(1) Secondary legislation allows power to be delegated to several law making bodies by the act of parliament often called the ‘Parent’ or ‘Enabling’ Act. These powers are delegated to the privy council, government ministers, local authorities and other regulatory agencies in the form of Orders in Council, statutory instruments and bylaws (three forms of delegated legislation). With reference to section 3 (2) of the Offending Public Decency Act 2010, the piece of legislation which comes into force on the 1st of February 2011, is likely to be in the form of a statutory instrument, whereby the legislation is made by the appropriate government minister, following the framework set out by the Statutory Instrument Act 1946 which regulates the statutory instrument, ensuring that the legislation is created correctly.
Primary legislation are acts of parliament (or statues) which contains the fundamental principles of English law and has three forms: public, private and hybrid legislation. The creation of primary legislation is set out in parliamentary stages. When the government or any member of Parliament wishes to create and pass a law, they first need to create a bill which is a draft proposal of law presented to parliament for discussion. The bill may begin it’s journey in either the House of Lords or House of Commons (excluding bills which relate to taxation which always begins in the House of Commons). The first stage is the first reading where the bill’s title is read out in the chamber. During the second reading MPs or peers discuss and debate the main principles of the bill. MPs then vote at the end of this stage to determine whether the bill should pass to the next stage. Assuming that the majority of MPs vote in favour of the bill, then the bill reaches the committee stage where it is scrutinised and inspected by a select committee of MPs. The next stage of the bill’s journey is the report stage. This is where the amendments to changes is reported to the house, and MPs will vote on the amendments. During the third reading MPs will debate and vote on the bill in its final form. If the bill is passed, it goes onto the other chamber whereby the same stages occur. When the bill is passed in both houses of parliament, it goes through royal assent, whereby the bill is signed into law by the head of state and becomes an Act of Parliament.
(2) Rules of constructs are a set of rules which are used to interpret pieces of legislation.
There are four rules of construction. Firstly the literal rule applies the language of a statute using it’s ordinary and natural meaning of the words. Secondly, the golden rule is the literal interpretation of facts of event. Thirdly the mischief rule allows the interpretation of a statute in line with the intent of parliament. Finally the purposive approach is when the court’s attempt to interpret the purpose of legislation. Regarding the judgement given by Lord Sahni,
(3) Article 8 of the Human Right’s Act (HRA) is the Right to respect for private and family life.