Statute in United Kingdom

Definition of Statute

In accordance with the work A Dictionary of Law, this is a description of Statute : (Act of Parliament, statute)

A document that sets out legal rules and has (normally) been passed by both Houses of *Parliament in the form of a *Bill and agreed to by the Crown (See royal assent). Under the Parliament Acts 1911 and 1949, however, passing of public Bills by the House of Lords can be dispensed with, except in the case of Bills to extend the duration of Parliament or to confirm provisional orders. Subject to these exceptions, the Lords can delay Bills passed by the House of Commons; it cannot block them completely. If the Commons pass a money Bill (for example, one giving effect to the Budget) and the Lords do not pass it unaltered within one month, it may be submitted direct for the royal assent. Any other Bill may receive the royal assent without being passed by the Lords if the Commons pass it in two consecutive sessions and at least one year elapses between its second reading in the first session and its third reading in the second.

Every modern Act of Parliament begins with a long title, which summarizes its aims, and ends with a short title, by which it may be cited in any other document. The short title includes the calendar year in which the Act receives the royal assent (e.g. The Competition Act 1998). An alternative method of citation is by the calendar year together with the Chapter number allotted to the Act on receiving the assent or, in the case of an Act earlier than 1963, by its regnal year or years and Chapter number. Regnal years are numbered from the date of a sovereign’s accession to the throne, and an Act is attributed to the year or years covering the session in which it receives the royal assent. (See also enacting words). An Act comes into force on the date of royal assent unless it specifies a different date or provides for the date to be fixed by ministerial order.

Acts of Parliament are classified by the Queen’s Printer as public general Acts, local Acts, and personal Acts.

Public general Acts include all Acts (except those confirming provisional orders) introduced into Parliament as public Bills.

Local Acts comprise all Acts introduced as private Bills and confined in operation to a particular area, together with Acts confirming provisional orders.

Personal Acts are Acts introduced as private Bills and applying to private individuals or estates. Acts are alternatively classified as public Acts or private Acts according to their status in courts of law. A public Act is judicially noticed (i.e. accepted by the courts as a matter of general knowledge). A private Act is not, and must be expressly pleaded by the person relying on it. All Acts since 1850 are public unless they specifically provide otherwise. The printed version of an Act, rather than the version set out on the HMSO website, is the authentic text, although there are current proposals (2001) to alter this rule under the Electronic Communications Act 2000.

Finding British Statutes

British statutes, unlike some other countries statutes (such as the Canadian statutes), are not periodically consolidated, which makes their use somewhat complicated. If your research involves a British statute, you will want to locate the original statute, and all subsequent amending statutes, which must be read together to give you the statute in its current form.

There are two methods for locating a British statute:

Method 1: Semi -official sources

(Given the citation of the statute)

• For statutes for the period 1225 to 1713, consult the volumes entitled Statutes of the Realm (except for the period 1642-1660, for which see Acts and Ordinances of the Interregnum).
• For statutes for the period 1714 to the present, consult the volumes in the series variously entitled Public General Statutes or Law Reports, Statutes .

Although the coverage of the series, Statutes at Large, overlaps with that of Statutes of the Realm , the text contained in Statutes of the Realm is the official version for the period 1225 to 1713. Note that the text can vary between the two series.

Note on updating statutes: Since amendments are not consolidated with the statute, you must locate these amendments separately. To do so, consult the Chronological Table of the Statutes which lists all statutes passed and notes under each of any later act which has amended it. The statutes are listed according to the year they were passed.

Method 2: Commercial sources

An alternative to using the semi-official volumes discussed above is provided by Halsbury’s Statutes , a commercial publication. It is particularly useful for finding out what British Acts of Parliament deal with a particular subject. Publication of the fourth edition was completed in 1989 (a number of volumes have been reissued since). Halsbury’s Statutes consists of 50 main volumes that contain annotations of statutes organized by subject.

