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Difference Between Laws, Regulations, Acts, Guidance & Policies
September 17, 2024
15 minutes
88510 Viewers
Summary:
You have heard of laws, regulations, acts, guidance and policies. The terminologies imply almost the same meaning. So, you may need clarification regarding their actual purposes. Even though they are synonymous, each has a different definition and application. However, they are contingent upon each other when you apply them to or comply with them in the real world! Let us take a comprehensive look at each of them and understand the ins and outs of laws, regulations, acts, guidance and policies.
Laws
What is a Law?
A law is a rule or set of rules established by a governing authority, such as a government, to regulate behavior and maintain order within a society. These rules are typically written and enforced by the state, with consequences for those who violate them. Laws provide a framework for a peaceful society by defining acceptable conduct and establishing mechanisms for resolving disputes.
Laws are enforceable rules created by governing bodies to regulate behavior, maintain fairness, and ensure justice. Unlike policies or guidelines, laws carry legal binding power and are enforced through courts, police, and other authorized agencies. Laws can be made through legislation, like Acts of Parliament, or through judicial decisions, known as common law.
For example, traffic laws regulate road behavior, contract law governs agreements between parties, and constitutional laws protect fundamental rights.
UK Employment Law
This course starts by explaining the employment laws of the UK, before moving onto the latest information about Employment laws, rights of the employees and the duties of the employers.
UK Nationality Law
UK nationality law sets out the requirements for a person to be recognised as a British national. The law is primarily governed by the British Nationality Act 1981, which defines who qualifies as a British citizen and other categories of British nationality. Due to the UK’s colonial history, there are six classes of British nationality, each with different rights. However, British citizenship is the main category, associated with the United Kingdom and Crown dependencies.
British nationality law outlines how citizenship can be acquired, including birth, descent, naturalisation, and registration. Foreign nationals who meet residency requirements—usually five years—and other criteria can apply to naturalise as British citizens.
UK Commercial Law
Commercial law in the UK governs business transactions and the rights and duties arising from the sale and purchase of goods and services. It covers key areas such as contract law, consumer protection, competition law, corporate law, intellectual property, financial law, employment law, and international trade law.
For example, contract law governs agreements between businesses and individuals, while consumer protection laws shield customers from unfair practices. Businesses also rely on competition law to ensure a fair market and intellectual property law to protect trademarks and patents.
Breaking a Law: Consequences
In England, 10 is the legal age of criminal responsibility. Children under ten who break the law may be subject to a Wardship, Child Safety Order, or Local Child Curfew. In addition, children and young people (10-17) may need to appear in a youth court.
If you are under 18, you could receive a prison term longer than the typical two-year maximum for violent offences. The minimum punishment for adults is 15 years, while the minimum period for minors under 18 is 12 years.
Policies
What is a policy?
A policy is a set of rules for behaviour that a company, person, or organisation adopts or suggests. You may use specific laws to enforce the course of action outlined in a policy. Also, you can enact new laws to carry out a policy. Furthermore, authorities may adopt a policy to carry out their legal obligations.
Examples of Policies
Government departments (i.e. the Department for Environment, Food and Rural Affairs) typically adopt policies to accomplish their goals. By visiting the UK Government website, you can access documentation on governmental policies. Here are two examples of policies in the UK.
Wildlife and Countryside Act 1981
The policy that safeguards fauna, flora, and specific ecosystems are the Wildlife and Countryside Act 1981. The Bern Convention and the Birds Directive are implemented by consolidating and amending current national law. Additionally, this Act enables the identification and protection of Sites of Special Scientific Interest (SSSIs), which are noted for their unique flora, fauna, and geological or physiographic characteristics.
Climate Change Act 2008
Based on recommendations from the Committee on Climate Change report: Building a Low-Carbon Economy, the UK Climate Chang
- Climate Change Act 2008 pledges the UK to reduce emissions by at least 80% from 1990 levels in 2050. The UK is a party to obligations made under the United Nations Framework Convention on Climate Change.
Breaking Policies: Consequences
Policies are in place for the greater good of people. Every organisation following the appropriate policies contributes to the welfare of the general people in the UK. However, breaking policies will create disturbances in society and the environment.
