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You are required to produce a report which explores sources of law relevant for providing legal advice. In the first part of your report you need to demonstrate how the legislative process would applies in different situations. To do this you will need to: ● Select one primary law and one secondary law

Question

You are required to produce a report which explores sources of law relevant for providing legal advice. In the first part of your report you need to demonstrate how the legislative process would applies in different situations. To do this you will need to: ● Select one primary law and one secondary law

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Solution

  1. Primary Law: Primary laws, also known as primary legislation or statutes, are laws that have been passed by the legislative bodies of a country. In the UK, this refers to Acts of Parliament or statutes.

    • Example: The Equality Act 2010 is a primary law that was passed by the UK Parliament. It consolidates and expands previous anti-discrimination laws, and it applies to various situations such as employment, education, and provision of services.

    • Legislative Process: The process of creating primary law involves several stages. First, a bill is introduced in either the House of Commons or the House of Lords. It then goes through several readings and stages of scrutiny in both Houses. If it is approved by both Houses, it receives Royal Assent and becomes law.

  2. Secondary Law: Secondary laws, also known as delegated or subsidiary legislation, are laws made by an individual or body under powers given to them by an Act of Parliament.

    • Example: The Health and Safety at Work Regulations 1999 is a secondary law. It was created under powers given by the Health and Safety at Work Act 1974. It provides detailed rules on various aspects of health and safety at work.

    • Legislative Process: The process of creating secondary law involves the individual or body (such as a government minister or a regulatory agency) drafting the legislation and then usually consulting on it. The legislation is then often laid before Parliament for a period of scrutiny before it can come into force. The level of scrutiny depends on the procedure specified in the enabling Act.

In conclusion, both primary and secondary laws are crucial sources of law for providing legal advice. Understanding the legislative process for each type of law can help in interpreting the law and predicting future legal developments.

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