Given the title of the statute

• Consult the Table of Statutes and General Index of the Halsbury’s Statutes . Turn to the “Alphabetical List of Statutes.”
• Scan the alphabetic list of statutes until you find the relevant act. The volume number (in bold print) and the paragraph number where the act will be found in the main volumes is given. If the act is in the Current Service , the volume number is followed by an (S). Look up the statute.
• If the act is recent, consult the Alphabetical List of Statutes in the Contents section of the Current Service binder. This table will direct you to the appropriate service binder and page.

Given the subject of the statute

• Consult the Index to the Statutes.
• Find the relevant general subject heading Some subject headings refer only to particular parts of Great Britain.
• Abbreviations are as follows: England (E), Wales (W), England and Wales (E & W), Scotland (S), or London (L).

Note on updating statutes

There are three stages to updating statutes:

• Go to the Cumulative Supplement for the current year. Check under the volume, title, and page number of the original act for any changes.
• Go to the Noter Up Service Binder , and check under the volume, title, and page number of the original act for any changes. This covers information after the publication of the cumulative supplement. You should also consult Is It in Force?, located beside Law Reports: Statutes , which provides a guide to the commencement of statutes for the last 25 years. This complements the above method.
• Check the latest issue of Current Law for any changes.

“Current Law” Publication

Current Law, formerly Scottish Current Law (abbreviated S.C.L.), is a monthly service which digests English and Scottish cases, statutes and regulations alphabetically under broad subject headings. Digests are accumulated annually in the Current Law Yearbook, formerly the Scottish Current Law Yearbook.

Until 1971, the publishers consolidated the accumulated digests every five years in a volume referred to as a “master volume.” This practice was stopped in 1976, and replaced by a cumulative subject index. There is also a Case Citator and Statute Citator , both of which note cases reported in a very extensive list of law reports. They provide a valuable source of information for updating British case law, statutes and regulations.

For more detailed information on how to use Current Law, consult the booklet, “How to Use Current Law”, found in the box of unbound copies of Current Law following the bound copies.

Citation Of British Statutes

For detailed information about citation Of British Statutes, click here.

Concept of Statute

The following is an old definition of Statute [1], a term which has several meanings:1. The written will of a legislature, expressed in the form necessary to constitute it part of the law; an act of legislation; an enactment; a written law. The express written will of the legislature, rendered authentic by certain prescribed forms and solemnities. An act of ordinary legislation, by the appropriate organ of government; the provisions of which are to be executed by the executive or judiciary, or by officers subordinate to them. The written laws of the kingdom are statutes, acts, or edicts, made by the king’s majesty, by ahd with the advice and consent of the lords spiritual and temporal, and commons in parliament assembled. The great office of statutes is to remedy defects in the common law as they are developed, and to adapt it to the changes of time and circumstances

Alternative Meaning

Formerly, the whole legislation of one session of a legislature, each distinct enactment being referred to as a “chapter” of the statute; whence (the word(s) which follow it are derivatives from the same root word) the abbreviations ch. and c. Statutable. Introduced, provided for, or required by express legislative enactment. Statutory. Relating to that which exists, obtains, or is maintainable, by virtue of legislation, instead of by force of common law; regulated by express enactment: as, statutory – copyright, indictment, lien, proceedings, remedy, qsee, in this resource, the term General or public statute. An universal rule that regards the whole community. Local statute. Applies to the citizens of a part of a State; also, a written law of one State as distinguished from national law. Special or private statute. This is rather an exception than a rule, being that which operates only upon particular persons and private concerns. A “public ” act or statute relates to the public at large. The disposition is to enlarge the limits of public statutes, and to bring within them ail enactments of a general character or which in any way affect the community at large. Examples of public statutes are: statutes relating to a particular officer, establishing or defining municipal corporations, respecting roads or navigation generally, regulating the sale of liquors, giving jurisdiction to a particular court, affecting all classes of persons in a State: also, municipal ordinances before a municipal court; but the laws of a school board are private. A “private” actor statute concerns the particular interests or benefit of certain individuals or of particular classes of men. A private statute affects only an individual or a small number of persons; concerns only a particular species, thing, or person. A “local” statute touches but a portion of the territory of a State, a part of its people, or a fraction of the property of its citizens. A local statute may be general or private in nature. In discussions on the relative authority of State and United States laws, ” local ” statute often refers to the statute law of one State, as opposed to a law, on the same subject, of another State, or of Congress, or the general commercial law. Other distinguishing epithets applied to statutes are: declaratory, directory, mandatory; enabling, disabling; penal, and remedial, qsee, in this resource, the term General or public statutes are noticed judicially without proof. Private statutes are to be formally pleaded and proved. Private statutes are proved by copy, examined by the roll itself, or by an exemplification under the great seal. In the United States, printed copies of the laws of alegislature, published in ” statute-books ” by its authority, are competent evidence either by statute or judicial decision; and it is sufficient, prima facie, that the book purports to have been so printed. The laws and resolutions of each session of our legislatures are printed by their authority; confidential persons are selected to compare the copies witli the original rolls, and superintend the printing. The following rules for the construction of statutes, formulated by Sir William Blackstone, are frequently quoted: (1) In construing a remedial statute, the old law, the mischief, and the remedy are to be considered. See post, 970, u

