Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation ) are two forms of law , created respectively by the legislative and executive branches of governments in representative democracies . Primary legislation generally consists of statutes, also known as ' acts ', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (often by order-in-council in parliamentary systems , or by regulatory agencies in presidential systems ), creating legally enforceable regulations and the procedures for implementing them.
55-556: The Equality Act (Sexual Orientation) Regulations 2007 was secondary legislation in the United Kingdom , outlawing discrimination in the provision of goods, facilities, services, education and public functions on the grounds of sexual orientation . In 2010, these Regulations were written into the Equality Act 2010 , meaning that they are no longer in force as a standalone piece of legislation. Provisions to outlaw discrimination on
110-562: A Government concession; the Labour MP Desmond Turner led a similar revolt in the Commons. However, it was by then too late to allow the new measures to be added substantively to the Bill. Instead, MPs and Peers agreed to delegate the drafting of regulations to a Government minister, which paved the way for a lengthy public consultation followed by months of Cabinet wrangling. The text of
165-504: A Jewish family, to Helena (née Freed; 1911–2004) and Rabbi Isaac Fabricant (1906–1989), rabbi of the Brighton and Hove Synagogue. Fabricant attended Brighton Secondary Technical School and Brighton, Hove and Sussex Grammar School. He studied economics at Loughborough University , receiving a Bachelor of Science degree. He went on to study at the University of Sussex , where he was awarded
220-418: A comment will contrive to do so whatever. They are professional offence takers." Fabricant deleted his original tweet just over two hours later. Fabricant was political adviser to the 1995 BBC drama series The Final Cut and made a cameo appearance in the broadcast. During Prime Minister's Question Time on 13 September 2017, the prime minister, Theresa May , said that Fabricant would be appearing on
275-457: A judgement given on 21 July 2010. Further to this, the House of Lords was still considering an exemption to the legislation that would let religious agencies abide by their belief-based proscriptions regarding the employment of active homosexuals. The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 were made on 8 November 2006 and laid before Parliament under paragraph 7(3) of
330-796: A majority of 6,236. He made his maiden speech on 2 July 1992. In Parliament, Fabricant joined the European Legislation Select Committee in 1992, and served on it until the 1997 general election. He joined the National Heritage Select Committee in 1993 and was a member of that committee until his appointment as the Parliamentary Private Secretary to the Financial Secretary to the Treasury Michael Jack in 1996. Prior to
385-532: A master's degree in operations research in 1974, and undertook research at the University of Oxford , University of London , and the University of Southern California in economics and econometrics . He was director and co-founder of an international broadcast manufacturing and management group for 11 years prior to his election to Parliament. Fabricant was the Conservative candidate in South Shields at
440-560: A month by the Cortes Generales . The secondary legislation is called a legislative decree ( Decreto legislativo ); it can only delegate on the government for a given topic, within a time limit and only once. Each member state of the European Union (EU) has its own laws, but EU law takes primacy in certain circumstances. The EU Treaties are the EU's primary legislation. These include
495-677: A political pact between UKIP and the Conservative Party, in exchange for an In/out EU referendum . Fabricant was sacked as vice-chairman of the Conservative Party in April 2014 after he tweeted "about time" with regard to Maria Miller 's resignation as cabinet minister. George Eaton of the New Statesman believed his sacking related to his threat to rebel over the HS2 rail development and
550-804: A power defined in Article 101 and Article 102 of the Treaty on the Functioning of the European Union . Privileged parties, such as Member States, EU institutions , and those with specific standing, may initiate litigation to challenge the validity of secondary legislation under the Treaties. Subsidiary legislation in Hong Kong is made with powers delegated by a law enacted by the Legislative Council of Hong Kong. In
605-419: A series of adjournment debates on government funding for inland waterways , and called for heavy goods freight to move off Britain's roads and back onto the restored canal network. At the 2010 general election , Fabricant was again re-elected, with an increased vote share of 54.4% and an increased majority of 17,683. In November 2012, Fabricant published a pamphlet entitled "The Pact", which called for
