legislation – Page 49 – Current Awareness

‘The Psychoactive Substances Act 2016 (“PSA”) came into force on 26th May 2016. This article aims to give an outline of the PSA and an analysis of sentencing practice under the statute.’

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Drystone Chambers, 3rd November 2017

Source: drystone.com

Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers

Posted November 22nd, 2017 in adverse possession, land registration, legislation, limitations, news, statutory interpretation, time limits, trespass by sally

‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’

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Hardwicke Chambers, 9th November 2017

Source: www.hardwicke.co.uk

The New POCA Frontier: Bitcoin and Electronic Currency, Shaping Asset Recovery in the 21st Century – Drystone Chambers

Posted November 22nd, 2017 in assets recovery, cryptocurrencies, electronic commerce, legislation, news, proceeds of crime, proportionality, restraint orders by sally

‘The question of whether the Proceeds of Crime Act 2002 (POCA) can be used to deal with Bitcoins¹ and electronic currencies has been the subject of some speculation by specialist practitioners recently. In my view it can be utilised, but it is not ideal. I will not deal with the technical difficulties in finding bitcoin accounts; what I will concentrate on in this article is finding the correct legal tools to recover the assets and what other options are available when it does not work.’

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Drystone Chambers, 23rd October 2017

Source: drystone.com

New Acts – legislation.gov.uk

Posted November 21st, 2017 in legislation by sally

Air Travel Organisers’ Licensing Act 2017

Finance (No. 2) Act 2017

Northern Ireland Budget Act 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 21st, 2017 in legislation by sally

The Insolvency (Miscellaneous Amendments) Regulations 2017

The Misuse of Drugs (Designation) (Amendment) (No. 2) (England, Wales and Scotland) Order 2017

The Misuse of Drugs (Amendment) (No. 2) (England, Wales and Scotland) Regulations 2017

The Insolvency (England and Wales) and Insolvency (Scotland) (Miscellaneous and Consequential Amendments) Rules 2017

The Dentists Act 1984 (Medical Authorities) Order 2017

The Occupational Pensions (Revaluation) Order 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 16th, 2017 in legislation by sally

The Childcare Payments Act 2014 (Commencement No. 5) Regulations 2017

The Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2017

The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2017

The Childcare Payments (Eligibility) (Amendment) Regulations 2017

The Patents and Patents (Fees) (Amendment) Rules 2017

The Childcare Payments (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 15th, 2017 in legislation by sally

The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017

The General Anti-Abuse Rule Procedure (Amendment) Regulations 2017

The Individual Savings Account (Amendment No. 3) Regulations 2017

The Regulation of Social Housing (Influence of Local Authorities) (England) Regulations 2017

The Venezuela (European Union Financial Sanctions) Regulations 2017

The Traffic Signs (Amendment) (England and Wales) Regulations and General Directions 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 13th, 2017 in legislation by sally

The Teachers’ Pensions Schemes (Miscellaneous Amendments) Regulations 2017

The Infrastructure Planning (Compulsory Acquisition) (Amendment) (No. 2) Regulations 2017

The Planning Act 2008 (Commencement No. 3) (England) Order 2017

The Coroners and Justice Act 2009 (Alteration of Coroner Areas) (No. 2) Order 2017

The Cultural Property (Armed Conflicts) Act 2017 (Commencement) Regulations 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 8th, 2017 in legislation by sally

The Central Securities Depositories Regulations 2017

The Corporation Tax (Instalment Payments) (Amendment) Regulations 2017

The United Nations and European Union Financial Sanctions (Linking) (Amendment) (No. 2) Regulations 2017

The Wales Act 2017 (Commencement No. 3) Regulations 2017

Source: www.legislation.gov.uk

Financial claims for children following parental separation: child maintenance and Schedule 1 – Family Law

Posted November 6th, 2017 in child support, judges, legislation, news, statutory interpretation by sally

‘In the recent case of Green v Adams [2017] EWFC 24 Mr Justice Mostyn discussed the constraints of child support and the perceived shortcomings in the latest child maintenance regime (introduced by the Child Maintenance and Other Payments Act 2008).’

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Family Law, 3rd Niovember 2017

Source: www.familylaw.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 3rd, 2017 in legislation by sally

The Communications Act 2003 (Commencement No. 5) Order 2017

The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017

The Technical and Further Education Act 2017 (Commencement No. 2 and Transitional Provision) Regulations 2017

The Electricity Capacity (Amendment) Regulations 2017

The Electricity Supplier Obligations (Amendment and Excluded Electricity) (Amendment) Regulations 2017

The Environmental Offences (Fixed Penalties) (England) Regulations 2017

The General Medical Council (Miscellaneous Amendments) Order of Council 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 2nd, 2017 in legislation by sally

The Mental Health Review Tribunal for Wales (Amendment and constitution of tribunals) Rules 2017

The Mental Health Act 2007 (Commencement No. 12 and Transitional Provisions) Order 2017

The Judicial Appointments and Discipline (Amendment and Addition of Offices) Order 2017

The Conservation of Offshore Marine Habitats and Species Regulations 2017

The Conservation of Habitats and Species Regulations 2017

Source: www.legislation.gov.uk

Legal Aid, Sentencing and Punishment of Offenders Act 2012: Post-Legislative Memorandum – Ministry of Justice

Posted November 2nd, 2017 in legal aid, legislation, press releases, reports, sentencing by sally

‘This document serves as the post-legislative memorandum for Parts 1, 2 and 3 of LASPO. It is being published with regard to the post-legislative scrutiny process. The memorandum was presented to the Justice Select Committee on 30 October 2017.’

Full press release

Ministry of Justice, 30th October 2017

Source: www.gov.uk/government/organisations/ministry-of-justice