Alternative Meaning

(2) A statute which treats of things or persons of an inferior rank cannot by general words be extended to those of a superior rank. See Ejusdem. (3) Penal statutes must be construed strictly. See post, 970, c. 1. (4) Statutes against frauds are to be liberally and beneficially expounded. (5) One part of a statute must be so construed by another that the whole may, if possible, stand. See Res, Ut res, etc. (6) A saving totally repugnant to the body of a statute is void. (7) When the common law and a statute differ the common law gives place to the statute, and an old statute to a new statute. (8) If a statute that repeals another is itself afterward repealed, the first statute is thereby revived without formal words for that purpose. See Repeal. (9) Acts of Parliament derogatory from the power of subsequent Parliaments bind not. (10) Acts of Parliament that are impossible to be performed are of no validity; arid if there arise out of them collaterally any absurd consequences, manifestly contradictory to common reason, they are, with regard to those consequences, void. . To the foregoing, Judge Sharswood, in his annotations to Blackstone’s Commentaries, at page ninety- one of book one, adds the following five canons, with references to decided cases: (11) A statute shall always be so construed as to operate prospectively, and not retrospectively, unless the language is so clear as to preclude all question as to the intention of the legislature. See Retrospective. (12) Contemporaneous usage may be resorted to as evidence of the construction put upon a statute by those best acquainted with the mind and intention of the law-makers. See Expositio, Contemporanea. (13) The judicial interpretation of the statute of a State as settled by its own courts is to be received and followed by the courts of other States and by the Federal judiciary. See Comity; Decision, Rules of. (14) When there has been a general revision of the statute code of a State, under the authority of the legislature, and the revision has been approved, a mere change of phraseology, introduced by the revisers, will not be held to have effected a change in meaning unless such clearly appears to have been the intention. See Revised Statutes. (15) A statute cannot be repealed by usage or become obsolete by non-user. That a part of a statute may be unconstitutional, see Constitutional.Blackstone, on pages fifty-nine to sixty-two of the same book (Vol. 1, Book 1) of his Commentaries, had made the subjoined ” observations ” concerning the interpretation of particular statutes, which, like the canons given above, are everywhere quoted or cited. Having premised that ” the most rational method to interpret the will of the legislator is by exploring his intentions ” as evinced by the words employed, the context, the subject-matter, the effect and consequences, and the spirit and reason,- he adds, more at length, that – (1) Words are generally to be understood in their usual and most known signification; not so much regarding the propriety of grammar as their general and popular use. Terms of art, or technical terms, must be taken according to the acceptation of the learned in each art, trade, and science. See Art, 3. (2) If words are still dubious their meaning may be established from the context. (3) As to the subject-matter, words are always to be understood as having a regard thereto, for that is always supposed to be in the eye of the legislator, and all his expressions directed to that end. (4) As to the effects and consequences, the rule is that where words bear either none, or a yery absurd signification, if literally understood, the received sense may be a little deviated from. (5) But the most effectual way of discovering the time meaning of a law, where the words are dubious, is by discovering the reason and spirit of it; the cause which moved the legislator to enact it. See Equity, Of a statute, p. 409. The following paragraphs, for the most part from the decisions of the Supreme Court of the United States, will serve still further to elucidate this important subject: Regard is to be had to the words, and to the intent: by reference to the context, previous or current enactments, the history of the art or rrade, general history, etc. A meaning is to be accorded, if possible, to every word. That construction which makes a word redundant is to be rejected. The light had when the statute was made, and not the light of experience, is to be followed. Every part must be construed in connection with the whole, so as to make all the parts harmonious, if possible, and give a meaning to each part. A thing within the intention is as much within the statute as if it were within the letter; and a, thing within the letter is not within the statute if contrary to the intention of it. The intention of the law-maker Is the law. The duty of the court, being satisfied of this intention, clearly expressed in a constitutional enactment, is to give effect thereto, and not to defeat it by adhering too rigidly to the mere letter of the statute, or to technical rules of construction. The business of the interpreter is to expound, not to improve, the language. The question is not so much what the law-makers meant, as what their language means. A construction leading to an absurd consequence is to be discarded. . General terms will he so limited in their application as not to lead to injustice, oppression, an absurdity, or an unconstitutional operation, if possible. It will be presumed that exceptions were intended which would avoid results of that nature. It a literal interpretation of any part of a