UK primary and secondary legislation

The present post gives you a short summary of the primary and secondary legislation in the United Kingdom in accordance with the Oxford University Standard for the Citation of Legal Authorities (OSCOLA, 4th edition).  It could be particularly useful for students who are writing their dissertations over the summer and want to cite UK legislation. For more information, please see pp. 23-28 in the OSCOLA user guide.

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© UK Parliament

UK primary legislation:

  • Acts of the UK Parliament
  • Bills
  • Acts of the Scottish Parliament
  • Scottish Parliament Bills
  • Acts of the Welsh Assembly (previously known as Welsh Measures)
  • Welsh Assembly Bills
  • Acts of the Northern Ireland Assembly
    (or previously, Acts of the Parliament of Northern Ireland)
  • Bills of the Northern Ireland Assembly

UK secondary legislation:

  • UK Statutory instruments (previously known as Statutory rules, regulations
    or orders)
  • Rules of court
  • Statutory instruments of the Welsh Assembly
  • Statutory instruments of the Scottish Parliament
  • Northern Ireland statutory rules.

 

Taylor Library Team
lawlib@abdn.ac.uk

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Tip of the Day: OSCOLA – Subsequent citation of a case

OSCOLA finalIn the following example, we demonstrate the subsequent citation of a case. The short form of the case name must be sufficient to identify the source.

If the full name of the case is given in the text e.g. AWB Limited v Honourable Terence Rhoderic Hudson Cole, the citation is provided in footnotes as follows:

74 [2006] FCA 571.

76 AWB Limited (n. 74).

Interpreting the footnotes:

74 As the name of the case is given in your text, it is not given in the footnote.

76 For subsequent citation, a short form of the case is sufficient to identify the source along with a cross-citation to the full citation.

Note that it is also acceptable to give the full citation every time a source is cited, and the Law School may prefer this to the use of short forms. Always consult your supervisor or course coordinator if you are uncertain about referencing and citing using OSCOLA.

For more information, see Page 5 in the OSCOLA user guide. For more OSCOLA examples, please follow the link here.

Taylor Library Staff
lawlib@abdn.ac.uk

 

Tip of the Day: OSCOLA -Table of cases (EU cases)

OSCOLA final

Our series of blog posts on OSCOLA aim to help you navigate through the complex and sometimes confusing rules of this referencing style. This time we concentrated on EU cases organising them in tables at the end of your work.

TIP! If you divide your table of cases by jurisdiction:

  • list European Court of Justice (ECJ), General Court (GC) – previously known as Court of First Instance (CFI) – and Commission decisions separately,
  • in chronological or numerical order,
  • cite the cases as in footnotes, with the case number first, but omitting the
    word ‘Case’.

EU cases have been given the prefix C– (for ECJ cases) or T– (for GC cases).

Example

C-280/92 Spain v the Commission [1994] ECR I-4103
C–176/03 Commission v Council [2005] ECR I–7879
C-39/94 SFEI v La Poste [2006] ECR I-3547

T–344/99 Arne Mathisen AS v Council [2002] ECR II–2905
T-396/08 Freistaat Sachsen und Land Sachsen-Anhalt v Commission [2010] ECR II-141,
T-29/05 Deltafina v Commission [2010] ECR II-4077

Tip! If not listed separately in your table of cases, EU cases should be arranged alphabetically by first party name, followed by the case number in brackets.

Example

Cite the ‘Case T-344/99 Arne Mathisen AS v Council [2012] ECR II-2905’ in the table of cases under letter ‘A’:

  • Arne Mathisen AS v Council (T-344/99) [2012] ECR II-2905

For more information, see pages 10 – 11 and 30 – 31 in the OSCOLA user guide or our library guide on OSCOLA .

Taylor Library Team
lawlib@abdn.ac.uk

 

OSCOLA – Tables and lists

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Tip! You should always consult your course coordinator regarding the requirement to include tables of primary legal materials in your work. However, the general rule is that shorter works, such as articles and essays, only require footnotes.

At the end of a longer work (e.g. book, dissertation or thesis) you have to include the followings in this order:

  • List of abbreviations
  • Tables:
    • table(s) of cases
    • table(s) of legislation
    • tables other primary legal resources
  • Bibliography of secondary resources

As this post concentrates on the Tables only, you can find useful tips and a few examples here.

