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Trade Descriptions Act 1968

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38-550: The Trade Descriptions Act 1968 (c. 29) is an act of the Parliament of the United Kingdom which prevents manufacturers , retailers or service industry providers from misleading consumers as to what they are spending their money on. This law empowers the judiciary to punish companies or individuals who make false claims about the products or services that they sell. Applying a false trade description to goods

76-511: A white paper , which is a clear statement of intent. It is increasingly common for a small number of Government bills to be published in draft before they are presented in Parliament. These bills are then considered either by the relevant select committee of the House of Commons or by an ad hoc joint committee of both Houses. This provides an opportunity for the committee to express a view on

114-492: A few, if any, are passed each year. Parliamentary authorities maintain a list of all private bills before parliament . Hybrid bills combine elements of both public and private bill. While they propose to make changes to the general law, they also contain provisions applying to specific individuals or bodies. Recent examples are the Crossrail Bill, a hybrid bill to build a railway across London from west to east , and

152-510: A general change in the law. The only difference from other public bills is that they are brought forward by a private member (a backbencher) rather than by the government. Twenty private members' bills per session are allowed to be introduced, with the sponsoring private members selected by a ballot of the whole house, and additional bills may be introduced under the Ten Minute Rule . Financial bills raise revenue and authorise how money

190-572: A minimum consultation period of twelve weeks. Consultation documents are widely circulated (see for example the Home Office consultation on extreme pornography and the Scottish Government 's consultation on food policy ). The character of the consultation is shaped by the government's determination to press forward with a particular set of proposals. A government may publish a green paper outlining various legislative options or

228-541: A period of consultation will take place before a bill is drafted. Within government, the Treasury and other departments with an interest will be consulted along with the devolved administrations in Scotland, Wales and Northern Ireland. Outside government, interested parties such as trade unions , industry bodies and pressure groups will be asked for their views on any proposals. The Cabinet Office Code of Practice specifies

266-409: A process of consultation, the sponsoring department will send drafting instructions to parliamentary counsel, expert lawyers working for the government responsible for writing legislation. These instructions will describe what the bill should do but not the detail of how this is achieved. The Parliamentary counsel must draft the legislation clearly to minimise the possibility of legal challenge and to fit

304-469: A specifically named locality or legal person in a manner different from all others. Private bills are "usually promoted by organisations, like local authorities or private companies, to give themselves powers beyond, or in conflict with, the general law. Private bills only change the law as it applies to specific individuals or organisations, rather than the general public. Groups or individuals potentially affected by these changes can petition Parliament against

342-418: A sub-category of private acts, which confer specific rights or duties on a named individual or individuals, for example allowing two persons to marry even though they are within a "prohibited degree of consanguinity or affinity" such as stepfather and stepdaughter. Private bills, common in the 19th century, are now rare, as new planning legislation introduced in the 1960s removed the need for many of them. Only

380-511: Is a strict liability offence: provided it is shown that the description was applied and was false, the accused has to prove certain defences in order to escape conviction. False descriptions as to services require the more normal proof of mens rea (guilty intent). The act excludes matters relating to land and buildings, which were dealt with under the provisions of the Property Misdescriptions Act 1991 . The act

418-436: Is designed to keep the business of government and public affairs up to date. These bills may not be substantial or controversial in party political terms. Two sub-classes of the housekeeping bill are consolidation bills , which set out existing law in a clearer and more up-to-date form without changing its substance; and the tax law rewrite bills , which do the same for tax law. An Act of Parliament will often confer power on

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456-584: Is explicitly listed under the provisions of the Wales Act 2017. Any matter not explicitly listed in the Act is implicitly devolved to the Senedd . Before 2017, a list of matters was explicitly devolved to the then known National Assembly for Wales and any matter not listed in the Act was implicitly reserved to Westminster. The devolution schemes in Scotland and Wales are set up in a similar manner. The Parliament of

494-820: Is spent. The best-known such bills are the normally annual Finance Bills introduced by the Chancellor of the Exchequer in the Budget . This usually encompasses all the changes to be made to tax law for the year. Its formal description is "a Bill to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance". Consolidated Fund and Appropriation Bills authorise government spending. This type of bill