statute would operate unjustly or lead to absurd results, or be contrary to the evident meaning of the act taken as a whole, it should be rejected. The best way to discover the meaning, when expressions are rendered ambiguous by their connection with other clauses, is to consider the causes which induced the enactment. No statute, however positive in its terms, is to be construed as designed to interfere with existing contracts, rights of action, or with vested rights, unless the intention that it shall so operate is expressly declared or is to be necessarily implied. Hence, a new statute is regarded as applying to future cases. Settled construction is as much a part of a statute as the text itself, and a change of decision is the same in effect on contracts as an amendment of the law by enactment. The practical construction given to a statute through a long period, and acquiesced in by all the departments of government, should control the court in construing it, though that construction contravene the letter of the law. Where no Federal question is involved, the Federal courts accept the construction of the statutes of a State made by the courts of the State, however much they may question the correctness of that construction.^8 Petial statutes are not to be construed so strictly as to defeat the obvious mtention of the legislature. This rule is founded on the tenderness of the law for the rights of individuals; and on the principle that the power of punishment is vested in the legislature, and not in the judicial department. It would be dangerous to carry the principle, that a case which is within the reason or mischief of a statute, is within its provisions, so far as to punish a crime not enumerated in the statute, because it is of kindred character with those which are enumerated. But the court must not disregard the rule that the intention of the law-maker, gathered from the words employed, governs in all cases. The intention being the law, that sense is to be adopted which best harmonizes with the context, and promotes in the fullest manner the policy and the object of the legislature. A citizen is not to be placed where, by an honest error in construction, he may be prosecuted. ” The criminal law ought to be plain, perspicuous, and easily apprehended by persons of common intelligence. Itis cruel and unjust to punish men for actions which can be construed to be crimes only by the application of artificial principles according to a mode of disquisition vmknown in the ordinary pursuits of life.” Laws in derogation of common law, and statutes conferring exclusive privileges, are also to be construed strictly, that is, by close adherence to the words. A remedial statute must be construed liberally, so as to afford all the relief within the power of the court which the statute indicates the legislature intended to grant. Courts will look into the occasion for the passage of such a statute, and consider the evils it seeks to remedy, their nature and extent, to determine how far it was to reach. The meaning may be extended beyond the precise words used, from the reason or motive upon which the legislature proceeded, the end in view, or the purpose designed – the limitation being that to extend the meaning to a case not included in the words, the case must be shown to come within the same reason upon which the law-maker proceeded, and not only within a like reason. ^8 Contemporaneous construction by those called upon to carry a statute into effect is entitled to great respect.^9 Where English statutes have been adopted, the settled construction of them by the English courts has been considered as incorporated in the text. Decisions made in England since the separation of the Colonies are entitled to great respect, but their authority is not admitted. See Act, 2; Construction; Constitution; Day; Declaratory; Derogation; Exception, 2; Expositio; Form; Law; Materia; Ordinance, 2; Preamble, 2; Prohibitory, 1; Provided; Punctuation; Purview; Repel; Revise; Repugnant; Title, 2; Waiver. Statute of Accumulations. See Accumulation. Statute of Distributions. See Distribution, 1. Statute of Elizabeth.. See Charity, 2; Conveyance, 2, Fraudulent. Statute of Frauds. See Fraud, Statute, etc. Statute of Gloucester. See Costs. Statute of Limitations. See Limitation, 3. Statute of Uses. See Use, 3. Statute of Wills. See Will, 2. Statutes at large. Statutes in full or at length as originally enacted, in distinction from abridgments, compilations, and revisions. In particular, the title of the publication containing, chiefly, the acts of Congress – the United States Statutes at Large. Acts of the State legislatures, as a rule, go by other names, as, “session laws,” in Pennsylvania “pamphlet laws.” The United States Statutes at Large exhibit the legislation of the several Congresses from March 4, 1789, the day of the organization of the government and of the first meeting of the First Congress. Each volume after the eighth contains all matters in the nat- ure of legislation ordained or enacted by the Congress or Congresses in session, or by the Administration in power, during the periods covered by the volumes respectively – general or public statutes, private acts, treaties with the Indian tribes and with foreign nations, postal, consular and other conventions, public proclamations by the President and by the heads of departments, Executive orders, resolutions by the Senate and House, etc. The different volumes and legislative periods are subjoined. Compare Revised Statutes, Of the United States; Session, 2. Vol. 1. Congresses: I, II, III, IV, V. March 4, 1789 to March 4, 1799.Vol

