Recent Statutory Instruments – legislation.gov.uk

Posted June 23rd, 2017 in legislation by Verity

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017

The Export Control (Amendment) (No. 3) Order 2017

Source: www.legislation.gov.uk

Regina (Williams) v Powys County Council – WLR Daily

Regina (Williams) v Powys County Council [2017] EWCA Civ 427

‘The defendant local planning authority granted planning permission for the erection of a wind turbine on the farm of the interested party. The wind turbine was erected on the side of a hill the other side of which, about 1·5 km from the wind turbine, was a Grade II* listed building. Several scheduled monuments were also in the surrounding area, two of which were within two km of the site. The claimant, a local resident, applied for judicial review of the council’s decision to grant planning permission. The judge dismissed the claim, determining that (i) the planning authority was not required to consult the Welsh ministers under article 14 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 as the requirement to consult on development “likely to affect the site of a scheduled monument” in paragraph k of Schedule 4 to the Order applied only to development likely to have some direct physical effect on the monument, not also to development likely to have visual effects on the setting of the monument, and (ii) the planning authority had not erred in failing to perform the duty in section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, which required it to have special regard to the desirability of preserving the setting of a listed building when deciding whether to grant planning permission for development which affected a listed building or its setting.’

WLR Daily, 9th June 2017

Source: www.iclr.co.uk

Refugee campaigners launch legal challenge over Home Office ‘failure’ to implement Dubs scheme – The Independent

‘Campaigners have launched a High Court challenge against the Government over the number of unaccompanied child refugees accepted into the UK under the Dubs scheme.’

Full Story

The Independent, 20th June 2017

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 19th, 2017 in legislation by Verity

The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2017

The Social Security (Emergency Funds) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Changes to the Seizure Provisions Under the Criminal Finance Act 2017 – Drystone Chambers

‘On the 27th April 2017 the Criminal Finance Act (‘CFA 2017’) received Royal Assent. The Criminal Finance Act 2017 ushers in wide-ranging reforms to the Proceeds of Crime Act 2002 (‘POCA 2002’). This article is part of a series of short comment pieces highlighting some of the main changes the CFA 2017 makes. It also covers issues related to Barnaby’s previous piece which set out some of the changes the Criminal Finance Bill enacted.’

Full Story

Drystone Chambers, 30th May 2017

Source: drystone.com

Colin Harvey and Daniel Holder: The Great Repeal Bill and the Good Friday Agreement – Cementing a Stalemate or Constitutional Collision Course? – UK Constitutional Law Association

‘As predicted, Brexit is proving to be profoundly destabilising for the peace process and the constitutional politics of Northern Ireland. An outcome that lacks the consent of the people of Northern Ireland (a majority voted to remain) is re-opening fundamental questions about future relationships across these islands. We argue that this constitutional mess has potentially created a ‘perfect storm’, and leaves many here struggling with the troubling consequences.’

Full Story

UK Constitutional Law Association, 6th June 2017

Source: ukconstitutionallaw.org

May: I’ll rip up human rights laws that impede new terror legislation – The Guardian

‘Theresa May has declared she is prepared to rip up human rights laws to impose new restrictions on terror suspects, as she sought to gain control over the security agenda just 36 hours before the polls open.’

Full Story

The Guardian, 6th June 2017

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 6th, 2017 in legislation by Verity

The Wireless Telegraphy (Mobile Communication Services on Aircraft) (Exemption) Regulations 2017

The Parliamentary Elections (Returning Officers’ Charges) (No. 2) Order 2017

Source: www.legislation.gov.uk

What is the Fixed-term Parliaments Act ? – Daily Telegraph

Posted June 1st, 2017 in constitutional law, elections, legislation, news, parliament, time limits by sally

‘The conditions for when a snap election can be called were significantly restricted by the Fixed-term Parliaments Act of 2011. The Act of Parliament, which was part of the Conservative–Liberal Democrat coalition agreement produced after the 2010 general election, was introduced fixed-term elections to the Westminster parliament.’

Full Story

Daily Telegraph, 31st May 2017

Source: www.telegraph.co.uk

Defamation cases slump to nine-year low – Law Society’s Gazette

Posted May 30th, 2017 in defamation, internet, legislation, news, statistics by sally

‘The number of reported defamation cases in the UK is at the lowest level since 2008/9, partly due to the Defamation Act 2013, according to research published today.’

Full Story

Law Society's Gazette, 30th May 2017

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 26th, 2017 in legislation by Verity

The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Amendment) (England) Regulations 2017

The Welfare Reform Act 2012 (Commencement No. 29 and Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

Source: www.legislation.gov.uk

Robert Craig: Zombie Prerogatives Should Remain Decently Buried: Replacing the Fixed-term Parliaments Act 2011 (Part 1) – UK Constitutional Law Association

‘In the light of widespread dissatisfaction with the Fixed-term Parliaments Act 2011 (‘FTPA’), the Conservative party manifesto states, at page 43, “We will repeal the Fixed-term Parliaments Act”. This post explores the constitutional implications if, as seems likely, the Conservative Government continues to command a majority in the House of Commons after the election and seeks to convince Parliament to repeal the Act.’

Full story

UK Constitutional Law Association, 24th May 2017

Source: www.ukconstitutionallaw.org

Charities may face criminal sanctions as ‘gagging law’ backdated before election – The Guardian

Posted May 22nd, 2017 in charities, elections, legislation, lobbying, news, retrospectivity, sanctions by tracey

‘UK charities face a permanent “chilling effect” on their campaigns after the Electoral Commission said they must declare any work that could be deemed political over the past 12 months to ensure they are not in breach of the Lobbying Act.’

Full story

The Guardian, 21st May 2017

Source: www.guardian.co.uk

New Acts – legislation.gov.uk

Posted May 15th, 2017 in legislation by Verity

Higher Education and Research Act 2017

Source: www.legislation.gov.uk

A bluffers guide to the Homeless Reduction Act 2017 – Nearly Legal

‘The Homelessness Reduction Act has now received royal assent. The Act itself is here. There is no date yet for it to come into force – there will need to be statutory guidance produced first – and the current guess is that it is likely to be in 2018. Of course, what the Act mostly does is amend Housing Act 1996 Part VII.’

Full story

Nearly Legal, 14th May 2017

Source: www.nearlylegal.co.uk

Facebook users will be given new legal right to delete all posts they made as teenagers, Tories announce – Daily Telegraph

Posted May 15th, 2017 in employment, fines, internet, legislation, news, young persons by sally

‘Facebook users will be given a new legal right to wipe clean all photos, messages and information that they put online before turning 18 under a new manifesto pledge announced by Theresa May.’

Full story

Daily Telegraph, 12th May 2017

Source: www.telegraph.co.uk

Freedom of Information Act document leaks could become criminal – The Guardian

‘Whistleblowers and journalists could be imprisoned for revealing documents that can be obtained through freedom of information requests, campaigners have warned.’

Full story

The Guardian, 14th May 2017

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 11th, 2017 in legislation by Verity

The Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 2017

The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2017

The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2017

Source: www.legislation.gov.uk

New Acts – legislation.gov.uk

Posted May 9th, 2017 in legislation by Verity

Criminal Finances Act 2017

Digital Economy Act 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 5th, 2017 in legislation by tracey

The Misuse of Drugs Act 1971 (Amendment) Order 2017

The Town and Country Planning (Compensation) (England) (Amendment) (No. 2) Regulations 2017

The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017

The Parliamentary Elections (Returning Officers’ Charges) Order 2017

The Specified Agreement on Driving Disqualifications Regulations 2017

Source: www.legislation.gov.uk