Talk:Sexual Offences (Amendment) Act 2000

Parliament act

 * This fact became significant in the wake of passage of the Hunting Act 2004 which was also passed using the Parliament Acts. The passage of that Act was challenged in Court on the basis that the Parliament Act 1949 itself had been unlawfully passed. If true, then the Sexual Offences (Amendment) Act 2000 would also be invalid, however this point would be moot since the provisions had been consolidated in legislation not passed under the Parliament Acts. The challenge to the Hunting Act was ultimately unsuccessful.

I had removed the above statement because I thought it wrong. On further consideration it's not wrong but it'll be helpful if clarified. Looking at the PA 1949 subarticle, it appears it just extended the length the bill could be delayed. From what I can tell, even with out the 2003 bill, the length of time since the bill was introduced would mean it probably could have been passed under the older 1911. On the other hand, if 1949 was invalid, this wouldn't matter since the bill had passed under 1949 so any laws passed under it would still be invalid even if they could have been passed under 1911 Nil Einne 18:01, 4 December 2006 (UTC)


 * I am the author of the relevant section. You are essentially correct - the Sexual Offences (Amendment) Act 2000 was passed using the Parliament Acts under the assumption that the 1949 Act was valid, and hence was only passed just under two years after the initial passage. If the 1949 Act was invalid, then the paperwork done by the Speaker to pass the Act would also be invalid (since it would have been done at a time the 1911 Act would not have allowed). For passage to be attained solely under the 1911 Act then the Commons would have to pass the Bill during the 2001 Parliament and then have the Speaker do that paperwork, something which obviously never happened.


 * Thus, if we lose the 1949 Act, we lose this Act, however, we are rescued by the fact that most of its provisions continue in other laws. --New Progressive 17:09, 5 December 2006 (UTC)