Alternative Meaning

Congresses: VI, VII, VIII, IX, X, XI, XIII. Dec. 2, 1799 to March 4, 1813. Vol. 3. Congresses: XIII, XIV, XV, XVI, XVII. May 24, 1813 to March 4, 1823. Vol. 4. Congresses: XVIII, XIX, XX, XXI, XXII, XXIII. Dec. 1, 1823 to March 4, 1835. Vol. 5. Congresses: XXIV, XXV, XXVI, XXVII, XXVIII. Dec. 7, 1835 to March 4, 1845. Vol. 6. Private laws. March 4, 1789 to March 4, 1845. Vol. 7. Indian treaties. Sept. 17, 1778 to Oct. 11, 1842. Vol. 8. European treaties. Feb. 6, 1778 to Nov. 10, 1845. Vol. 9. Congresses: XXIX , XXX, XXXI. Dec. 1, 1845 to March 4, 1851. Vol. 10. Congresses: XXXII, XXXIII. Dec. 1, 1851 to March 4, 1855. Vol. 11. Congresses: XXXIV, XXXV. Dec. 3, 1853 to March 4, 1859. Vol. 12. Congresses: XXXVI, XXVII Dec. 5, 1859 to March 4, 1863. Vol. 13. Congress: XXXVIII. Dec. 7, 1863 to March 4, 1865. Vol. 14. Congress: XXXIX. Dec. 4, 1865 to March 4, 1867. Vol. 15. Congress: XL. March 4, 1867 to March 4, 1869. Vol. 16. Congress: XLI. March 4, 1869 to March 4, 1871. Vol. 17. Congress: XLII, March 4, 1871 to March 4, 1873. Vol. 18. Congress: XLIII. Dec. 1, 1873 to March 4, 1875. Vol. 19. Congress: XLIV. Dec. 6, 1875 to March 4, 1877. Vol. 20. Congress: XLV. Oct. 15, 1877 to March 4, 1879. Vol.21. Congress: XLVI. March 18, 1879 to March 4, 1881. Vol. 22. Congress: XLVII. Dec. 5, 1881 to March 4, 1883. Vol. 23. Congress: XLVIII Dec. 3, 1883 to March 4,1885. Vol. 24. Congress: XLIX. Dec. 7, 1885 to March 4, 1887. Vol. 25. Congress: L. Dec. 5, 1887 to March 4, 1889.

Resources

Notes and References

1. Meaning of Statute provided by the Anderson Dictionary of Law (1889)