The Legal and Regulatory Framework Assignment Sample
Assignment 1
1. Introduction
Law represents a significant type of regulation so that the behaviour of an individual is encouraged as well as changed for good terms. It has been observed that every health care in the United Kingdom needs immediate improvement in its services. Hence, the Government of the UK as well as the UK’s legislature has imposed various regulatory measures upon the health care of the United Kingdom. These measures include policies, laws as well as strategies to improve health as well as social care in the UK. The thesis statement of this essay is to interpret the case as well as statutes and to discuss the operations of courts in the UK.
2. Discussions
Interpretation of case laws and Statutes
Statutes represent written laws imposed by the primary legislation of a nation or Government. According to Fahy et al. (2019), statutes represent regulatory acts of the Parliament as well as legislations. In addition to this, statute laws are non-cumulative and it can be argued that each sessional court of the UK has separate volumes of statutes. It has been observed that in statutes, interpretation, as well as a description of the rules, is not present. Only various guidelines, as well as regulations regarding the operations of a country, have been written. As stated by Gray and Fordyce (2020), statute law has imposed various legal duties and these may become absolute and practicable.
For example, The Health and Social Care Act of 2012 have imposed regulatory measures to reduce health inequalities in the UK. Based on the case law of “R (Cornwall Council) v Secretary of State for Health [2015] UKSC 46,” it can be stated that the position of Department of Health and Social Care’s (DHSC) is to question and guide ordinary residencies proper health and social care. It can be argued that reduction in health equalities provide treatment to every people irrespective of their castes as well as social status. According to Norton (2019), statute law is an effective act of the UK’s parliament and these acts are at first passed as bills. It can be argued that the bills when to get approved by the Houses of Parliament, become regulatory acts to be imposed.
Civil laws are based on common law and these are written as well as unwritten rules, guidelines. According to Leslie et al. (2019), civil laws help to resolve the problems as well as disputes between various individuals as well as organizations. It is quite different from that of the statute law based on the written rules included in it. For example, the Health and Safety Law (civil law) in the UK has enabled health cares to monitor the heath as well as risks of the employees. It has been observed that Health and Safety Executive has imposed civil law and works for the right of employees inside an organization. According to Daly et al. (2018), civil laws help to regulate the relationships among various legal individuals including organizations. It has been observed that the civil laws in healthcare include H&S management audits as well as claim investigations arising between the professionals of health care.
Criminal Law, on the other hand, is mainly based on statute law and it regulates the prejudicial conducts of the community. According to Mangan (2020), criminal laws are mainly undertaken by courts and hence, decide upon the guilty, innocence. One of the most exclusive examples of criminal law in the UK’s health care is the “Health and Safety at Work Act 1974 (HASAW)”. It has been observed that the above law provides support to the delegated legislation. For example, “Management of Health and Safety at Work Regulations 1999” protects the employees working in health care effectively. Case laws such as Eh Humphries (Norton) Ltd. Thistle Hotels Plc V Fire Alarm Fabrication Services Ltd. [2006] Ewca Civ 1496 discusses that a contractor has the right to supervise the work of a sub-contractor so as to ensure that it was carried out safely. This also imposes a duty of care on the contractor, which extends to the safety of the sub-contractor’s employees. According to Coventry and Branley (2018), individuals performing illegal activities in health care are punished with the help of criminal law. Thus, it can be argued that both statute and criminal laws enable health care of the UK to function properly.
Operations of courts in the UK
The court system in the UK is unified and is mainly based on the principles of common law. According to Heath-Kelly and Strausz (2019), civil cases are mainly heard in the county court of the UK effectively. It can be argued that England and Wales of the UK have a unified system of court while Northern Ireland has its system of judiciary. Special tribunals have been undertaken by the courts in the UK to solve disputes among various individuals in civil laws. The County Court in the UK mainly deals with various civil cases such as taxation, employment, and others. For example, the employment-related issues of the healthcare workers are mainly regulated by the County Court.
