This document discusses the process of creating legislation in the UK. It explains that primary legislation, like Acts of Parliament, must pass through several readings and votes in both the House of Commons and House of Lords. Secondary legislation is created through delegated powers from Acts of Parliament and includes statutory instruments. Delegated legislation allows flexibility and expertise from departments, and helps implement details of laws. New laws and changes are communicated to ships through Merchant Shipping Notices, Marine Guidance Notes, and Marine Information Notes.

1. 1
Learning Outcome 1
Marine Law
Lesson 7
HNC Nautical Science
Marine Law & Management
Recap
Explain the purpose of UNCLOS
State definitions from UNCLOS
Explain the duties of the Flag State under
UNCLOS
Aim
• To introduce English legislation to the students

2. 2
Objectives
By the end of the session the student will be
able to:
• Describe the process undertaken to create
legislation
• Explain the relationship between primary
and secondary legislation
• Outline the advantages of delegated
legislation
• Explain how legislative information is
promulgated to ships
Creating Legislation
Primary legislation: Government Bill
• Acts of Parliament
– 3 readings in the House of Commons
– 3 readings in the House of Lords
This seems simple here but is an incredibly lengthy process
Parliament Website
A Government Bill will pass through
the following stages:
House of Commons
• First Reading, the bill is formally presented with it's raison
d'être being stated, and printed copies are made
available, there is no debate at this stage.
• Second Reading, the general principles only are debated
at this stage.
• Committee Stage, now each clause is debated in detail by
either a "select" or "standing" committee of the House.
• Report Stage, here the House is informed of the various
changes which have been made by the committee.
• Third Reading, at this stage verbal amendments only are
allowed, and then the bill is passed to the other House for
consideration.

3. 3
A Government Bill will pass through
the following stages:
House of Lords
• The same procedure is repeated
• The Royal Ascent, immediately this ascent is
given the Bill becomes an Act of Parliament
and becomes part of the law of the realm.
Passage of a Bill – House of Commons
1st Reading
2nd
Reading
Committee
Stage
Report
Stage
Third
Reading
Then to the House of Lords
1st Reading
2nd
Reading
Committee
Stage
Report
Stage
Third
Reading

4. 4
‘Ping-Pong’
• Both Houses must agree on the exact wording of a Bill
before it can become an Act of Parliament (law).
• If the Commons makes amendments (suggested
changes) to the Bill, the Lords must consider them and
either agree or disagree to the amendments or make
alternative proposals.
• If the Commons disagrees with any Lords amendments,
or makes alternative proposals, then the Bill is sent
back to the Lords.
• A Bill may go back and forth between each House
('Ping Pong') until both Houses reach agreement.
Royal Assent
• When a Bill has completed all its stages in both
Houses, it must have Royal Assent before it can
become an Act of Parliament (law).
• Royal Assent is the Monarch's agreement to make
the Bill into an Act and is a formality.
• When Royal Assent has been given, the
announcement is usually made in both Houses -
at a suitable break in each House’s proceedings -
by the Lord Speaker in the Lords and the Speaker
in the Commons.
Acts of Parliament
(primary
legislation)
Statutory
Instrument
(secondary
legislation)
Codes of Practice M Notices
MSN
MGN
MIN

5. 5
Delegated Legislation
Created under the authority of the
Secretary of State
• Passed through negative resolution procedure (made law
unless there is an objection from the house)
or
• Passed through affirmative resolution procedure (can only
become law on approval from both houses)
Parliamentary SI fact sheet
Statutory Instruments (SI)
Delegated Legislation
• Modern statutes may require much detailed work to
implement and operate. Usually the Act is drafted to
provide only a broad framework with Ministers being
left to fill in the detail by means of delegated
legislation.
• These regulations when made in the approved
manner are just as much law as the parent statute
itself. This form of law is known as delegated or
subordinate legislation.
Advantages of Delegated Legislative
Power
(a) Lack of Parliamentary time
Parliament cannot give all of its time to
legislation, and even if it could, it still would
not be sufficient to pass all the necessary Acts
in their full detail.
(b) Urgency
Parliament is not always in session, and in any
case it's procedure is of necessity slow. Some
legislation just cannot wait.

6. 6
Advantages of Delegated Legislative
Power
(c) Necessity for future provision
Parliament cannot foresee all the conditions and
circumstances which might arise out of a
measure which is being considered. Therefore it
is advisable to provide some practical manner of
making further administrative arrangements to
deal with matters. Hence it is necessary to give
an administrative authority power to deal with
the situation as it develops, by means of "Rules &
Regulations".
Advantages of Delegated Legislative
Power
d) Elasticity
Subordinate legislation is much more elastic
than is an Act of Parliament.
For instance if a Regulation proves to be
impractical, or it has other flaws, it may be
withdrawn at very short notice.
(e) Limited aptitude of the Legislature
Experts in Departments of State can better
advise a minister on the technicalities of a
certain branch of law. It would be difficult to
give this advise to the Lords or Commons as a
whole.
Autonomous Legislation
Created by corporations or organisations
who are granted powers by parliament
• By-Laws
• Competent Harbour Authorities have the
power to make byelaws

7. 7
Promulgation of Information to Ships
How do seafarers find out about new laws or
changes to the law?
There are three methods:
• MSN
• MGN
• MIN
Merchant Shipping Notices (MSN)
• Merchant Shipping Notices are used to convey
mandatory information that must be complied
with under UK legislation.
• These MSNs relate to Statutory Instruments
and contain the technical detail of such
regulations.
• Guidance & Regulations - Merchant Shipping
Notices
Marine Guidance Notes (MGN)
• Marine Guidance Notes give significant advice
and guidance relating to the improvement of
the safety of shipping and of life at sea, and to
prevent or minimise pollution from shipping.
Guidance & Regulations - Marine Guidance
Notes

8. 8
Marine Information Notes (MIN)
• Marine Information Notes are intended for a
more limited audience e.g. training
establishments or equipment manufacturers,
• Contain information which will only be of use for
a short period of time, such as timetables for
MCA examinations.
• MINs are numbered in sequence and have a
cancellation date (which will typically be no more
than twelve months after publication).
Guidance & Regulations - Marine Information Notes
How do you know if it applies to you?
Within each series of Marine Notices suffixes are
used to indicate whether documents relate to
merchant ships or fishing vessels, or to both. The
suffixes following the number are: exemplary
• (M) for merchant ships
• (F) for fishing vessels
• (M+F) for both merchant ships and fishing vessels
e.g. Notice MSN 3456 (M+F) would apply to all
UK vessels .
Codes of Practice
Some clarify complex legislation (Easier for
seafarers to understand and apply)
- Code of Safe Working Practice
Some are law
- IBG code
- BC code
Some are recommendations
- Bridge Procedures Guide
Recommendations are still taken as a minimum
standard in court.

9. 9
Can you?
• Describe the process undertaken to create
legislation
• Explain the relationship between primary
and secondary legislation
• Outline the advantages of delegated
legislation
• Explain how legislative information is
promulgated to ships
Next Lesson
Safety