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

‘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

‘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

‘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.’

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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

‘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.’

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Family Law Week, 7th March 2017

Source: www.familylawweek.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 7th, 2017 in legislation by sally

The Finance Act 2016, Section 164 (Appointed Day) Regulations 2017

The Social Security Benefits Up-rating Order 2017

The Finance Act 2016, Schedule 21 (Appointed Days) Regulations 2017

The Universal Credit (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations 2017

The Childcare Act 2006 (Provision of Information to Parents) (England) (Amendment) Regulations 2017

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2017

The Public Service Pensions Revaluation Order 2017

The Guaranteed Minimum Pensions Increase Order 2017

The National Health Service (Direct Payments) (Amendment) Regulations 2017

The Finance Act 2016, Schedule 22 (Appointed Days) Regulations 2017

The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2017

The Water Supply and Sewerage Services (Customer Service Standards) (Amendment) Regulations 2017

The Sewerage Services (Exception from Sewerage System Prohibition) (England) Regulations 2017

The Code of Practice (Picketing) Order 2017

The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2017

Source: www.legislation.gov.uk

What do immigration officers look for when assessing visit visa applications? – Free Movement

‘In the year to September 2016, UK immigration authorities received almost 2 million applications for visit visas. Just over 15% of these applications were rejected.’

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Free Movement, 6th March 2017

Source: www.freemovement.org.uk

New costs cap regime in force for environmental cases – OUT-LAW.com

‘Courts in England and Wales have new powers to change the maximum cost liabilities that those challenging environmental decisions of public bodies’ through judicial review could be exposed to under new rules that are now in force.’

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OUT-LAW.com, 3rd March 2017

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 3rd, 2017 in legislation by sally

The Crime and Courts Act 2013 (Commencement No. 17, Transitional and Savings Provisions) Order 2017

The Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2017

The Code of Practice (Industrial Action Ballots and Notice to Employers) Order 2017

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

The Communications (Television Licensing) (Amendment) Regulations 2017

The National Health Service Commissioning Board (Additional Functions) Regulations 2017

The Occupational and Personal Pension Schemes (General Levy) (Amendment) Regulations 2017

The Offshore Funds (Tax) (Amendment) Regulations 2017

The Health and Safety (Miscellaneous Amendments) Regulations 2017

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

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2017

The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017

The Medical Devices (Fees Amendment) Regulations 2017

The Guaranteed Minimum Pensions Increase Order 2017

Source: www.legislation.gov.uk

Statutory Instruments – legislation.gov.uk

Posted March 1st, 2017 in legislation by sally

The Employment and Support Allowance (Exempt Work & Hardship Amounts) (Amendment) Regulations 2017

The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017

The Homes and Communities Agency (Transfer of Property etc) Regulations 2017

The Universal Credit (Surpluses and Self-employed Losses) (Change of coming into force) Regulations 2017

The Electricity (Applications for Consent) (Amendment) (England and Wales) Regulations 2017

The Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Charges) (England and Wales) (Amendment) Regulations 2017

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

The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) (Amendment) Regulations 2017

The Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 (Amendment) Regulations 2017

The Damages (Personal Injury) Order 2017

The National Health Service Commissioning Board (Additional Functions) Regulations 2017

Source: www.legislation.gov.uk

New Acts – legislation.gov.uk

Posted February 28th, 2017 in legislation by sally

Cultural Property (Armed Conflicts) Act 2017

High Speed Rail (London – West Midlands) Act 2017

Commonwealth Development Corporation Act 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 28th, 2017 in legislation by sally

The Criminal Justice and Courts Act 2015 (Commencement No. 6) Order 2017

The Individual Savings Account (Amendment) Regulations 2017

The Child Trust Funds (Amendment) Regulations 2017

The Emergency Powers (Overseas Territories) Order 2017

The Employment Rights (Increase of Limits) Order 2017

The Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2017

The Patents (Isle of Man) (Amendment) Order 2017

The Courts Act 2003 (Amendment) Order 2017

The Social Security (Personal Independence Payment) (Amendment) Regulations 2017

The Export Control (Amendment) (No. 2) Order 2017

The Civil Legal Aid (Immigration Interviews) (Exceptions) (Amendment) Regulations 2017

The Court of Protection (Amendment) Rules 2017

The Social Security (Income-Related Benefits) Amendment Regulations 2017

The Universal Credit (Benefit Cap Earnings Exception) Amendment Regulations 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 27th, 2017 in legislation by sally

