Category: legislation
Recent Statutory Instruments – legislation.gov.uk
The Greater Manchester Combined Authority (Functions and Amendment) Order 2017
The Combined Authorities (Finance) Order 2017
The International Tax Compliance (Amendment) Regulations 2017
The Tax Credits (Claims and Notifications) (Amendment) Regulations 2017
The Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2017
The Designation of Schools Having a Religious Character (England) Order 2017
The Major Sporting Events (Income Tax Exemption) Regulations 2017
The Social Security (Miscellaneous Amendments No. 3) Regulations 2017
The Child Benefit (General) (Amendment) Regulations 2017
The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017
The Education (Postgraduate Master’s Degree Loans) (Amendment) Regulations 2017
The Horserace Betting Levy Regulations 2017
Source: www.legislation.gov.uk
Recent Statutory Instruments – legislation.gov.uk
The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017
The Prison (Amendment) Rules 2017
The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017
The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017
The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017
Source: www.legislation.gov.uk
Recent Statutory Instruments – legislation.gov.uk
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
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”.’
UK Constitutional Law Association, 12th April 2017
Source: www.ukconstitutionallaw.org
Recent Statutory Instruments – legislation.gov.uk
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.’
UK Human Rights Blog, 7th April 2017
Source: www.ukhumanrightsblog.com
Recent Statutory Instruments – legislation.gov.uk
Is CSR making a move from ‘soft law’ to ‘hard law’? – Six Pump Court
‘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
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.’
Law & Religion UK, 5th April 2017
Source: www.lawandreligionuk.com
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.’
OUT-LAW.com, 4th April 2017
Source: www.out-law.com
Recent Statutory Instruments – legislation.gov.uk
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 Water Act 2014 (Consequential Amendments etc.) Order 2017
The Judicial Pensions (Amendment) Regulations 2017
Source: www.legislation.gov.uk
BREXIT: UK government seeking time limited power to ‘correct’ post-Brexit statute book – OUT-LAW.com
‘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.’
OUT-LAW.com, 30th March 2017
Source: www.out-law.com
Recent Statutory Instruments – legislation.gov.uk
The Non-Domestic Rating (Rates Retention) and (Levy and Safety Net) (Amendment) Regulations 2017
The Enactment of Extra-Statutory Concessions Order 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
Recent Statutory Instruments – legislation.gov.uk
The Industrial Training Levy (Engineering Construction Industry Training Board) 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
Brian Christopher Jones: The Government’s Quandary: “Great”, or Ordinary, Repeal – UK Constitutional Law Association
‘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.’
UK Constitutional Law Association, 28th March 2017
Source: www.ukconstitutionallaw.org
