legislation – Page 56 – Current Awareness

‘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Family Court’s refusal to grant her a divorce will be left in a “very unhappy situation”, prompting renewed calls for “outdated” divorce law to be reformed.’

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Law Society’s Gazette, 24th March 2017

Source: www.lawgazette.co.uk

Ilott – Upholding Testamentary Freedom – Family Law Week

Posted March 27th, 2017 in appeals, charities, financial provision, judgments, legislation, news, statutory interpretation, Supreme Court, wills by sally

‘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

Maintenance, Needs and Fairness – Family Law Week

Posted March 27th, 2017 in divorce, financial provision, legislation, news, periodical payments, Scotland by sally

‘Amy Scollan, Associate, Hunters Solicitors considers the issue of “fairness” in relation to maintenance and variations of maintenance.’

Full story

Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 24th, 2017 in legislation by sally

The National Health Service (Mandate Requirements) Regulations 2017

The Gas and Electricity (Consumer Complaints Handling Standards) (Amendment) Regulations 2017

The Universal Credit (Tenant Incentive Scheme) Amendment Regulations 2017

The Limited Liability Partnerships (Reporting on Payment Practices and Performance) Regulations 2017

The National Health Service Trusts (Trust Funds: Appointment of Trustees) (Revocation) and the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) (Amendment) Order 2017

The Immigration (Health Charge) (Amendment) Order 2017

The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

The Reporting on Payment Practices and Performance Regulations 2017

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2017

The Immigration and Nationality (Fees) (Amendment) Order 2017

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2017

The Financial Services and Markets Act 2000 and the Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) (Amendment) Regulations 2017

The Corporation Tax (Treatment of Unrelieved Surplus Advance Corporation Tax) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Mental Capacity and Deprivation of Liberty: Law Commission Report Summary – Halsbury’s Law Exchange

Posted March 22nd, 2017 in care homes, deprivation of liberty safeguards, hospitals, human rights, Law Commission, learning difficulties, legislation, local government, mental health, news, reports by sally

‘Thousands of vulnerable people with dementia and learning disabilities are being detained in hospitals and care homes without the appropriate checks, due to a law unfit for purpose according to the Law Commission.’

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Halsbury’s Law Exchange, 13th March 2017

Source: www.halsburyslawexchange.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 21st, 2017 in legislation by sally

The Investment Bank (Amendment of Definition) and Special Administration (Amendment) Regulations 2017

The Sovereign Grant Act 2011 (Change of Percentage) Order 2017

The Tobacco Products and Herbal Products for Smoking (Fees) Regulations 2017

The National Health Service (Charges for Drugs and Appliances and Dental Charges) (Amendment) Regulations 2017

The Deregulation Act 2015 (Birmingham City Council Act 1985) (Repeal) Regulations 2017

The Policing and Crime Act 2017 (Commencement No. 1 and Transitional Provisions) Regulations 2017

The Road Traffic Act 1988 (Motor Racing) (England) Regulations 2017

The Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) (Amendment) Regulations 2017

The Non-Domestic Rating (Alteration of Lists and Appeals) (England) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 20th, 2017 in legislation by sally

The Pension Schemes (Categories of Country and Requirements for Overseas Pension Schemes and Recognised Overseas Pension Schemes) (Amendments) Regulations 2017

The Registered Pension Schemes (Authorised Payments) (Amendment) Regulations 2017

The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2017

The Pension Schemes Act 2015 (Judicial Pensions) (Consequential Provision) Regulations 2017

The Town and Country Planning (Compensation) (England) (Amendment) Regulations 2017

The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017

The Social Security (Invalid Care Allowance) (Amendment) Regulations 2017

The Immigration Act 2016 (Commencement No. 3 and Transitional Provision) Regulations 2017

The Riot Compensation Act 2016 (Commencement) Regulations 2017

The Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017

The State Pension Debits and Credits (Revaluation) Order 2017

The Riot Compensation Regulations 2017

The Deregulation Act 2015 (Commencement No. 7) Order 2017

Source: www.legislation.gov.uk

New Acts – legislation.gov.uk

Posted March 20th, 2017 in legislation by sally

European Union (Notification of Withdrawal) Act 2017

Supply and Appropriation (Anticipation and Adjustments) Act 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 20th, 2017 in legislation by sally

The Social Security (Contributions) (Rates, Limits and Thresholds Amendments and National Insurance Funds Payments) Regulations 2017

The Tax Credits and Guardian’s Allowance Up-rating etc. Regulations 2017

The Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017

The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2017

The Child Tax Credit (Amendment) Regulations 2017

The Housing and Planning Act 2016 (Consequential Provisions) (England) Regulations 2017

