Recent Statutory Instruments – legislation.gov.uk

Posted April 24th, 2017 in legislation by Verity

The Police (Complaints and Misconduct) (Amendment) Regulations 2017

The Childcare Payments Act 2014 (Commencement No. 3 and Transitional Provisions) Regulations 2017

Source: www.legislation.gov.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted April 20th, 2017 in legislation by Verity

The Collection of Fines etc. (Northern Ireland Consequential Amendments) Order 2017

The British Nationality (Maldives) Order 2017

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

The Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2017

The Civil Courts (Amendment) Order 2017

Source: www.legislation.gov.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted April 13th, 2017 in legislation by Verity

The Armed Forces Act (Continuation) Order 2017

Source: www.legislation.gov.uk

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K M Hayne: The ‘Great Repeal Bill’ – UK Constitutional Law Association

‘In the White Paper published in February this year (“The United Kingdom’s exit from and new partnership with the European Union” Cm 9417), the very first point made was that the “Great Repeal Bill” will “remove the European Communities Act 1972 from the statute book and convert the ‘acquis’ – the body of existing EU law – into domestic law”. It was said that “[t]his means that, wherever practical and appropriate, the same rules and laws will apply on the day after [the United Kingdom] leave[s] the EU as they did before”.’

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UK Constitutional Law Association, 12th April 2017

Source: www.ukconstitutionallaw.org

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Recent Statutory Instruments – legislation.gov.uk

Posted April 11th, 2017 in legislation by Verity

The European Union Financial Sanctions (Enhanced Penalties) Regulations 2017

The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted April 10th, 2017 in legislation by Verity

The Deregulation Act 2015 and Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) (Savings) Regulations 2017

The Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2017

The Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2017

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order 2017

The Democratic People’s Republic of Korea (European Union Financial Sanctions) (Amendment) Regulations 2017

The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2017

The Merchant Shipping (Light Dues) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

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Rosie Slowe: Article 50 Notice and Implied Conditionality – UK Human Rights Blog

‘More substantive than the 137 word EU (Notification of Withdrawal) Act 2017 (‘Notification Act’), which was passed by Parliament on 13 March, the Prime Minister’s 6 page letter of notice, issued under Article 50 TEU, is lacking in one crucial respect. This post asserts that, as a matter of UK constitutional law and in accordance with the EU Treaties as well as customary international law, conditionality should be inferred into this notice. Such conditionality manifests in the requirement of domestic Parliamentary approval at the end of the Article 50 negotiation process.’

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UK Human Rights Blog, 7th April 2017

Source: www.ukhumanrightsblog.com

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Recent Statutory Instruments – legislation.gov.uk

Posted April 6th, 2017 in legislation by Verity

The Judicial Pensions (Fee-Paid Judges) Regulations 2017

The Gangmasters and Labour Abuse Authority (Complaints and Misconduct) Regulations 2017

The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017

The Crown Estate Transfer Scheme 2017

The Statutory Auditors and Third Country Auditors Regulations 2017

Source: www.legislation.gov.uk

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Is CSR making a move from ‘soft law’ to ‘hard law’? – Six Pump Court

Posted April 6th, 2017 in company law, foreign jurisdictions, legislation, news by sally

‘In a bold and unprecedented move that is set to cause a ripple through the top ranks of the corporate world, the French Parliament has recently passed a law to shift what is broadly termed ‘corporate social responsibility’ onto a firm legislative footing. Although it has increased significantly in currency in recent years, with most major companies having some kind of initiative in place, CSR has remained resolutely a voluntary activity, a commitment for companies to sign up to and report on should they so wish; a moral endeavour rather than a legal obligation. ‘

Full story (PDF)

Six Pump Court, 3rd April 2017

Source: www.6pumpcourt.co.uk

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Freedom of speech, the Prevent duty and higher education – Law & Religion UK

‘S 43 Education (No. 2) Act 1986 (Freedom of speech in universities, polytechnics and colleges) requires “Every individual and body of persons concerned in the government” of further and higher education institutions to “take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured” for staff, students and visiting speakers. The institutions must ensure, “so far as is reasonably practicable”, that use of the premises is not denied to anyone on any ground connected with their beliefs, views, policy or objectives. On the other hand, the Prevent duty in s 26 Counter-Terrorism and Security Act 2015 requires specified authorities – including relevant higher education bodies – to have due regard in the exercise of their functions to the need to prevent people from being drawn into terrorism.’

Full story

Law & Religion UK, 5th April 2017

Source: www.lawandreligionuk.com

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Licensing Act review committee calls for ‘radical comprehensive overhaul’ – OUT-LAW.com

‘Licensing laws in England and Wales should be changed to give local planning authorities responsibility for determining the rights of businesses to sell alcohol on their premises, according to a House of Lords committee.’