The Trade Union Act 2016 (Commencement No. 3 and Transitional) Regulations 2017

The Important Public Services (Border Security) Regulations 2017

The Important Public Services (Transport) Regulations 2017

The Important Public Services (Education) Regulations 2017

The Important Public Services (Health) Regulations 2017

The Trade Union Act 2016 (Political Funds) (Transition Period) Regulations 2017

The Personal Injuries (Civilians) Scheme (Amendment) Order 2017

The Defence Science and Technology Laboratory Trading Fund (Revocation) Order 2017

The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2017

The Important Public Services (Fire) Regulations 2017

The Social Security (Reciprocal Agreements) Order 2017

The Inspectors of Education, Children’s Services and Skills Order 2017

The Terrorist Asset-Freezing etc. Act 2010 (Overseas Territories) (Amendment) Order 2017

The Criminal Procedure (Amendment) Rules 2017

The Democratic Republic of the Congo (Sanctions) (Overseas Territories) (Amendment) Order 2017

The Railway Pensions (Substitution) (Amendment) Order 2017

The National Health Service Litigation Authority (Amendment) Regulations 2017

The Plant Health (Sweet Chestnut Blight) (England) Order 2017

The Assisted Areas (Amendment) Order 2017

The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017

The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2017

Source: www.legislation.gov.uk

Surrogacy Law /HFEA Update (February 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy cases in this jurisdiction, developments in the European Court of Human Rights, calls for law reform and recent judgments concerning administrative errors by fertility clinics.’

Full story

Family Law Week, 22nd February 2017

Source: www.familylawweek.co.uk

Why pass FOI laws? The politics of freedom of information – The Constitution Unit

Posted February 22nd, 2017 in foreign jurisdictions, freedom of information, legislation, news by sally

‘Why are there now more than 100 freedom of information laws around the world, even though they help opponents and hinder governments? In a new book, published this month by Manchester University Press, Ben Worthy investigates. He concludes that the main reason is that as a symbolic pledge in opposition FOI laws are hard to resist. Once in power these promises are hard to back down from, though experience suggests that proposed laws are often watered down before being enacted. These findings are summarised here.’

Full story

The Constitution Unit, 16th February 2017

Source: www.constitution-unit.com

Miller and the modern British Constitution – Counsel

‘Miller reveals the malleability of the parliamentary sovereignty doctrine, argues Professor Mark Elliott in his examination of the many tensions which lie at the heart of the majority judgment.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

Parental consent not required for section 20 accommodation – Community Care Blog

‘Is it a breach of a local authority’s duty under section 20 of the Children Act 1989, and article 8 of the ECHR, to keep children in foster care without their parent’s consent? This was the question answered by the Court of Appeal in London Borough of Hackney v Williams [2017] EWCA Civ 26.’

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Community Care Blog, 9th February 2017

Source: www.communitycare11kbw.com

Public Sector Exit Payments – Old Square Chambers

Posted February 22nd, 2017 in employment, legislation, news by sally

‘As you may recall, Section 41 of the Enterprise Act 2016 gave the Government the power to issue regulations capping public sector exit payments at £95,000. Although draft regulations were published for “illustrative purposes” to assist the parliamentary debate on what became the Enterprise Act, no further moves were made at the time to implement this cap.’

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Old Square Chambers, 3rd February 2017

Source: www.oldsquare.co.uk

Forfeiture Act 1982: Nothing to do with Section 146 or peaceable re-entry this time – Hardwicke Chambers

Posted February 22nd, 2017 in forfeiture, legislation, mental health, news by sally

‘Imagine receiving instructions from a client that his mother has died intestate but that a sibling had taken the property (the principal asset of the estate) and was not prepared to sell the property and share the proceeds of sale 50 / 50.’

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Hardwicke Chambers, 17th February 2017

Source: www.hardwicke.co.uk

Opposite-sex civil partnerships? Steinfeld & Anor in the Court of Appeal – Law & Religion UK

‘S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. In June 2014 the Coalition Government published the results of its second consultation on the future of civil partnership: Civil Partnership Review (England and Wales) – Report on Conclusions. After considering the responses to that consultation, the Government decided that it would not be making any changes at present.’

Full story

Law & Religion UK, 21st February 2017

Source: www.lawandreligionuk.com