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#1732859163572660-550: A very long shift would tend to go back to the staff room and have a quiet drink". The remark was criticised by official bodies representing teachers and nurses, who said they did no such thing, and Fabricant said he had not intended to cause offence. Fabricant endorsed Penny Mordaunt during the July–September 2022 Conservative Party leadership election . He was knighted in Johnson's resignation honours . In March 2024, Fabricant
715-635: Is a Muslim, in a sex act with a pig. Some Labour MPs called for Fabricant's suspension and former Conservative Party chairman Sayeeda Warsi responded, describing Islamophobia in the Conservative party as "widespread". Fabricant said he had been distracted in a meeting when he sent it and did not spot what the image actually showed. In May 2021, Fabricant was accused by Hope not Hate of racism, after he tweeted that pro-Palestinian protesters in London were "primitives" that are "trying to bring to London what they do in
770-636: Is called " administrative law ", which derives primarily from the Administrative Procedure Act (APA) and decisions interpreting it. In addition to controlling "quasi-legislative" agency action, the APA also controls "quasi-judicial" actions in which an agency acts analogously to a court , rather than a legislature. [REDACTED] This article incorporates text published under the British Open ;Government Licence : Parliament of
825-533: Is called an authorizing statute or delegation of rulemaking authority . In the United States, a rule or regulation is a directive promulgated by an executive branch agency of the US federal government pursuant to authority delegated by an Act of Congress—often with the qualifier that it is a rule given "the force of law" by the authorizing statute. The body of law that governs agencies' exercise of rulemaking powers
880-700: Is not used in American English , due to the American dislike of the British constitutional concept of the fusion of powers as inherently incompatible with due process and the rule of law (one of the great divergences between American and British political philosophy which led to the American Revolution ). In contrast, the United States Constitution imposes a strict separation of powers . Therefore,
935-490: The 1987 general election , coming second with 25.7% of the vote behind the incumbent Labour MP David Clark . Fabricant was appointed the chairman of the Brighton Pavilion Conservative Association in 1990 and remained chairman until his election to the House of Commons . Fabricant was elected to Parliament at the 1992 general election as MP for Mid Staffordshire with 49.7% of the vote and
990-545: The 1997 general election , Fabricant's constituency of Mid Staffordshire was abolished, and replaced with Lichfield . At the election, Fabricant was elected as MP for Lichfield with 42.9% of the vote and a majority of 238. Following the Conservative defeat at the 1997 general election, Fabricant joined the Culture, Media and Sport Select Committee until moving to the Home Affairs Select Committee in 1999. At
1045-552: The 2001 general election , Fabricant was re-elected as MP for Lichfield with an increased vote share of 49.1% and an increased majority of 4,426. Fabricant rejoined the Culture, Media and Sport committee following the 2001 general election, and also at this time became the chairman of the Information Committee. He moved up to the opposition frontbench as a trade and industry spokesman under Michael Howard in 2003. Later in
1100-408: The 2019 general election , Fabricant was again re-elected with an increased vote share of 64.5% and an increased majority of 23,638. On 12 April 2022, Fabricant urged Boris Johnson to apologise after he was fined for a breach of Covid rules. Fabricant said: "I don't think at any time he thought he was breaking the law. I think that at the time he just thought like many teachers and nurses who after
1155-502: The Channel 4 series Celebrity First Dates . She asked: "What I'm not sure about is whether my honourable friend is the celebrity or the first date". Nearly two months later, at the beginning of November 2017, Fabricant came out as bisexual on the show. Fabricant lives in London and Lichfield. He co-owns a holiday home in Snowdonia with his partner Andy Street , the former Mayor of
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#17328591635721210-474: The National Health Service . Then Labour Party leader Jeremy Corbyn responded to Fabricant's illness by stating he hoped "the treatment he got is the same treatment everyone else got". Following criticism, Corbyn apologised for his remarks. Fabricant's blond hair has been the subject of speculation, with some people suggesting he wears a wig. He has stated his hair is a personal matter. Fabricant
1265-644: The Parliament of Canada and the legislatures of the provinces, and of Orders in Council made under the Royal Prerogative. Secondary legislation (also called regulation) includes laws made by federal or provincial Order in Council by virtue of an empowering statute previously made by the parliament or legislature. In civil law systems , a parliament issues primary legislation, with lesser bodies granted powers to issue delegated legislation. Action for judicial review of