Authorities might confront organisations about breaking governmental policies and punish them accordingly. On the other hand, if you violate a policy in your office or business, you’ll be held responsible for the Act. Depending on the policy you break, you may face suspension or permanent termination from your job.
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Difference Between Policy and Law
| Aspect | Policy | Law |
|---|---|---|
| Definition | A set of guidelines or principles created by organizations or governments to guide decision-making. | A system of rules established by a governing authority, enforceable by legal means. |
| Purpose | To provide a framework for consistent decision-making and achieving specific goals. | To regulate behavior, maintain order, and ensure justice within a society. |
| Enforceability | Not legally binding but can influence behavior within an organization or institution. | Legally binding and enforceable by courts or law enforcement agencies. |
| Flexibility | Can be adapted or revised based on changing circumstances or priorities. | Typically rigid and requires a formal legislative process to amend. |
| Examples | Workplace harassment policy, environmental sustainability policy. | Equality Act 2010, Health and Safety at Work Act 1974. |
Policies and Their Importance
Policies are strategic plans adopted by organizations to guide decision-making and ensure compliance with legal requirements. For example, a workplace harassment policy reflects the organization’s commitment to upholding laws such as the Equality Act.
Acts
What is an Act?
An Act is a Bill. The House of Commons and the House of Lords approve an act. In addition, the Monarch grants it his Royal Assent. The following are some examples of Acts in the UK.
The Slave Trade Act 1807
Once passed, the Slave Trade Act had an immediate impact. The Royal Navy, the dominant maritime force at the time, patrolled West Africa’s coast. It released 150,000 captured slaves between 1808 and 1860. Slavery was eventually outlawed across the British Empire in 1833.
The Cruelty to Animals Act 1835
The 1835 Act made cockfighting and bear-baiting illegal. In addition, it opened the door for more legislation that improved animal transportation and created veterinary hospitals.
The Representation of the People Act 1918
Most people associate the Representation of the People Act of 1918 with granting women the right to vote. However, it went a step further. Before 1918, only 60% of men in Britain had the right to vote since voting was only open to those who held a specific amount of property.
Breaking an Act: Consequences
Breaching an act can result in simple fines to long time imprisonment. In addition, it may result in reputational harm to organisations or financial penalties.
Difference Between Acts and Policies
Acts are legal statutes passed by Parliament, holding the force of law. Policies, on the other hand, are internal frameworks guiding decision-making but lack legal enforceability. For instance, the Data Protection Act sets legal obligations, while company policies guide adherence.
Regulations
What is a Regulation?
Regulation is something that augments an act. Therefore, regulations are associated with existing actions. In addition, regulations help someone apply an act’s concepts in the real world. Also, you can refer to regulations as formal rules. However, breaking a regulation only sometimes results in legal action.
What is a regulation in law?
A regulation in law is a directive formulated by a governmental body to specify and enforce particular aspects of a law. It serves to elucidate the precise procedures and requirements for compliance within the broader legal context. Through regulations, government agencies provide detailed guidance to individuals or organizations on how to adhere to the overarching legal framework, thereby ensuring consistent implementation and enforcement of laws.
Examples of Regulations
In the UK, regulators exert regulatory or supervisory authority. Local authorities in the UK also carry out a variety of regulatory duties. You can find the list of regulators in the UK here.
The followings are some examples of regulations.
- Regulations that place burdens
- Regulations for laws that essentially grant rights or offer protection
- Self-regulation,
- Licencing organisations and inspectorates
- Economic authorities
- Public sector activity regulators
Breaking a Regulation: Consequences
The first consequence of not following regulations in the UK is becoming fragile towards committing a crime or breaking the law. This is because the regulations are there to focus your attention on following the laws. However, you will ultimately face legal repercussions if you cannot maintain them.
| Aspect | Laws | Regulations |
|---|---|---|
| Definition | Legal principles passed by legislative bodies such as Parliament. | Subordinate legal rules derived from and meant to enforce laws. |
| Purpose | Define overarching principles and standards of behavior for individuals and entities. | Provide detailed guidance on how to implement or comply with the laws. |
| Authority | Enacted by the legislative branch (e.g., Parliament). | Created by authorized agencies (e.g., regulatory bodies) under the powers granted by the law. |
| Binding Nature | Legally binding with penalties for violations (e.g., criminal or civil penalties). | Legally binding within the scope of the governing law, with specific penalties for non-compliance. |
| Examples | Equality Act 2010 (UK), Health and Safety at Work Act 1974. | Management of Health and Safety at Work Regulations 1999. |
Practical Examples in Different Contexts
For instance, the Health and Safety at Work Act 1974 sets the legal framework for workplace safety. Specific regulations like the Control of Substances Hazardous to Health Regulations (COSHH) detail employer obligations to prevent harm from hazardous substances.
