3 Primary UK immigration legislation

In this section, you’re going to explore how a piece of primary legislation of the UK Parliament is structured.

Most primary legislation follows a similar structure. The table of contents provides a quick overview and a brief indication of what each section of the Act covers.

You will now consider the Immigration Act 1971 as an example. This is a key piece of legislation in immigration law, and – despite being over 50 years old – it has been amended regularly, and, therefore, still has relevance in 2021 as it underpins the UK’s immigration system.

Copies of most Acts of the UK Parliament are available for free online at legislation.gov.uk. We entered the words ‘Immigration Act’ and then the numbers ‘1971’, then to the search at the top of the homepage. The search revealed one result. Then we clicked the link to the title ‘Immigration Act’, and this went to the table of contents. The table of contents tab has 37 separate sections, followed by six schedules. These schedules are divided into four parts.

Next, by going to the ‘Content’ tab, it reveals the name of the Act: the Immigration Act 1971. Underneath that name is the heading ‘1971 Chapter 77’. What this means [is] that this act was the 77th Act to be passed in the year 1971.

Next follows a short statement about the purpose of this Act. That is followed by the date on which the Act was passed. The date an Act is passed and the date it becomes law may differ. Then, details [of] modifications to the Act. It is common for Acts to be modified by later Acts. These can repeal whole sections or even parts of a section, or insert new sections or wording into the original Act.

Now, going back to the table of contents, you will see listed the main body of the Act, which is set out in numbered sections and parts. Each section of an Act is equally important.

Many Acts have an interpretation section. This section is useful when looking for specific meanings of key words used in the terminology in the Act. For example, Section 33 of the Immigration Act has a list of definitions.

Turning now to the schedules. Most Acts of Parliament contain these. Schedules have the same weight in law as the sections of the Act. They are simply convenient means of setting out detailed provisions. In Schedule 1, you will see reference to textual amendment. Here it simply means the schedule was repealed. Schedule 4A, enforcement in relation to ships, is interesting in terms of devolution in immigration law. When you open the schedule, you will note that it has several parts: one for each legal jurisdiction in the UK.

Turning back to the specific wordings of sections, let’s take Section 2 as an example. Like most lengthy Acts, the sections of the Immigration Act contain a great deal of punctuation, and a lot of ‘ands’ and ‘ors’. Sections may also contain subsections, which are shown by numbers and brackets, or even letters. When you reference (what is known as ‘cite’) an Act, you generally provide details of relevant sections and subsections. So you could refer to, for example in this case, Section 2, Subsection 1, Paragraph B, Numeral 2. This enables others to see to what sections you are referring.

Finally, in relation to an Act, it’s always important to check when it became law and whether it, or sections you are relying upon within it, are still law. Information on this can generally be found in the commencement section and the short title and extent section. Looking at the Immigration Act, the commencement provision is found in Section 35. It is common for Acts to become law via a date specified in the Statutory Instrument. Information elsewhere on legislation.gov.uk can help you determine when an Act became law and whether it is still in force.

Finally, Acts contains sections which state how the Acts should be cited. In the Immigration Act, this is found in Section 37. Also note [that] Subsection 2 states the jurisdictional extent of the Immigration Act. The advanced features function can also provide a timeline of changes to each section.

This is a brief overview of how an Act is structured. Nevertheless, there are some general points to think about.

When reading an Act to gain an understanding of the laws it creates, you are likely to read it several times. Assume all words and punctuation in the Act have meaning. It is tempting to skip words you don’t quite understand and ignore awkward punctuation. You should avoid doing this.

Anyone who reads an Act of Parliament is likely to find some of the terminology difficult to understand, as it’s quite common for Acts to contain complex language. As you become more accustomed to reading Acts, you will become more and more familiar with the language used and the structure, and develop strategies to gain an understanding of the meaning of an Act. There may be reference to other Acts, some Latin terms may be used, and there may be amendments and additions to the original Act.

This all adds to the complexity. But by working through the Act a section at a time, it can make your task more approachable. With practice and familiarity, this does become easier. And we hope these tips assist you in your future studies.