HRA Watch: Reform, Repeal, Replace? Mark Elliott: Could the Devolved Nations Block Repeal of the Human Rights Act and the Enactment of a New Bill of Rights? – UK Constitutional Law Association

‘In my last post on the proposed repeal of the Human Rights Act 1998 and the enactment of a British Bill of Rights, I considered the extent to which the House of Lords might thwart the Government’s plans. My conclusion was that the Lords might plausibly assert itself so as to delay the legislation, traditional understandings of the Salisbury Convention notwithstanding, but that the Parliament Act 1911 clearly deprives the Lords of any absolute veto. What, however, of the devolved nations? Could they block the implementation of the UK Government’s proposals?’

Full story

UK Constitutional Law Association, 16th May 2015

Source: www.ukconstitutionallaw.org

Modern Slavery Act 2015—the first steps in the right direction – Halsbury’s Law Exchange

Posted May 5th, 2015 in legislation, news, trafficking in human beings by sally

‘The Modern Slavery Act 2015 (MSA 2015) was one of the last bills to receive Royal Assent before Parliament was dissolved for the election. Schona Jolly, head of her chambers at Cloisters’ human rights group, considers the new law and its shortfalls.’

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Halsbury’s Law Exchange, 1st May 2015

Source: www.halsburyslawexchange.co.uk

Senior judge says the UK needs a new Copyright Act – OUT-LAW.com

Posted April 30th, 2015 in copyright, EC law, intellectual property, internet, judges, legislation, news, speeches by sally

‘The UK government should create a new Copyright Act to address changes in technology, developments internationally and in the EU and a range of problems and issues that have arisen with existing UK copyright laws since they were introduced in 1988, a senior judge has said.’

Full story

OUT-LAW.com, 29th April 2015

Source: www.out-law.com

Procedure – 39 Essex Chambers

‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.

Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

Two key changes to familiar three letter acronyms – EIA and CIL – 39 Essex Chambers

Posted April 29th, 2015 in EC law, environmental health, legislation, news, planning by sally

‘As the planning world turns its attention to the upcoming election and wonders what the future holds post 7 May 2015, it would be wise not to overlook the significance of today: 6 April. Two notable changes to environmental and planning law came into force this morning and they will be likely significantly to impact large development proposals across the country. They may, in turn, become the subject of litigation in the future. I discuss each below.’

Full story

39 Essex Chambers, April 2015

Source: www.39essex.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 21st, 2015 in legislation by sally

SI 2015/914 – The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015

SI 2015/1001 – The Civil Enforcement of Parking Contraventions (England) General (Amendment No. 2) Regulations 2015

SI 2015/1027 – The Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2015
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Supply and Appropriation (Anticipation and Adjustments) Act 2015 – legislation.gov.uk

Posted April 7th, 2015 in budgets, legislation by sally

Supply and Appropriation (Anticipation and Adjustments) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Finance Act 2015 – legislation.gov.uk

Posted April 7th, 2015 in budgets, legislation by sally

Finance Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

International Development (Official Development Assistance Target) Act 2015 – legislation.gov.uk

Posted April 7th, 2015 in budgets, charities, legislation, United Nations by sally

International Development (Official Development Assistance Target) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Mutuals’ Deferred Shares Act 2015 – legislation.gov.uk

Posted April 2nd, 2015 in insurance, legislation, shareholders by sally

Mutuals’ Deferred Shares Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

House of Lords (Expulsion and Suspension) Act 2015 – legislation.go.uk

Posted April 2nd, 2015 in constitutional law, legislation, parliament, peerages & dignities by sally

House of Lords (Expulsion and Suspension) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

The Care Act 2014: Carer’s Needs and Eligibility – Doughty Street Chambers

Posted April 2nd, 2015 in carers, disabled persons, elderly, legislation, news, social services by sally

‘This paper considers the eligibility criteria in relation to carers under the Care
Act 2014 (“the Act”), and what duties and powers local authorities are under
to meet eligible needs. The eligibility provisions in the Act are augmented by
the Care and Support Statutory Guidance of October 2014 (“the Guidance”),
Chapter 6, Assessment and eligibility.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Introduction to the Care Act 2014 – Doughty Street Chambers

‘This paper deals with the following issues:
a. Establishing ordinary residence
b. Dispute resolution mechanism
c. Financial adjustment between local authorities
d. Prisoners
e. Challenges and appeals.’

Full story (PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Consumer Rights Act 2015 – legislation.gov.uk

Posted April 2nd, 2015 in consumer protection, legislation by sally

Consumer Rights Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

The Care Act 2014: Overview of the Act and the New “General Responsibilities – Doughty Street Chambers

‘This paper gives an overview of the structure and objectives of the Care Act
2014 (“the Act”). It also considers the new “general responsibilities” on local
authorities set out in sections one to seven of the Act.’

Full story
(PDF)

Doughty Street Chambers, March 2015

Source: www.doughtystreet.co.uk

Specialist Printing Equipment and Materials (Offences) Act 2015 – legislation.gov.uk

Posted April 2nd, 2015 in documents, forgery, legislation by sally

Specialist Printing Equipment and Materials (Offences) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Self-build and Custom Housebuilding Act 2015 – legislation.gov.uk

Posted April 2nd, 2015 in construction industry, housing, legislation by sally

Self-build and Custom Housebuilding Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Lords Spiritual (Women) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in clergy, legislation, peerages & dignities, women by sally

Lords Spiritual (Women) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Armed Forces (Service Complaints and Financial Assistance) Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in armed forces, complaints, financial provision, legislation by sally

Armed Forces (Service Complaints and Financial Assistance) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Deregulation Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in legislation, repeals by sally

Deregulation Act 2015 published

Full text of Act

Source: www.legislation.gov.uk