An
act of Parliament (
Act of
parliament) is a
statute (commonly
called a law)
enacted as
primary legislation by a national or
sub-national
parliament.
In
Commonwealth countries,
the term is used both in a narrow sense, as the formal description
of a law passed in certain territories, and in a wider (generic)
sense for primary legislation passed in any country.
Bills
A draft act of Parliament is known as a
bill.
In territories with a
Westminster
system, most bills that have any possibility of becoming law
are introduced into parliament by the government. This will usually
happen following the publication of a "
white
paper", setting out the issues and the way in which the
proposed new law is intended to deal with them. A bill may also be
introduced into parliament without formal government backing; this
is known as a
private member's
bill.
In territories with a
multicameral
parliament, most bills may be first introduced in any chamber.
However, certain types of legislation are required, either by
constitutional
convention or by law, to be introduced into a specific chamber.
For
example, bills imposing a tax, or involving
public expenditure, are introduced
into the House of Commons
in the United Kingdom
by convention, and in Canada
's House of Commons and Ireland
's Dáil as a
matter of law. Conversely, bills proposed by the Law Commission and
consolidation bills traditionally
start in the House of
Lords
.
Once introduced, a bill must go through a number of stages before
it can become law. In theory, this allows the bill's provisions to
be debated in detail, and for amendments to the original bill to
also be introduced, debated, and agreed to.
In bicameral parliaments, a bill that has been approved by the
chamber into which it was introduced then "sends" the bill to the
other chamber. Broadly speaking, each chamber must separately agree
to the same version of the bill. Finally, the approved bill
receives assent; in most territories this is merely a formality,
and is often a function exercised by the
head of state.
In some
countries, such as in Spain
and Portugal
, the term
for a bill differs depending on whether it is initiated by the
government (when it is known as a
"project"), or by the Parliament (a "proposition", i.e. a private
member's bill).
Procedure
Australia
In Australia, the bill passes through the following stages:
- First reading: 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. Again,
the second reading of a Government bill is usually approved. A
defeat for a Government bill on this reading signifies a major
loss. 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. Generally, committees are not used to consider the
bill in detail.
- Third reading: A debate on the final text of the bill, as
amended. Very rarely do debates occur during this stage.
- Passage: The bill is then sent to the other House (to the
Senate, if it originated in the House of Representatives; to the
Representatives, if it is a Senate bill), which may amend it. If
the other House amends the bill, the bill and amendments are sent
back to the original House for a further stage. The State of Queensland
's Parliament is unicameral and skips this and the
rest of the stages.
- Consideration of Senate/Representatives amendments: The House
in which the bill originated considers the amendments made in the
other House. It may agree to them, amend them, propose other
amendments in lieu, or reject them. 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", i.e.
abandoned. There is also a special constitutional procedure
allowing the passage of the bill without the separate agreement of
both houses. 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
simultaneously and call an election for the entire Parliament. This
is called a double
dissolution. After the election, if the House again passes the
bill, 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. Although the House and
the Senate sit as a single body, bills passed at a joint sitting
are treated as if they had been passed by each chamber separately.
The procedure only applies if the bill originated in the House of
Representatives. Six double dissolutions have occurred, though a
joint sitting was only held once, in 1974.
Canada
In Canada, the bill passes through the following stages:
- First reading: This stage is a mere formality.
- Second reading: As in the UK, the stage involves a debate on
the general principles of the bill and is followed by a vote.
Again, the second reading of a Government bill is usually approved.
A defeat for a Government bill on this reading signifies a major
loss. If the bill is read a second time, then it progresses to the
committee stage.
- Committee stage: This usually takes place in a standing
committee of the Commons or Senate.
- Standing committee: The standing committee is a permanent one;
each committee deals with bills in specific subject areas. Canada's
standing committees are similar to the UK's select committees.
- Special committee: A committee established for a particular
purpose, be it the examination of a bill or a particular
issue.
- Legislative committee: Similar to a special committee in that
it is established for the consideration of a particular bill. The
chairmanship is determined by the Speaker, rather than elected by
the members of the committee. Not used in the Senate.
- Committee of the Whole: The whole house sits as a committee in
the House of Commons or Senate. Most often used to consider
appropriation bills, but can be used to consider any bill.
- : The committee considers each clause of the bill, and may make
amendments to it. Significant amendments may be made at committee
stage. In some cases, whole groups of clauses are inserted or
removed. However, if the Government holds a majority, 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).
- Report stage: this takes place on the floor of the appropriate
chamber, and allows the House or Senate to approve amendments made
in committee, or to propose new ones.
- Third reading: A debate on the final text of the bill, as
amended.
- Passage: The bill is then sent to the other House (to the
Senate, if it originated in the House of Commons; to the Commons,
if it is a Senate bill), where it will face a virtually identical
process. 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. It may agree to them, amend them, propose other amendments
in lieu or reject them. If each House insists on disagreeing with
the other, the Bill is lost.
- Disagreement between the Houses: There is no specific procedure
under which the Senate's disagreement can be overruled by the
Commons. The Senate's rejection is absolute.
The debate on each stage is actually debate on a specific motion.
For the first reading, there is no debate. For the second reading,
the motion is "That this bill be now read a second time and be
referred to [name of committee]" and for third reading "That this
bill be now read a third time and pass." In the Committee stage,
each clause is called and motions for amendments to these clauses,
or that the clause stand part of the bill are made. In the Report
stage, the debate is on the motions for specific amendments.