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OUT-LAW.com, 4th April 2017

Source: www.out-law.com

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Recent Statutory Instruments – legislation.gov.uk

Posted April 4th, 2017 in legislation by Verity

The Immigration and Nationality (Fees) Regulations 2017

The Judicial Pensions (Additional Voluntary Contributions) Regulations 2017

The Prescribed Persons (Reports on Disclosures of Information) Regulations 2017

Source: www.legislation.gov.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted April 3rd, 2017 in legislation by Verity

The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017

The Serious Crime Act 2015 (Commencement No. 7) Regulations 2017

The Public Sector Apprenticeship Targets Regulations 2017

The Legislative Reform (Private Fund Limited Partnerships) Order 2017

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2017

The Immigration Skills Charge Regulations 2017

The North Wales Wind Farms Connection (Correction) Order 2017

The Electricity Supplier Payments (Amendment) Regulations 2017

The Public Guardian (Fees, etc.) (Amendment) Regulations 2017

The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) (Amendment) Regulations 2017

The Water Act 2014 (Consequential Amendments etc.) Order 2017

The Judicial Pensions (Amendment) Regulations 2017

Source: www.legislation.gov.uk

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BREXIT: UK government seeking time limited power to ‘correct’ post-Brexit statute book – OUT-LAW.com

Posted April 3rd, 2017 in bills, courts, EC law, legislation, news, parliamentary papers, repeals, time limits by sally

‘The UK government is seeking a time-limited power to “correct the statute book” by way of secondary legislation ahead of the country’s departure from the European Union.’

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OUT-LAW.com, 30th March 2017

Source: www.out-law.com

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Recent Statutory Instruments – legislation.gov.uk

Posted March 30th, 2017 in legislation by Verity

The Non-Domestic Rating (Rates Retention) and (Levy and Safety Net) (Amendment) Regulations 2017

The Enactment of Extra-Statutory Concessions Order 2017

The Taxes (Base Erosion and Profit Shifting) (Country-by-Country Reporting) (Amendment) Regulations 2017

The Electricity and Gas (Internal Markets) Regulations 2017

The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017

The Town and Country Planning (Blight Provisions) (England) Order 2017

Source: www.legislation.gov.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted March 29th, 2017 in legislation by tracey

The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2017

The Welfare Reform Act 2012 (Commencement No. 9 and 21 and Transitional and Transitory Provisions (Amendment)) Order 2017

The Policing and Crime Act 2017 (Commencement No. 2) Regulations 2017

The United Nations and European Union Financial Sanctions (Linking) Regulations 2017

The Finance Act 2015, Section 54(3) (Appointed Day) Regulations 2017

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2017

The European Political Parties and European Political Foundations Regulations 2017

The Enterprise Act 2016 (Commencement No. 4 and Appointed Start Date) Regulations 2017

source: www.legislation.gov.uk

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Brian Christopher Jones: The Government’s Quandary: “Great”, or Ordinary, Repeal – UK Constitutional Law Association

Posted March 28th, 2017 in bills, constitutional reform, drafting, EC law, legislation, news, repeals, treaties by sally

‘The government would certainly prefer a “great” repeal, but they would be wise to make it an ordinary one. Four years ago I published an analysis piece in Public Law (April 2013) about the need to prevent political language in legislation, and especially in relation to statutory titles. In short, I could find little guidance in a host of official Parliamentary and drafting documents that would curtail overtly political statutory language, and especially in the presentational aspects of bills and statutes, such as short titles. When it came down to it, if a minister desired a particular title for their Bill, they could strong-arm drafters into getting their way—although, there could be pushback from House Authorities, such as the Speaker. The most recent version of Erskine May (2011) notes that short titles must “describe the bill in a straightforwardly factual manner. An argumentative title or slogan is not permitted” (p 526). In reality, however, ministers “may for presentational reasons have strong views about the short title and the structure of the bill”, and attempt to assert their authority (Cabinet Office Guide to Making Legislation, 9.71). Indeed, it is this unique convergence of law and policy that makes the process of drafting so interesting.’

Full story

UK Constitutional Law Association, 28th March 2017

Source: www.ukconstitutionallaw.org

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Recent Statutory Instruments – legislation.gov.uk

Posted March 27th, 2017 in legislation by tracey

The Individual Savings Account (Amendment No. 2) Regulations 2017

The Serious Crime Act 2015 (Commencement No. 6) Regulations 2017

The Water Supply Licence and Sewerage Licence (Modification of Standard Conditions) Order 2017

The Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017

The Town and Country Planning (Brownfield Land Register) Regulations 2017

The Town and Country Planning (Permission in Principle) Order 2017

The Offshore Installations (Safety Zones) (No. 2) Order 2017

The National Minimum Wage (Amendment) Regulations 2017

The Nuclear Industries Security (Amendment) Regulations 2017

The Water Act 2014 (Commencement No. 9 and Transitional Provisions) Order 2017

The Childcare (Provision of Information About Young Children) (England) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

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Court of Appeal ruling prompts renewed no-fault divorce plea – Law Society’s Gazette

Posted March 27th, 2017 in appeals, divorce, families, legislation, news by tracey

‘The Court of Appeal has acknowledged that a wife who today lost her appeal to overturn the Central Family Court’s refusal to grant her a divorce will be left in a “very unhappy situation”, prompting renewed calls for “outdated” divorce law to be reformed.’

Full story

Law Society’s Gazette, 24th March 2017

Source: www.lawgazette.co.uk

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Ilott – Upholding Testamentary Freedom – Family Law Week

‘Mark Jones, barrister, Three Dr Johnson’s Buildings, examines the judgment in the first Inheritance Act appeal to be heard by the Supreme Court and its implications for future claims.’

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Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

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