Sources of law and the legislative process — SQE1 Legal system question
A worked single-best-answer question on sources of law and the legislative process, with why each wrong option is wrong — the way SQE1 traps candidates.
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?
- AYes, because every Act of Parliament comes into force at the beginning of the day on which it receives Royal Assent.
- BYes, because a provision automatically comes into force six months after Royal Assent if the minister has not made commencement regulations.
- CNo, because section 3 will not be in force until the Secretary of State makes regulations appointing a day for its commencement.
- DNo, because no Act of Parliament has legal effect until it has been published in the London Gazette.
- EYes, because a court may declare section 3 in force where the minister's delay in commencing it is unreasonable.
Show answer and reasoning
Rule: An Act comes into force on Royal Assent only if it makes no other provision; where commencement is left to ministerial order, provisions are not law until that order is made.
- A The Royal Assent default applies only where the Act makes no other provision for commencement, and this Act does. (right rule, wrong facts)
- B There is no general rule that uncommenced provisions come into force automatically after a set period. (wrong rule)
- D Publication in the London Gazette is not a condition of an Act's validity or commencement. (wrong rule)
- E The courts cannot bring a provision into force; at most they may hold that a minister has acted unlawfully in dealing with the commencement power. (wrong rule)
Source: Interpretation Act 1978, s 4; R v Secretary of State for the Home Department, ex p Fire Brigades Union [1995] 2 AC 513
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