Qualification: Pearson BTEC Level 3 National Extended Diploma in Business
Unit Number and Title: Unit 23: The English Legal System – Assignment 3
Learning Aim C: Explore sources of law relevant for providing legal advice
Assignment Title: The Legislative process and the impact of the European Union on English
Law
Introduction
In this report I will exploring relevant sources in terms of law in order to help provide legal
advice. Within the first part of this report, I will be explaining few legislative process and
stages and how it has been applied within the task. Therefore, looking at the rule so the
Judicial Precedent and Statutory Interpretation and finally making sure to analyse the
European law and also the English law as a whole by finally evaluating sources of law which
are providing certainty for the lawyers to be giving out legal advice all within the light of
Brexit.
P5: Explain the Legislative process and how it applies in relation to the task
The Acts of Parliament can also be known as the Legislation as whatever laws are created,
they are created from the Parliament. The whole of the Parliament consists of the House of
Lords, Monarch and also the House of Commons and are all here as responsible for making
law. Some of the roles of the Monarch tasks of law could be developing various other Acts
of Parliament to be much more efficient and also updated, taking our outdates and also old
laws and adding new laws within the Legal System and developing various laws within either
one or many laws all under within one topic. Laws itself are able to change after hearing
suggestion an also ideas from the people itself and usually, there do come from the
Members of Parliament, Law Commission, pressure groups, government or individual bodies
and political manifestos. Some laws can even be created within emergency and a great
example of this is when The Corona Virus Act 2020 came in after being based on The Public
Health Act 1984 which allows the government to impose national lockdowns and other
various restrictions.
Two types of legislation which include Primary Legislation and also Secondary Legislation.
Primary Legislation include Act of Parliament and secondary legislation includes Delegated
Legislation of Byelaw’s.
Government provides the Delegated Legislations to the individuals to create laws on behalf
of the government as this is very necessary due to the government not having enough time
to be establishing new laws or just laws in general through parliament due to the slowness
and time-consuming legislative process. Within emergency situation, delegation laws must
be created, and this is where it is important to include individuals who are specialists or who
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, are known to have local knowledge. There are various types of delegated legislations and
some include Orders in Council, Byelaws and also Statutory Instruments.
When an objective policy is accepted by the government, it will be created into a document
which is known as the Green Paper however, it will only be a draft at the first. The draft will
be shared among other people who do have a particular interest within the laws which can
lead to them making their suggestions and also discussing opinions. Once this stage is
passed, The document draft which is known as the Green Paper will be then transformed
into White Paper which still be a draft but it will contain greater detail and a whole plan
contained for changing law.
The proposal of change of law is done, it is known as the bill, and when talking about bills,
there are three various types which include public bills, private bills and also private
member’s bills. Public bills are which that can lead to affecting the people and also the
country itself. Private bills are which that affect only an area or particular group, and these
are usually proposed by big businesses or even the local authorities. Finally, the private
member’s bill is which is proposed by an individual member of the parliament.
The next few stages are taken place within The House of Lords or even The House of
Commons and also any of the bills will be taken through the 7 stages. The 7 stages are first
reading, second reading, committee stage, report stage, third reading, consideration of
amendments and Royal Assent. The first reading is a process where the proposal is notified,
and the title of the bill is read out clearly for everyone to hear. When it comes to the stage
of the second reading, it allows for a full debate where other suggestions can be added and
also votes are then taken place in order to make any amendments. Therefore, the bill is the
passed down through the stage known as the committee stage which is where the whole
committee will be reviewing the bill with precise detail and it also allow for any members to
be making changes if needed. If there are any changes it will be go few stages to The House
of Commons or The House of Lords for the report stage where the parliament will be
debating and then taking votes to be allowing for any changes to be made within the
committee stage. When it comes to the third reading stage, it is where the members of the
Commons or the Lords will be getting a chance to be voting and debating. Furthermore, the
bill be taken into the next stage of consideration of amendment’s which will allow for the
original house to be checking and agreeing with the final piece of legislation after the
suggestions from both of the houses have been done. Lastly, the Royal Assent stage is
where the Monarch will be giving consent to the legislation for it to become law.
One of the legislations that came very quickly was The Dangerous Dogs Act 1991 and this
was an official legislation too but had caused many unfair issuers. The main points to be
including about this legislation was that if anyone feels that the person, they see is
dangerous and out of control, it can be seized by the police. Another point to be made is the
owner of the dog will be facing a prison sentence and a dog owning ban. Therefore, if the
dog was to get sized it is presumed that the dog would have been destroyed unless the
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