532-507: The 1976 Aircraft and Shipbuilding Industries Bill , which was a particularly controversial bill that was ruled to be a hybrid bill, forcing the government to withdraw some of its provisions to allow its passage as a public bill. Once passed, hybrid bills are printed as part of the public general acts. Parliamentary authorities maintain a list of all hybrid bills before parliament . It is important not to confuse private bills with private members' bills, which are public bills intended to effect

570-621: The King in Council , a minister , or another public body to create delegated legislation, usually by means of a statutory instrument . Bills may start their passage in either the House of Commons or House of Lords , although bills which are mainly or entirely financial will start in the Commons. Each bill passes through the following stages: Although not strictly part of the legislative process,

608-463: The Parliament of Northern Ireland could not make laws in the following main areas: This was the first practical example of devolution in the United Kingdom and followed three unsuccessful attempts to provide home rule for the whole island of Ireland : Irish unionists initially opposed home rule, but later accepted it for Northern Ireland , where they formed a majority. (The rest of

646-652: The United Kingdom is primary legislation passed by the UK Parliament in Westminster , London . An Act of Parliament can be enforced in all four of the UK constituent countries ( England , Scotland , Wales and Northern Ireland ). As a result of devolution the majority of acts that are passed by Parliament increasingly only apply either to England and Wales only, or England only. Generally acts only relating to constitutional and reserved matters now apply to

684-514: The United Kingdom , devolved matters are the areas of public policy where the Parliament of the United Kingdom has devolved its legislative power to the national legislatures of Scotland , Wales and Northern Ireland , while reserved matters and excepted matters are the areas where the UK Parliament retains exclusive power to legislate. The devolved administrations in Scotland, Wales and Northern Ireland have been granted power by

722-641: The United Kingdom , or its constituent jurisdictions, article is a stub . You can help Misplaced Pages by expanding it . Act of Parliament (UK) King Charles III [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee An Act of Parliament in

760-727: The single legal jurisdiction of England and Wales are reserved, including courts, tribunals , judges, civil and criminal legal proceedings, pardons for criminal offences, private international law, and judicial review of administrative action. An exception in Wales allows the Senedd to create Wales-specific tribunals that are not concerned with reserved matters. Specific reservations cover policy areas which can only be regulated by Westminster, listed under 'heads': The reserved matters continue to be controversial in some quarters and there are certain conflicts or anomalies. For example, in Scotland,

798-643: The Lords. They will check the following: After this process, the bill is then ready for introduction. Reserved and excepted matters [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee In

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836-417: The Parliament under their respective legislators in all areas except those which are reserved (or excepted in the case of Northern Ireland). Because the Parliament acts with sovereign supremacy , it is still able to pass legislation for all parts of the United Kingdom, including in relation to devolved matters. The devolution of powers are set out in three main acts legislated by the UK Parliament for each of

874-566: The Scottish Parliament or Senedd to legislate (its "legislative competence") on a matter is largely determined by whether it is reserved or not. Reserved matters are subdivided into two categories: General reservations and specific reservations. General reservations cover major issues which are always handled centrally by the Parliament in Westminster: Additionally, in Wales, all matters concerning

912-746: The United Kingdom has granted legislative power to the Scottish Parliament and the Senedd through the Scotland Act 1998 and the Government of Wales Act 2006 respectively. These Acts set out the matters still dealt with by the UK Government, referred to as reserved matters . Anything not listed as a specific reserved matter in the Scotland Act or the Wales Act is devolved to that nation. The UK Parliament can still choose to legislate over devolved areas. The legal ability of

950-586: The bill and propose amendments before it is introduced. Draft bills allow more lengthy scrutiny of potential legislation and have been seen as a response to time pressures which may result in the use of programme orders to impose a strict timetable on the passage of bills and what is known as 'drafting on the hoof', where the government introduces amendments to its own bills. With increased time for scrutiny backed up with considered evidence, draft bills may present governments with difficulty in getting their way. The sponsoring government department will then write to

988-524: The bill in with existing UK, European Union and delegated legislation. A finished bill must be approved or scrutinised by the sponsoring department and minister, parliamentary counsel and LP. The final stage is the submission of the bill to the authorities of the House in which it is to start its legislative journey. In the Commons, this is the Clerk of Legislation and the Public Bill Office in

1026-524: The devolved governments in Scotland, Wales and Northern Ireland. The acts also include subsequent amendments, which devolved further powers to the administrations: In Northern Ireland , the powers of the Northern Ireland Assembly do not cover reserved matters or excepted matters . In theory, reserved matters could be devolved at a later date, but excepted matters were not supposed to be considered for further devolution. In practice,

