Sources of UK Law.

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Anthea Carlisle                OHS Legal System Coursework – cohort 6                

Sources of UK Law

By

Anthea Carlisle

(Health and Safety Advisor)

There are two main types of law. Criminal law that controls public order and determines how those who disrupt it should be dealt with. These ‘offences’ can range from serious to minor offences. They are dealt with in criminal courts. Civil law can be seen as all law that is not criminal, and is also known as private law. Some of the main branches of civil law are land law, family law, company law and torts.

In the United Kingdom the highest tier of law has for centuries been the statutes or acts issued by parliament. But since the United Kingdom accepted the Treaty of Rome and entered the European community, and the consequences of this decision were spelled out by Parliament in the European Communities Act 1972, there is a higher tier of law, that of the European Community Law, which take precedence over United Kingdom Law1.

There are various different sources of law. The term ‘source’ can mean a number of things, there are formal sources of law – where the law derives its binding source from i.e. why it is called that name e.g. business law.  The main source of UK law is from legislation i.e. from UK or Scottish parliament, but one third of UK legislation comes from Europe. There are also other common law sources.

The EC Treaties are the primary legislation and these then give rise to secondary legislation in the form of Regulations, directives and Decisions. Regulations and Decisions are ‘directly applicable’ in member states of the EC; they have the force of law without the need of any further national legislation. Regulations are binding in their entirety on all member states, while Decisions are binding only on those states, corporations or individuals to whom they are addressed. Directives (which are usually Health and Safety Law) are not directly binding. A directive may set a time limit for the implementation of its provisions. A person who suffers loss as a result of their government’s failure to change national law within the specified time can sue the government to recover compensation for losses suffered.

However, public utilities such as ourselves, can be subject to legal action brought by a party using a directive even though it has not been passed as law. As a public utility, we are seen as an emanation of the state. To qualify as an emanation of the state the entity should provide a public service, should be under the control of the state, and should have powers in excess of those which result from the normal rules applicable in relations between individuals: Foster v British Gas Corp. 1991. Thus the European Health and Safety directives may be directly enforced by employees against state employers2.

The structure of UK Health and Safety Law has two main branches. The criminal law, set out in statutes and known as statute law (or legislation), and common law (civil law), which produces a means of compensation for injuries or damage suffered because of a failure of another party to comply with the duties established by common law over the years3.

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Statutory duties are comprised in Acts passed by Parliament (e.g. Health and Safety at Work etc Act 1974) or regulations which are made by government ministers using powers given to them by virtue of Acts. The Act of Parliament is therefore the primary legislation; regulations made under Acts are secondary, subordinate delegated legislation. Delegated legislation relates to situations where the right to legislate has been delegated to another party. Parliament delegate’s power by an enabling Act which enables government ministers or local authorities to create regulations (statutory instruments) or byelaws. In terms of Health and Safety Law the Statutory Instruments ...

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