental Assessments (SEA), on the first day of a major UK conference on environmental justice organised by the Sustainable Scotland Network (SSN) and Friends of the Earth.
This will then be followed by primary legislation to deliver legislation that goes beyond the requirements of the Directive.
The Executive'e pledge to use primary legislation for the SEA complete introduction is important as it will allow for parliamentary scrutiny of this important proposal.
www.foe-scotland.org.uk /press/pr20031007.html   (570 words)

  
 EUR-Lex - About EU law - Process and players - EU law - definitions   (Site not responding. Last check: 2007-11-01)
Primary legislation includes in particular the Treaties and other agreements having similar status.
Primary legislation is agreed by direct negotiation between Member State governments.
Directives have to be implemented in national legislation in accordance with the procedures of the individual Member States.
www.europa.eu.int /eur-lex/en/about/pap/process_and_players2.html   (423 words)

  
 Statewatch News online:Ireland - Court threat for state over privacy
Under current data protection legislation, information about who made and received calls, when, where and for how long, may only be retained by operators for six months for billing purposes and then must be destroyed.
The note also reveals that a timetable for proceeding with legislation still had not been drawn up in early January although the Department of Justice told Mr Meade in a letter dated lst July that legislation would be brought in by autumn 2002.
The legislation is expected to include call data as well as traffic information on all e-mails people send and receive and all Web pages they visit.
www.statewatch.org /news/2003/may/17ireland.htm   (626 words)

  
 Delegated legislation   (Site not responding. Last check: 2007-11-01)
A comprehensive and fully searchable collection of English translations of Russian legislation (free registration is granted at the discretion of the site owner); analysis of major changes in Russian tax legislation; daily news on legislative changes.
Legislation and Statutory Instruments enacted by the Welsh Assembly.
UK legislation, including Acts of Parliament, Statutory Instruments and Measures of the General Synod of the Church of England.
www.omniknow.com /common/wiki.php?in=en&term=Subordinate_legislation   (2630 words)

  
 UK Legislation
Primary legislation in England and Wales is made by the UK Parliament, in Scotland by the Scottish Parliament, and in Northern Ireland by the making of Orders.
In Northern Ireland, the main legislation is contained in the Wildlife (Northern Ireland) Order 1985 and the The Environment (Northern Ireland) Order 2002, supplemented by the Conservation (Natural Habitats, etc) Regulations 1995 (as amended).
Recent legislation is available on the UK Office of Public Sector Information website.
www.jncc.gov.uk /page-1376   (262 words)

  
 Seanad Éireann - Volume 108 - 09 May, 1985 - Report of Joint Committee on the Secondary Legislation of the EC—46 ...
There is a need for a constant updating of the primary legislation after a period.
There should be a general concern to ensure that wherever possible in subsequent legislation matters that were initially done by Statutory Instrument are incorporated into the primary legislation.
There is no debate about them when they are made and, wherever possible, efforts should be made to try to incorporate them in a relevant subsequent Act so that people can know what the law is, an important part of participating in a democratic society.
www.oireachtas-debates.gov.ie /S/0108/S.0108.198505090005.html   (786 words)

  
 Lords Hansard text for 11 Jul 2005 (50711-34)
We are told that paragraph (b) would create a power to make subordinate legislation or to provide for the delegation of functions that could be exercised under an Order in Council along the lines we talked about just now.
We need primary legislation to put the convention into place and I entirely accept that "on the run" modifications to compensation schemes and so on should be dealt with by Orders in Council, but—
We agree that there should not be primary legislation—as the noble Baroness said, the government of the day, which could be any government, would want to act quickly—but Parliament should obviously know about it and be able to comment.
www.publications.parliament.uk /pa/ld199697/ldhansrd/pdvn/lds05/text/50711-34.htm   (1467 words)

  
 House of Commons - Explanatory Note
Clause 1(2) amends section 282 of the Companies Act 1985 by imposing an additional duty upon those companies which are neither small nor medium companies (as defined by section 247 of the Companies Act 1985) to nominate one of its directors as 'health and safety information director'.
primary legislation which is specified in Schedule 12A to the Companies Act 1985 (as inserted by Clause 2(3));
Section 309D also imposes a duty upon the directors of those companies which have a duty to nominate a health and safety information director to take into account the information and advice of that director when assessing what steps to comply with the duty that is imposed upon them.
www.publications.parliament.uk /pa/cm200405/cmbills/022/en/05022x--.htm   (998 words)

  
 The Child Support (Amendments to Primary Legislation) (Scotland) Order 1993
It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
This Order may be cited as the Child Support (Amendments to Primary Legislation) (Scotland) Order 1993 and shall come into force on 5th April 1993.
www.legislation.hmso.gov.uk /si/si1993/Uksi_19930660_en_1.htm   (764 words)

  
 Definition of European Community law
In contrast to nations such as the United States, European nations subscribe to the principle that international law adopted by a nation overrides national law, and hence it is the case European Union law overrides the national laws of its member states.
The primary legislation, or treaties, are effectively the constitutional law of the European Union.
There are three main legislative procedures in the European Union, with the main difference between them being how the European Parliament interacts with the Council of the European Union.
www.wordiq.com /definition/European_Community_law   (670 words)

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