1064-474: The difference is minor as Parliament is responsible for all the powers on both lists and must give its consent to devolve them. In Scotland , a list of reserved matters is explicitly listed in the Scotland Act 1998 (and amended by the Scotland Acts of 2012 and 2016). Any matter not explicitly listed in the Act is implicitly devolved to the Scottish Parliament . In Wales , a list of reserved matters

1102-685: The following fields to be transferred to the National Assembly for Wales : The Government of Wales Act 2006 updated the list of fields, as follows: Schedule 5 to the 2006 Act could be amended to add specific matters to the broad subject fields, thereby extending the legislative competence of the Assembly. Devolution in Northern Ireland was originally provided for in the Government of Ireland Act 1920 , which stated that

1140-490: The funding of Scottish Gaelic television is controlled by the Scottish Government, but broadcasting is a reserved matter, and while energy is a reserved matter, planning permission for power stations is devolved. Prior to the passage of the Wales Act 2017, issues were only devolved if outlined in the Government of Wales Act 1998 or the Government of Wales Act 2006 . The Government of Wales Act 1998 lists

1178-732: The island became independent as what is now the Republic of Ireland .) The Parliament of Northern Ireland was suspended on 30 March 1972 by the Northern Ireland (Temporary Provisions) Act 1972 , with Stormont's legislative powers being transferred to the Queen in Council . The Parliament of Northern Ireland was abolished outright by the Northern Ireland Constitution Act 1973 ; legislative competence

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1216-440: The largest category of legislation, in principle affecting the public general law applying to everyone across the entire United Kingdom, or at least to one or more of its constituent countries of England , Northern Ireland , Scotland , or Wales . Most public general acts proceed through Parliament as a public bill. Occasionally a bill is treated as hybrid . Private acts are either local or personal in their effect, applying to

1254-777: The proposed bill and present their objections to committees of MPs and Lords." They include acts to confer powers on certain local authorities, a recent example being the Canterbury City Council Bill, which makes provisions relating to street trading and consumer protection in the city. Private bills can also affect certain companies: the Northern Bank Bill allowed the statutory right of Northern Bank to issue bank notes to be transferred to Danske Bank which had acquired it. Other private bills may affect particular companies established by Act of Parliament such as TSB Bank and Transas. Personal acts are

1292-487: The relevant policy committee of the Cabinet. The proposals are only discussed at a meeting if disagreements arise. Even an uncontroversial proposal may face administrative hurdles. A potential change in the law may have to wait for a more extensive bill in that policy area to be brought forward before it is worthwhile devoting parliamentary time to it. The proposal will then be bundled together with more substantive measures in

1330-489: The same Bill. The Ministerial Committee on the Legislative Programme (LP), including the leaders and government chief whips in both houses, is responsible for the timetable of legislation. This committee decides which house a bill will start in, recommends to the Cabinet which proposals will be in the King's Speech , which will be published in draft and how much parliamentary time will be required. Following

1368-410: The whole of the United Kingdom . A draft piece of legislation is called a bill . When this is passed by Parliament and given royal assent , it becomes an act and part of statute law . Acts of Parliament are classified as either "public general acts" or "local and personal acts" (also known as "private acts"). Bills are also classified as "public", "private", or "hybrid". Public general acts form

1406-474: Was conferred instead on the Northern Ireland Assembly . The 1973 Act set out a list of excepted matters (sch. 2) and "minimum" reserved matters (sch. 3). The new constitutional arrangements quickly failed, and the Assembly was suspended on 29 May 1974, having only passed two Measures. The Assembly was dissolved under the Northern Ireland Act 1974 , which transferred its law-making power to

1444-855: Was in conflict with the EU Unfair Commercial Practices Directive , which has been adopted in the UK and was implemented from April 2008. Although technically the act itself remains in force, most of its specific provisions were repealed and superseded by the Consumer Protection from Unfair Trading Regulations 2008 which came into force 26 May 2008, missing the EU deadline for implementation by 12 June 2007. The repeals and revocations for TDA 1968 are sections 1(1), 5 to 10, 13 to 15, 19(4)(b) and (c), 21(1) and (2), 22, 24(3), 32, 37, and 39(2). This legislation in

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