Guidance
What is a Guidance?
Guidance provides practical advice and recommendations to help individuals and organizations comply with laws and regulations. Unlike enforceable laws, guidance is not legally binding and does not impose penalties for non-compliance. Its primary goal is to ensure that best practices are followed without the threat of legal consequences for those who do not adhere to it.
Statutory Guidance
This guidance lays out what schools and local authorities must do to comply with the law. Except in extreme cases, you should adhere to the statutory guidance. For example, the National Curriculum in England is one of the statutory guidance.
Guidance in Health & Safety
It offers health and safety suggestions to assist you in understanding how to comply with the law. In addition, this guidance explains specific legal requirements, technical details, or references to additional information sources to assist you in complying with your legal obligations in the health and safety sector.
Breaking Guidance: Consequences
Follow the guidance to avoid being banned or expelled from a specific organisation. You can only pursue your objective if you comply with the guidance. However, in the long term, breaking guidance can bring your organisation or business a bad reputation.
FAQs
1. Are Laws and Regulations Enforceable?
Laws and regulations are strictly enforced per the legislation. There may be repercussions for breaking the law or regulation, including fines and jail time. So, yes, laws and regulations are enforceable.
2. Is Guidance Enforceable?
Despite being useful, guidance is not enforceable. Organisations cannot be the target of enforcement action for disregarding the guidance.
3. Are Policies Enforceable?
Policies are mandatory and enforceable. Therefore, there are repercussions if a person or business doesn’t follow them. Depending on the seriousness of the infraction, the policies may specify the penalties. For example, a penalty may be additional training, probation, or even termination of a business or employment.
4. Is an Act a Policy?
Yes, an act can be considered a policy, but it’s important to note that acts are typically broader and more formal than policies. While acts are laws passed by a legislative body, policies are guidelines or rules set by an organization or government to achieve certain goals. So, while an act can establish a policy, not all policies are acts.
5. What is the difference between an act and a law?
The difference between an act and a law lies in their origin and scope. An act is a formal written enactment of a legislative body, while a law is a broader term encompassing acts, regulations, and other legal principles that govern society. Acts are usually passed by legislative bodies, while laws can be derived from various sources, including judicial decisions and customary practices.
6. Is an Act a Law?
Yes, an act is indeed a type of law. In legal terms, an act refers to a piece of legislation that has been passed by a legislative body, such as a parliament or congress. Acts are binding and enforceable rules that govern various aspects of society, such as commerce, education, or healthcare. They are typically created to address specific issues or regulate particular activities within a country or jurisdiction.
7. What is the Difference Between Legislation and Regulation?
The difference between legislation and regulation is that legislation is laws made by a legislative body, like a parliament or congress, while regulation is rules made by a government agency to implement or enforce those laws. Legislation is the broader framework, while regulations provide specific details on how to comply with the law.
8. Are Policies and Laws The Same?
Policies and laws are not the same. While laws are legally binding rules established by government authorities, policies are guidelines or principles adopted by organizations or institutions to achieve certain goals. Laws are enforceable and may carry penalties for non-compliance, whereas policies are typically internal directives that govern actions within specific contexts.
9. What is the difference between laws and regulations?
Laws like the Equality Act 2010 establish overarching principles, while regulations like the Equality Act Codes of Practice guide implementation in specific contexts. Simply put, laws define ‘what,’ and regulations define ‘how.’
Summary
You now know what laws, rules, acts, advice, and policies are. The terms imply nearly identical meanings. However, we’ve made it clear what their true objectives are. Each has a unique definition and use. When used or followed in the real world, they are likely to impact one another. To help you comprehend the ins and outs of laws, rules, acts, guidance, and policies, we have thoroughly provided examples of each. To get the most out of your learning, take our UK Employment Law Course.
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