How do I tell if legislation is still in force?
Answer
- Westlaw UK indicates the current legal standing of legislation.
- Legislation may be marked as 'Law In Force', 'Partially In Force', 'Law In Force With Amendments Pending', 'Not Yet In Force', or 'Repealed/Revoked'.
- Westlaw UK's default search retrieves in-force legislation incorporating all up-to-date amendments and repeals.
When viewing legislation on Westlaw UK, you will see status icons next to sections indicating their current legal standing. Current operative law is marked as 'Law In Force', but legislation may also be marked as 'Partially In Force', 'Law In Force With Amendments Pending', or 'Not Yet In Force'. Legislation that has been repealed (or revoked in the case of Statutory Instruments) is clearly identifiable by a red 'no entry' icon. The remainder of this answer looks at the meaning of these terms in more detail.
If you are unsure how to access Westlaw UK, please see 'How do I access Westlaw?'
Status Icons
Law In Force. Legislation that is listed as 'Law In Force' is currently operative law. This means the provision has commenced and is binding. Westlaw UK's default search retrieves in-force legislation incorporating all up-to-date amendments and repeals.
Partially In Force. If a 'Partially In Force' icon is shown next to a section of an Act or Statutory Instrument, it indicates that only certain subsections are currently active and enforceable, while other parts may not yet be in force or have been repealed. This status can arise when legislation is brought into effect in stages, with some provisions commencing immediately and others scheduled to commence later or suspended for the time being. In practice, this means that you must look closely at the specific sections within an Act or Statutory Instrument to see which parts apply at the present time. Westlaw UK indicates the current status to help you quickly understand that the law is not wholly current but partially operative, which is important for accurate legal research and application.
Law In Force With Amendments Pending. This means that the legislation is currently active law, but that one or more amendments to that section have been passed or enacted, which are not yet incorporated into the official, consolidated text you are reading. This indicates a transitional stage where changes to the wording or provisions exist due to subsequent legislation or secondary legislation, and the amendments will have legal effect at a specified date. Westlaw UK marks this status to alert users that while the law is current, a more up-to-date reading will soon be necessary once the amendments are consolidated into the text. This ensures you are aware of pending legal changes to the legislation.
Not Yet In Force. When Westlaw says a law is 'Not Yet In Force', it means that the legislation or specific provisions within it have been enacted but the law has not yet come into effect. Typically, this status applies to parts of an Act or Statutory Instrument that require a commencement order or another activating event before they become operative and binding law. The commencement date may be stated explicitly in the legislation or set for a future time by a separate Statutory Instrument. Until that date or event, the provision is essentially dormant and does not yet apply in practice. You can search for prospective versions of legislation on Westlaw UK by using the 'More options' filter under 'Legislation Search' and selecting 'Prospective Law'.
Repealed. Repealed legislation (or revoked in the case of secondary legislation like Statutory Instruments) is law that has been formally removed and no longer has legal effect. Repealed provisions are shown with a red 'no entry' icon on Westlaw UK. Even though legislation may have been repealed, it can still be relevant for historical research or for understanding rights and obligations that arose while it was in force. Westlaw UK retains the text of repealed legislation for reference.
Please contact me if you need any support interpreting the status of legislation in Westlaw UK.
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