1320-727: The President of the Republic (e.g., where implementing international treaty obligations do not require legislation). Delegation to government agencies is exceptional (e.g., when the need for regulation is technical and may change rapidly) and done with extra caution. In Spain the primary legislation is composed of laws and organic laws . Organic laws are those which expand upon constitutionally-delegated matters, for instance electoral law. The government can also create laws, called decree-law ( Decreto-Ley ), for urgent matters and are restricted on what they can do. Decree-laws must be approved within
1375-973: The Sexual Orientation Regulations in Northern Ireland . Mr Justice Weatherup rejected the CI's complaint, ruling that while a clause relating to harassment (a clause unique to the Northern Irish version of the Regulations) should be set aside, the remainder of the Regulations were to remain in force. Secondary legislation In Australian law , primary legislation includes acts of the Commonwealth Parliament and state or territory parliaments. Secondary legislation, formally called legislative instruments, are regulations made according to law by
1430-511: The United Kingdom , primary legislation can take a number of different forms: In the United Kingdom, secondary legislation (also referred to as delegated legislation or subordinate legislation ) is law made by an executive authority under powers delegated by an enactment of primary legislation, which grants the executive agency power to implement and administer the requirements of that primary legislation. Forms of secondary legislation in
1485-855: The legislative procedure , initiated by the Commission , and ultimately adopted by the Council and European Parliament acting in concert, which may also involve consultation with the European Economic and Social Committee and the European Committee of the Regions . Non-legislative acts include implementing and delegated acts , such as those adopted by the Commission in pursuance of policy, which may involve so-called comitology committees. The Commission may act quasi-judicially in matters of EU competition law,
1540-565: The Conservative Party for parliamentary campaigning, responsible for the Conservative Campaign Headquarters strategy on marginal seats at the 2015 general election , as well as UK parliamentary by-elections . In April 2014, he was dismissed from this position over comments he had made about his colleague Maria Miller 's resignation. Michael Louis David Fabricant was born on 12 June 1950 in Rottingdean , Brighton, into
1595-683: The House of Lords, Peers approved the regulations by a majority of 46, and the regulations came into force on 30 April 2007. Guidance on the regulations was also issued by the Department for Communities and Local Government. Archbishop Vincent Nichols of Birmingham declared his opposition to the regulations, saying that they contradicted the Catholic Church's moral values. He supported efforts to have Catholic adoption agencies exempted from sexual orientation regulations, which were ultimately unsuccessful in
1650-527: The Middle East". Fabricant subsequently deleted the tweet, stating that "attacks on the British police as shown in the video are disgraceful". The Conservative party was asked by The Guardian for comment but declined. In March 2022, Fabricant commented on social media that a proposed bill outlawing cyberflashing should include an exemption for dating apps. This was criticised by local councillor Joanne Grange. In May 2022 Fabricant commented in relation to
1705-718: The Schedule to the Northern Ireland Act 2000 since the Northern Ireland Assembly was suspended. The regulations came into force on 1 January 2007. Later in January 2007 there was an attempt to pass a motion to pray for an annulment of the regulations in the House of Lords . The resolution failed to pass by a margin of 199 to 68. In 2007, the Christian Institute (CI) and others sought a judicial review to overturn
Equality Act (Sexual Orientation) Regulations 2007 - Misplaced Pages Continue
1760-521: The United Kingdom . "Secondary Legislation" . Retrieved 31 October 2015 . Michael Fabricant Sir Michael Louis David Fabricant (born 12 June 1950) is a British politician. A member of the Conservative Party , he served as the Member of Parliament (MP) for Lichfield in Staffordshire, formerly Mid Staffordshire , from 1992 until his defeat in 2024 . Fabricant was the vice-chairman of
1815-548: The United Kingdom include only: The European Union (Withdrawal) Act 2018 defines EU tertiary legislation in retained EU law after Brexit to mean: but does not include any such provision or measure which is an EU directive[.] According to the explanatory notes accompanying the Act, this is meant to cover delegated and implementing acts that were not enacted via the European Union legislative procedure . The British English distinction between primary and secondary legislation