The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2017

The Rent Repayment Orders and Financial Penalties (Amounts Recovered) (England) Regulations 2017

The Planning (Hazardous Substances) (Amendment) Regulations 2017

The Small Business, Enterprise and Employment Act 2015 (Commencement No. 6 and Transitional and Savings Provisions) Regulations 2016 (Amendment) Regulations 2017

The Equality Act 2010 (Taxis and Private Hire Vehicles) (Passengers in Wheelchairs – Notices of Exemption) Regulations 2017

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2017

The North Korea (United Nations Sanctions) (Amendment) Order 2017

The Oil and Gas Authority (Fees and Petroleum Licensing) (Amendment) Regulations 2017

The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017

The Pensions Increase (Modification) Regulations 2017

The Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2017

The Income Tax (Pay As You Earn) (Amendment) Regulations 2017

The Family Procedure (Amendment) Rules 2017

The Guardian’s Allowance Up-rating Regulations 2017

The Licensing Act 2003 (Miscellaneous Amendments) Regulations 2017

The Bereavement Support Payment Regulations 2017

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 17th, 2017 in legislation by sally

The Insolvency (England and Wales) Rules 2016 (Consequential Amendments and Savings) Rules 2017

The Insolvency (England and Wales) (Amendment) Rules 2017

The Corporation Tax Act 2010 (Part 8C) (Amendment) Regulations 2017

The Childcare (Miscellaneous Amendments) Regulations 2017

The Business Impact Target (Relevant Regulators) Regulations 2017

The Deregulation Act 2015 (Commencement No. 7) Order 2017

The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017

The Freight Containers (Safety Convention) Regulations 2017

The Pension Protection Fund (Modification) (Amendment) Regulations 2017

The Oil and Gas Authority (Levy) Regulations 2017

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) (No. 2) Regulations 2017

The Non-Domestic Rating (Designated Areas etc.) Regulations 2017

The Road Traffic Offenders (Additional Offences) Order 2017

The Social Security Revaluation of Earnings Factors Order 2017

The Harbour Directions (Designation of Harbour Authorities) Order 2017

The Economic Growth (Regulatory Functions) Order 2017

The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017

The Capital Gains Tax (Annual Exempt Amount) Order 2017

The Social Security (Miscellaneous Amendments No. 2) Regulations 2017

The Occupational Pension Schemes and Social Security (Schemes that were Contracted-out and Graduated Retirement Benefit) (Miscellaneous Amendments) Regulations 2017

The Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017

The Wales Act 2017 (Commencement No. 1) Regulations 2017

The Social Security Benefits Up-rating Regulations 2017

The Universal Credit (Reduction of the Earnings Taper Rate) Amendment Regulations 2017

The Enterprise Act 2016 (Commencement No. 3) Regulations 2017

The Ecclesiastical Offices (Terms of Service) (Amendment) Regulations 2017

The Church of England Pensions (Amendment) Regulations 2017

The Legal Officers (Annual Fees) Order 2016

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 16th, 2017 in legislation by sally

The Finance Act 2016, Section 113(1) to (4) (Commencement) Regulations 2017

The Employers’ Duties (Implementation) (Amendment) Regulations 2017

The Penalties Relating to Offshore Matters and Offshore Transfers (Additional Information) Regulations 2017

The Taxation of Northern Ireland Welfare Supplementary Payments Regulations 2017

The Further Education Loans (Amendment) Regulations 2017

The Asset-based Penalty for Offshore Inaccuracies and Failures (Reductions for Disclosure and Co-operation) Regulations 2017

The Childcare Act 2006 (Provision of Information to Parents) (England) (Amendment) (No. 2) Regulations 2017

The Landfill Tax (Amendment) Regulations 2017

The Turks and Caicos Islands (Finance) Order 2017

The Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2017

The Health and Safety (Miscellaneous Amendments and Revocation) Regulations 2017

The Gambling (Operating Licence and Single-Machine Permit Fees) Regulations 2017

The Gambling (Personal Licence Fees) (Amendment) Regulations 2017

The Pensions Act 2014 (Pension Protection Fund: Increased Compensation Cap for Long Service) (Pension Compensation Sharing on Divorce) (Transitional Provision) Order 2017

The Pensions Act 2014 (Commencement No.10) Order 2017

The Criminal Procedure (Amendment No. 2) Rules 2017

The Social Security (Fees Payable by Qualifying Lenders) (Amendment) Regulations 2017

