6.3 Overview of the stages of a Bill

Section 29 of the Scotland Act 1998 provides:

‘An Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament.’

This means that the Scottish Parliament does not have power to legislate for England, Wales or Northern Ireland on reserved matters, and cannot create legislation which is incompatible with EU law or
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5.2.3 Looking at the intention of the rule-maker

To resolve these problems, a rule-applier may adopt a yet broader interpretive strategy. This involves attempting to work out what the intention of the rule-maker was when the rule was formulated. In other words, it means going beyond or outside the language of the rule itself. In the context of a statute (i.e. an Act of Parliament), this may involve the rule-applier (the judge) looking at the law that existed before the statute was enacted and working out what the problem with that la
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4.1 Introduction

We have looked at the way in which policy informs the development of rules, and you have had an opportunity to develop your reasoning skills by applying your understanding of a set of rules to some factual situations. One of the issues which came out of Part B was that sometimes in applying rules the language in which the rules are written makes it difficult to know exactly what is meant. In Part C we will be looking at this problem in a little more detail. In particular, we will be looking a
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2.1 The meaning of formal rules

In this part, we will develop our understanding of rules further. So far we have concentrated on social rules. We looked at what is meant by this, at the way such rules develop, at the conflicts which may arise between groups operating under different social rule systems, and at what happens when such rules are broken. Here, we are going to explore rules which are more formal in nature. By this I mean rules which – instead of being the product of shared understanding and practice – are se
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5 Conclusion

Social work and law are both contested concepts, open to a range of possible meanings, depending on their context and the source of their definition. An understanding of these competing meanings is essential to good professional practice and provides a foundation for examining the relationship between social work and the law which is central to this unit. The relationship between social work and the law is subject to change, as the organisation and delivery of social care services attempts to
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