Once a bill has passed both Houses in an identical form, it
receives final, formal examination by the
Governor General who invariably gives it
the
Royal Assent. Although the Governor
General can in theory refuse to assent a bill or reserve the bill
for the Queen at this stage, this power has fallen into
disuse.
Bills being reviewed by Parliament are assigned numbers: 2 to 200
for government bills, 201 to 1000 for
private member's bills, and 1001 up
for
private bills. They are preceded by
C- if they originate in the House of Commons, or S- if they
originate in the Senate. For example,
Bill
C-250 was a private member's bill introduced in the House.
Bills C-1 and S-1 are
pro forma bills, and are introduced at
the beginning of each session in order to assert the right of each
Chamber to manage its own affairs. They are introduced and read a
first time, and then are dropped from the
Order Paper.
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.
- Third reading: Summarising arguments are made, and a final vote
is taken. If the bill is approved, it is passed to the
Governor-General for Royal Assent. New Zealand has no upper house,
and so no approval is necessary.
United Kingdom
United Kingdom Parliament

A graphic representation of the
legislative procedure.
A draft piece of legislation is called a
bill, when this
is passed by parliament it becomes an
act and part of
statute law. There are two types of bill and act,
public
and
private. Public acts apply to the whole of the UK or a
number of its constituent countries - England, Scotland, Wales and
Northern Ireland. Private acts are local and personal in their
effect, giving special powers to bodies such as local authorities
or making exceptions to the law in particular geographic
areas.
In the United Kingdom Parliament, each bill passes through the
following stages:
- Pre-legislative scrutiny
- First reading: This is a
formality; no vote occurs. The Bill is presented and ordered to be
printed and, in the case of private members' bills, a date is set
for second reading.
- Second reading: A debate on the
general principles of the bill is followed by a vote.
- Committee stage: This usually takes place in a standing
committee in the Commons and on the Floor of the House in the
Lords. The committee considers each clause of the bill, and may
make amendments to it.
- 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.
- Third reading: a debate on the
final text of the bill, as amended.
- Passage: The bill is then sent to the other House (to the
Lords, if it originated in the Commons; to the Commons, if it is a
Lords bill), which may amend it.
- Consideration of Lords/Commons amendments: The House in which
the bill originated considers the amendments made in the other
House.
- Royal assent
Scottish Parliament
In the Scottish Parliament, bills pass 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 considered by one or more of the subject
Committees of the Parliament, which normally take evidence from the
bill's promoter and other interested parties before reporting to
the Parliament on the principles of the Bill. Other Committees,
notably the Finance and Subordinate Legislation Committees, may
also feed in at this stage. The report from the Committee is
followed by a debate in the full Parliament.
- Stage two: The Bill returns to the subject Committee where it
is subject to line-by-line scrutiny and amendment. This is similar
to the Committee Stage in the UK Parliament.
- Stage three: The Bill as amended by the Committee returns to
the full Parliament. There is a further opportunity for amendment,
followed by a debate on the whole Bill, at the end of which the
Parliament decides whether to pass the Bill.
- Royal assent: After the Bill has been passed, the Presiding
Officer submits it to Her Majesty for Royal Assent. 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, member's bills
(similar to private member's bills in the UK Parliament), committee
bills, and private bills.
Singapore
In Singapore, the bill passes through these certain stages before
becoming into an Act of Parliament.
- First Reading: The bill will be introduced to the government,
usually by the members of parliament. The unicameral parliament
will then discuss about it and then voting occurs. Voting has to be
at least 1/2 for non-controversial ones and 2/3 for controversial
ones. If the votes are successful, it will proceed to the second
reading.
- Second Reading: In this stage, the Bill is further discussed
and put into voting. If the votes are more than 1/2 of it, it will
proceed to the select committee.
- Select Committee: The select committee consists of people not
only from the parliaments, but also the people who might get
affected by it after a Bill is passed. This is to ensure equity and
making sure the Bill is fair for all. If the Bill is in favor, it
will proceed to the third reading.
- Third Reading: After the select committee have discussed and
are in favor of the bill, they will have to vote. At this juncture,
if the votes are more than 1/2, it will be sent to the President of
Singapore, currently S.R._Nathan. This
is known as President Assent.
- President Assent: The president must give permission in order
for the bill to be passed. If he approves it, it will become a
statute passed down by the members of parliament which is called an
Act Of Parliament.
Titles and citation of acts
Acts passed by the
Parliament of
England did not originally have titles, and could only be
formally cited by reference to the parliamentary session in which
they were passed, with each individual act being identified by a
chapter number. Titles were initially only added to each act when
initially recorded by the official clerks, as a description; over
time, titles came to be included within the text of each bill.
Since the mid-nineteenth century, it has also become common
practice for acts to have a
short title,
as a convenient alternative to the sometimes lengthy main
titles.
The numerical citation of acts has also changed over time. The
original method was based on the regnal year(s) in which the
relevant parliament session met. This has been replaced in most
territories by simple reference to the calendar year, with the
first act passed being chapter 1, and so on.
In the
Australian state of Victoria, acts
are numbered continuously from 1860, hence (e.g.) Act 9876 of
2006.
See also
References
External links