The Deregulation Act 2015 (Growth Duty Guidance) Order 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 16th, 2017 in legislation by sally

The Trade Union (Facility Time Publication Requirements) Regulations 2017

The Nursing and Midwifery (Amendment) Order 2017

The Infrastructure Planning Fees (Amendment) Regulations 2017

The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2017

The Social Security (Miscellaneous Amendments) Regulations 2017

The Policing and Crime Act 2017 (Possession of Pyrotechnic Articles at Musical Events) Regulations 2017

The Taxes (Interest Rate) (Amendment) Regulations 2017

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2017

The Social Security (Social Care Wales) (Amendment) Regulations 2017

The Seeds (Miscellaneous Amendments) (England) Regulations 2017

The Civil Enforcement of Parking Contraventions Designation and Consequential Amendment Order 2017

The Social Fund (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 14th, 2017 in legislation by sally

The Infrastructure Act 2015 (Commencement No. 7) Regulations 2017

The Value Added Tax (Amendment) Regulations 2017

The Income Tax (Relevant Maximum for Calculating Trade Profits on the Cash Basis) Order 2017

The Investment Allowance and Cluster Area Allowance (Investment Expenditure) Regulations 2017

The Value Added Tax (Increase of Registration Limits) Order 2017

The Trade Union (Facility Time Publication Requirements) Regulations 2017

The Nursing and Midwifery (Amendment) Order 2017

The Infrastructure Planning Fees (Amendment) Regulations 2017

The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2017

The Social Security (Miscellaneous Amendments) Regulations 2017

The Policing and Crime Act 2017 (Possession of Pyrotechnic Articles at Musical Events) Regulations 2017

The Taxes (Interest Rate) (Amendment) Regulations 2017

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2017

The Social Security (Social Care Wales) (Amendment) Regulations 2017

The Seeds (Miscellaneous Amendments) (England) Regulations 2017

The Civil Enforcement of Parking Contraventions Designation and Consequential Amendment Order 2017

The Social Fund (Amendment) Regulations 2017

Source: www.legislation.gov.uk

SRA decision to hold board meetings in private “may breach Legal Services Act” – Legal Futures

Posted March 13th, 2017 in codes of practice, legislation, news, privacy, solicitors, Solicitors Regulation Authority by sally

‘The decision by the Solicitors Regulation Authority to close its meetings to public and press scrutiny appears to be contrary to its obligations under the Legal Services Act 2007 (LSA), a leading regulatory solicitor has said.’

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Legal Futures, 13th March 2017

Source: www.legalfutures.com

Human Rights Act should not be used to sue police, Home Office to argue in landmark Supreme Court appeal – Daily Telegraph

Posted March 13th, 2017 in compensation, duty of care, human rights, legislation, London, news, police, rape, Supreme Court, victims by sally

‘Victims of serious crime should not be allowed to use the Human Rights Act to sue the police, the Home Office will argue on Monday in a landmark Supreme Court appeal.’

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Daily Telegraph, 13th March 2017

Source: www.telegraph.co.uk

Mark Elliott and Stephen Tierney: The ‘Great Repeal Bill’ and Delegated Powers – UK Constitutional Law Association

Posted March 9th, 2017 in bills, constitutional law, constitutional reform, legislation, news, parliament, repeals, reports by sally

‘A good deal of the legal and constitutional interest generated by Brexit has so far, perhaps unsurprisingly, focussed upon the very beginning of the withdrawal process. Initially, all eyes were on the courts, with the Supreme Court holding in R (Miller) v Secretary of State for the European Union [2017] UKSC 5 that the Article 50 mechanism can be activated only with Parliament’s legislative blessing. As a result of that landmark judgment, attention has now switched to Parliament, through which the European Union (Notification of Withdrawal) Bill is presently passing.’

Full story

UK Constitutional Law Association, 7th March 2017

Source: www.ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 8th, 2017 in legislation by sally

The Public Record Office (Fees) Regulations 2017

The Housing and Planning Act 2016 (Commencement No. 5, Transitional Provisions and Savings) Regulations 2017

The Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017

The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Reforms to cross-examination by alleged abusers in the Prisons and Courts Bill – Family Law Week

Posted March 8th, 2017 in cross-examination, domestic violence, judges, legislation, news, practice directions, trials, victims, witnesses by sally

‘Mark Roscoe, barrister of The 36 Group, outlines the provisions which the Government proposes to insert into section 31 of the Matrimonial and Family Proceedings Act 1984.’

Full story

Family Law Week, 7th March 2017

Source: www.familylawweek.co.uk