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May 31, 2024
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.
Table of Contents
Laws
What is a Law?
A rule or combination of rules that the courts can execute constitutes a law. Laws govern the state’s administration. It can also determine how the state’s citizens and governing bodies interact. Furthermore, laws specify how people should behave with one another.
Examples of Laws
The following are some examples of Laws in the UK.
UK Employment Law
This law specifies requirements for what should be in a contract. For example, a contract may hold holiday entitlement, disciplinary procedures, and formal notice periods. This is how UK Employment Law protects organisations. In addition, contracts safeguard employers by providing clarity and a point of reference to ensure that the employer and employee are on the same page.
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 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
The requirements for a person to be accepted as a British national is set down in British nationality legislation. Due to the UK’s recorded history as a colonial empire, the six separate classes of British nationality each have various civil and political rights levels. However, British citizenship, linked to the United Kingdom and the Crown dependencies, is the main category of British nationality. In addition, foreign nationals who fulfil a minimum residency requirement (often five years) and achieve established status are eligible to naturalise as British citizens.
UK Commercial Law
The phrase “commercial law” refers to a broad range of legal services intended to help businesses profit from their goods and services. For instance, for manufacturers and creative industries to benefit from the invention, intellectual property (IP) rights are essential. Contracts are also required for domestic and international sales, and businesses can create agency or distribution agreements to market the goods or services more broadly.
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.
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.
Examples of Acts
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.
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.
Guidance
What is a Guidance?
The guidance provides the necessary cues for you to function according to regulations. It aids in the identification of options and the reduction of choices. However, it won’t direct your action itself. You can differently do a job with the same guidance.
Examples of Guidance
Here are two examples of guidance in the UK.
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.
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 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.
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 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.
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.
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.