1870-506: The West Midlands. Fabricant, who in December 2021 described Street as his 'life partner', is bisexual . In 2015 Fabricant was diagnosed with skin cancer and prostate cancer , undergoing a prostatectomy as treatment for the latter. He spoke of his treatment for prostate cancer in the House of Commons the following year, highlighting the shortage of specialist prostate cancer nurses in
1925-531: The arrest of an anonymous Conservative MP for rape, tweeting: "I am expecting a strong turnout of Conservative MPs at PMQs today, not only to demonstrate their strong support for Boris ! BUT also to prove they are NOT the one told by the Chief Whip to stay at home. I'll be there!" The tweet was described by Labour Deputy Leader Angela Rayner as "grotesque". Fabricant said: "No-one is making light of rape or assault. Far from it. But those who want to read something into
1980-412: The beginning of the Republic. These activities take "legislative" and "judicial" forms, but they are exercises of—indeed, under our constitutional structure they must be exercises of—the "executive Power". In the United States, an Act of Congress at the federal level is the equivalent to the British concept of primary legislation. A statute that delegates authority to promulgate regulations to an agency
2035-847: The claim made against him of "inappropriate behaviour with a male journalist in a taxi". In the House of Commons , he sat on the Administration Committee and previously sat on the Committee of Selection, the Finance and Services Committee, the Liaison Committee (Commons), the Culture, Media and Sport Committee, the Home Affairs Committee and the National Heritage Committee. Fabricant attracted media attention for having an apartheid-era flag of South Africa on display on
2090-411: The executive or judiciary or other specified bodies which have the effect of law. Secondary legislation amounts to about half of Commonwealth law by volume. Although it is made by the executive, secondary legislation is still scrutinised by parliament and can be disallowed by a resolution of either house of parliament. In Canadian law , primary legislation (also called statute law) consists of acts of
2145-475: The former justice minister Jonathan Djanogly 's statement that UK law firms could lose £1.7 billion in earnings if the UK were to leave the European Union . In the 2016 EU Referendum campaign Fabricant said he would be voting to leave the EU. A staunch believer in free trade, he commented: "I think we are part of a global economy and that we will be far wealthier trading globally than the current situation". Fabricant
2200-476: The founding treaty, the 1957 Treaty of Rome , and all subsequent treaties, such as the Maastricht Treaty , Nice Treaty , and Lisbon Treaty . Secondary legislation is enacted under the Treaties, taking various forms and can be either legislative or non-legislative. The forms include binding regulations, directives, decisions, and non-binding recommendations and opinions: Legislative acts are enacted via
2255-527: The grounds of religion or belief were already enshrined in the primary Equality Act 2006. However, the Labour Party had not originally wanted to prohibit discrimination against gays and lesbians. The original Equality Bill, therefore, contained no clauses dealing with homophobic discrimination. The legislation was made under powers granted by the Equality Act 2006 . Sections 81 and 82 of the Equality Act gave
Equality Act (Sexual Orientation) Regulations 2007 - Misplaced Pages Continue
2310-408: The last 20 years. In August 2014, after Sayeeda Warsi resigned from David Cameron 's government over its policy towards Israel's Operation Protective Edge , Fabricant was criticised for a Twitter remark that appeared to suggest Gaza was a "Muslim issue". He subsequently clarified that he believed that Gaza was a humanitarian issue and that his comment about Warsi's "strong views on Muslim issues"
2365-454: The mantelpiece of his parliamentary office. He responded that he had several flags on display from countries where his former company had clients in the 1980s. Asked in 2018 if he regretted working for what was effectively an arm of the apartheid state in South Africa, he replied: "There is so much we can all regret with hindsight" and said he did not condone what was going on at the time. At
2420-641: The power to make regulations to the Secretary of State and the Office of the First Minister and Deputy First Minister of Northern Ireland , respectively. Regulations made under section 81 cover Great Britain (i.e., England and Wales and Scotland ) whereas regulations made under section 82 extend to Northern Ireland . As the Bill progressed through the House of Lords , amendments by the Lord Alli succeeded in forcing
2475-446: The proposed regulations was first laid before Parliament on 7 March 2007. Some faith-based adoption agencies had stated that they would need to close if they were not given an opt-out from having to place children with homosexual couples, as that would be against their religious beliefs. In a statement released from 10 Downing Street on 29 January 2007, Tony Blair said he had considered their objections carefully, but in his view there
