Legal System of England and Wales — SQE1 practice questions

The Tenant Deposits (Reform) Act received Royal Assent eight months ago. Section 1 of the Act provides that sections 2 to 6 'shall come into force on such day as the Secretary of State may by regulations appoint'. No commencement regulations have yet been made. Bronwen, a tenant whose landlord has refused to return her deposit, wishes to rely on the new statutory penalty created by section 3. She argues that, because the Act has received Royal Assent, it is now part of the law of England and Wales.

Which of the following best describes whether Bronwen can rely on section 3?

1. AYes, because every Act of Parliament comes into force at the beginning of the day on which it receives Royal Assent.
2. BYes, because a provision automatically comes into force six months after Royal Assent if the minister has not made commencement regulations.
3. CNo, because section 3 will not be in force until the Secretary of State makes regulations appointing a day for its commencement.
4. DNo, because no Act of Parliament has legal effect until it has been published in the London Gazette.
5. EYes, because a court may declare section 3 in force where the minister's delay in commencing it is unreasonable.

The Licensing of Street Traders Act empowers the Secretary of State to make regulations 'setting the fees payable for a street trading licence'. The Secretary of State makes a statutory instrument which sets the fee and also creates a new criminal offence of trading within 50 metres of a school. The instrument was laid before Parliament and was not annulled. Kemal, a street trader prosecuted under the new offence, believes the Secretary of State had no power to create it.

Which of the following best describes the legal position?

1. AKemal may argue that the provision creating the offence is ultra vires the parent Act and therefore invalid.
2. BKemal cannot challenge the offence because the instrument was laid before Parliament and was not annulled.
3. CKemal cannot challenge the offence because the courts may not question the validity of any legislation.
4. DKemal's only remedy is to ask his MP to raise the matter with the Joint Committee on Statutory Instruments.
5. EKemal may challenge the offence, but only by seeking a declaration of incompatibility under the Human Rights Act 1998.

In a High Court claim, counsel for Ormsby Ltd argues that, under a common law rule, his client is entitled to enforce a strict legal right against Delia. Counsel for Delia accepts that the common law rule is as stated but argues that a well-established equitable doctrine prevents Ormsby from insisting on that right in the circumstances. The judge is satisfied that both the common law rule and the equitable doctrine apply to the facts and that they lead to opposite results.

Which rule should the judge apply?

1. AThe common law rule, because equity is a gloss on the common law and cannot override it.
2. BWhichever rule was first established in the case law, because the earlier authority binds later courts.
3. CThe common law rule, because equitable doctrines can only be applied in the Chancery Division.
4. DNeither rule, because the conflict must be referred to the Court of Appeal for resolution.
5. EThe equitable doctrine, because where there is a conflict between the rules of equity and the common law, equity prevails.