Table of cases

  • Cases should be listed in alphabetical order of first significant word (except EU cases if they are divided by jurisdiction).
  • Case names are not italicized.
  • Unless there is a very small number of cases, divide the table into separate sections for different jurisdictions.

Example:
Assange v Sweden [2012] UKSC 22, [2012] 2 AC 471
Brightcrew Ltd. V City of Glasgow Licensing Board [2011] CSIH 46, 2012 SC 67
De Keyser’s Royal Hotel, Re [1920] AC 508
Hunter v Fox 1964 SC (HL) 95

Table of legislation

  • List every statute cited in your work. Legislation should be listed in alphabetical order of first significant word of the title (not chronologically by date of enactment!)
  • Statutory Instruments should be listed separately, at the end of the statues. But, if you have a large number of citations of statutory instruments, it may be helpful to have wholly separate tables of statues and statutory instruments.
  • If legislation from more than one jurisdiction is cited, it may be helpful to have separate lists for each jurisdiction.

Example:
Climate Change (Scotland) Act 2009 (asp 12)
Defamation Act 2013
Fur Farming (Prohibition) Act 2000
High Hedges (Scotland) Act 2013 (asp 6)
Marriage (Scotland) Act 1977

Civil Legal Aid (Costs) Regulations 2013, SI 2013/611
Act of Sederunt (Lands Valuation Appeal Court) 2013, SSI 2013/161
Zoonoses (Monitoring) (Scotland) Regulations 2007, SSI 2007/420

Other tables

  • Table of international treaties and conventions,
  • Table of UN documents,
  • Table of official papers,
  • Table of policy documents.

For more information, please see pp. 10-12 in the OSCOLA user guide.

Taylor Library Team
lawlib@abdn.ac.uk

 

Tip of the Day: Citing cases in footnotes

OSCOLA final

  Did you know

… if the full name of the case is given in your text, it is not given in the footnote?

  For example:

Amongst Lord Reid’s cases where there seems to have been a late change of mind and vote include such famous cases as Rookes v Barnard47 White and Carter (Councils) Ltd v McGregor, 48 Anisminic Ltd v Foreign Compensation Commission, 49 Home Office
v Dorset Yacht Co,
 50 and Cassell v Broome. 51

  Footnote:

 (47) [1964] AC 1129.
 (48) [1961] UKHL 5.
 (49) [1969] 2 AC 147.
 (50) [1970] UKHL 2.
 (51) [1972] UKHL 3.

For more information, see pages 3-4 in OSCOLA user guide.

 Taylor Library Staff

Tip of the Day – Contributions to edited books

OSCOLA finalIf you are citing a chapter or essay in an edited book, follow the steps below:

  • Cite the author
  • ‘Title’ of the contribution
  • in editor (ed)
  • book title (in italics)
  • (additional information, publisher, year)

Remember that it is not necessary to give the pages of the contribution.

Example:

Justine Pila, ‘The Value of Authorship in the Digital Environment’ in William H Dutton and Paul W Jeffreys (eds), World Wide Research: Reshaping the Sciences and Humanities
in the Century of Information
(MIT Press 2010)

Tip! For more information, see page 35 in the OSCOLA user guide.

 

Tip of the Day: OSCOLA – Bibliographies

OSCOLA final

 A bibliography lists all the secondary sources you cited in your essay or dissertation. It should be provided at the end of your work – after the main body of text, any appendices, and tables of primary sources that you have referred to.
Works in a bibliography are arranged in alphabetical order by the surname of
the first author.
Please note that references in a bibliography should include:
  • The author’s surname followed by his or her initial(s), with no comma
    separating them, but a comma after the final initial.
  • Only initials should be used.
  • Where there are more than 3 authors, give the first author followed by
    the phrase ‘and others’.
  • Titles of unattributed works should be preceded by a double em-dash
    (— — title of work).

——————————————————————————————

Examples

Citation in a footnote:
15 Elisabeth Fisher, Risk Regulation and Administrative Constitutionalism
(Hart Publishing 2007) 15.

Citation in the bibliography:
Fisher E, Risk Regulation and Administrative Constitutionalism
(Hart Publishing 2007).

For more information, see pages 11-12 in the OSCOLA User Guide or consult the Library’s quick guide on citing legal authorities.

Taylor Library Team
lawlib@abdn.ac.uk