2530-521: The regulations ( Desmond Swayne , James Duddridge , David Cameron , George Osborne , Crispin Blunt , Andrew Tyrie , Andrew Mackay , Nick Herbert , Hugo Swire , Francis Maude , Oliver Letwin , Patrick McLoughlin , Chris Grayling , Michael Gove , Andrew Mitchell , Alan Duncan , Michael Fabricant , Theresa Villiers , Graham Stuart , Andrew Lansley , Bill Wiggin , Peter Ainsworth , Robert Key , Tony Baldry , David Willetts , Nigel Evans , Jeremy Hunt , John Bercow and Eleanor Laing ). In
2585-490: The throat." Gloria De Piero , then Shadow Secretary of State for Women and Equalities , described the tweet as "utterly appalling" while a Conservative Party spokesman commented that the MP's comment was "completely unacceptable". Fabricant subsequently apologised, but Alibhai-Brown thought his apology was "useless". A few days later, Fabricant wrote that he was "still deeply embarrassed and ashamed" and his tweet "appeared to have undone" his socially liberal voting record over
2640-422: The validity of secondary legislation may be brought before a court—e.g., the constitutional court . For example in Finland, the practice is to delegate the making of secondary legislation ("decree", Finnish : asetus ) mainly to the Finnish Government (the cabinet) as a whole, to individual ministries (made by the minister; e.g., where the change of legal position of persons is limited and technical), or to
2695-518: The word legislation is used to refer only to acts of the legislative branch, and never the executive or the judicial branches. In a 2013 majority opinion of the US Supreme Court , Associate Justice Antonin Scalia explained: [Legislative power] is vested exclusively in Congress [and judicial power] in the "one supreme Court" and "such inferior Courts as the Congress may from time to time ordain and establish" ... Agencies make rules ... and conduct adjudications ... and have done so since
2750-467: The year he was moved to the post of spokesman on economic affairs . Fabricant was again re-elected at the 2005 general election , with a decreased vote share of 48.6% and an increased majority of 7,080. He became an opposition whip following the 2005 general election and remained in the position following the appointment of new leader David Cameron . In 2008, Fabricant founded Conservative Friends of America . Also in 2008, Fabricant took part in
2805-457: Was again re-elected at the snap 2017 general election with an increased vote share of 63.6% and an increased majority of 18,581. Fabricant wrote in The Guardian in November 2017 to rebut claims about him that had appeared on a Westminster dossier making assertions about the behaviour of Conservative MPs. He wrote that no one he had contacted, including lobby journalists and a former chief whip with an "elephantine memory", had previously heard
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#17328591635722860-478: Was more general. In May 2018, Fabricant called a teenage constituent a 'complete twat' on Twitter after she had questioned his commitment to working in part of the constituency. Fabricant criticised the constituent for not being clearer in detailing who she was and stated that he thought the post came from a 'Russian troll'. In July 2018, Fabricant was accused of being Islamophobic over a subsequently-deleted tweet he shared depicting London mayor Sadiq Khan , who
2915-423: Was necessary to deter other potential Conservative rebels on the same issue. He opposes HS2 on the grounds of its financial and environmental cost. At the 2015 general election , Fabricant was again re-elected, with an increased vote share of 55.2% and an increased majority of 18,189. In a 2016 debate, Fabricant yelled "bollocks" over a discussion of the impacts of Brexit . He was expressing disagreement with
2970-623: Was no place for discrimination. However, for existing adoption agencies there would be a transitional period, before the regulations come fully into force at the end of 2008. In the House of Commons , the regulations were adopted by 309 votes to 99. The votes against came mostly Conservatives , plus ten Labour Members ( Joe Benton , Tom Clarke , Frank Cook , Jim Dobbin , David Drew , Peter Kilfoyle , Jim McGovern , Alan Meale , Geraldine Smith , and David Taylor ), together with four Liberal Democrats ( Alan Beith , Colin Breed , Tim Farron , and Bob Russell ). Twenty-nine Conservatives voted for
3025-435: Was re-selected as the Conservative candidate for Lichfield at the 2024 general election , in which he lost his seat. In June 2014, Fabricant came under criticism when, following an exchange between Yasmin Alibhai-Brown and Rod Liddle on Channel 4 News the evening before, he tweeted that he "could never appear" on a discussion programme with her, as he "would either end up with a brain haemorrhage or by punching her in
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