On the other hand, the criminal cases are mainly handed in the Magistrates Court as well as Crown courts. As argued by Okoli and Roberts (2019), in the magistrate’s court, three magistrates hear the trials of an individual. After hearing the trial, the punishment is decided as well as declared. However, in the Crown Court, one judge and 12 juries hear the trials and give punishment based on the findings of the court. According to Cygan et al. (2020), courts of the UK function according to the laws made by the legislature. However, organisations function based on the different acts imposed upon them by the Parliament. These include the “Minimum Wages Act 1948”, “Employment Act 1955” and many others. The recent case examples from Smith v Pimlico Plumbers Limited [2022] EWCA Civ 70 and HMRC v Middlesbrough FC: UKEAT/0234/19/LA can demonstrate the relevance of the need of these acts. It can be argued that WHO has made it compulsory to follow the Health care Act of Parliament to maintain decorum. High Court of the UK hears both civil as well as criminal cases and thus, protecting the UK from disputes and misconduct. There are mainly three subdivisions of the High Court and they are Queen’s Bench, Chancery Division, and Family Division.
3. Conclusion
The essay can be concluded by saying that laws are required to maintain decorum in a country. It has been observed that rapid globalization has compelled the health care of the UK to improve quickly. Hence, regulations, as well as laws, are followed by health care so that profitability and productivity are attained. The basic difference between the statute and common law lies in its proceedings. Statute law is represented as an act of parliament and these are mainly written laws. However, common (civil) laws are those that are imposed by Legislature as well as government and they can be both written as well as non-written. However, the criminal laws are made based on the statute law and these are operated by the Crown Court. The County court in the UK mainly deals with all civil cases and thus, maintains decorum in the country.
References
Journals
Cygan, A., Lynch, P. and Whitaker, R., 2020. UK Parliamentary Scrutiny of the EU Political and Legal Space after Brexit. JCMS: Journal of Common Market Studies, 58(6), pp.1605-1620.
Daly, P., Hughes, K. and Armstrong, K., 2018. Brexit and EU Nationals: Options for Implementation in UK Law. University of Cambridge Faculty of Law Research Paper, (1).
Fahy, N., Hervey, T., Greer, S., Jarman, H., Stuckler, D., Galsworthy, M. and McKee, M., 2019. How will Brexit affect health services in the UK? An updated evaluation. The Lancet, 393(10174), pp.949-958.
Gray, C. and Fordyce, P., 2020. Legal and Ethical Aspects of ‘Best Interests’ Decision-Making for Medical Treatment of Companion Animals in the UK. Animals, 10(6), p.1009.
Heath-Kelly, C. and Strausz, E., 2019. The banality of counterterrorism “after, after 9/11”? Perspectives on the Prevent duty from the UK health care sector. Critical Studies on Terrorism, 12(1), pp.89-109.
Leslie, K., Moore, J., Robertson, C., Bilton, D., Hirschkorn, K., Langelier, M.H. and Bourgeault, I.L., 2021. Regulating health professional scopes of practice: comparing institutional arrangements and approaches in the US, Canada, Australia and the UK. Human Resources for Health, 19(1), pp.1-12.
Mangan, D., 2020. Freedom and Dignity in the UK workplace. Italian Labour Law e-Journal, 13(2), pp.35-49.
Norton, P., 2019. Post-legislative scrutiny in the UK Parliament: adding value. The Journal of Legislative Studies, 25(3), pp.340-357.
Okoli, C.S.A. and Roberts, E., 2019. The operation of Article 4 of Rome II Regulation in English and Irish courts. Journal of Private International Law, 15(3), pp.605-625.
Case laws
Eh Humphries (Norton) Ltd. Thistle Hotels Plc V Fire Alarm Fabrication Services Ltd. [2006] Ewca Civ 1496 (10 November 2006)
HMRC v Middlesbrough FC: UKEAT/0234/19/LA
R (Cornwall Council) v Secretary of State for Health [2015] UKSC 46
Smith v Pimlico Plumbers Limited [2022] EWCA Civ 70
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