DOCSLIB.ORG

Technical Issues in Charity Law a Consultation Paper Technical Issues in Charity Law Consultation Paper No 220

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Technical Issues in Charity Law a Consultation Paper Technical Issues in Charity Law Consultation Paper No 220 Consultation Paper No 220 Technical Issues in Charity Law A Consultation Paper Law Commission Technical Issues in Charity Law Consultation Paper No 220 Law Commission Consultation Paper No 220 TECHNICAL ISSUES IN CHARITY LAW A Consultation Paper ii THE LAW COMMISSION – HOW WE CONSULT About the Law Commission: The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Rt Hon Lord Justice Lloyd Jones, Chairman, Professor Elizabeth Cooke, Stephen Lewis, Professor David Ormerod QC and Nicholas Paines QC. The Chief Executive is Elaine Lorimer. Topic of this consultation: Technical issues in charity law: changing purposes, amending governing documents and applying property cy-près; regulating charity land transactions and the use of permanent endowment; payments to charity trustees and other non-beneficiaries; incorporation, merger and insolvency; Charity Commission powers; the Charity Tribunal and the courts. Geographical scope: England and Wales. Availability of materials: This Consultation Paper is available on our website at http://lawcommission.justice.gov.uk/consultations/charity-law-technical.htm. Duration of the consultation: We invite responses from 20 March 2015 to 3 July 2015. Website references: All website references in this Consultation Paper were correct on 12 March 2015. Comments may be sent: by email to [email protected] OR by post to James Linney, Law Commission, 1st Floor, Tower, Post Point 1.53, 52 Queen Anne’s Gate, London SW1H 9AG Tel: 020 3334 0200 / Fax: 020 3334 0201 After the consultation: In the light of the responses we receive, we will decide on our final recommendations and present them to Government. Consultation Principles: The Law Commission follows the Consultation Principles set out by the Cabinet Office, which provide guidance on type and scale of consultation, duration, timing, accessibility and transparency. The Principles are available on the Cabinet Office website at https://www.gov.uk/government/publications/consultation-principles-guidance. Information provided to the Law Commission We may publish or disclose information you provide us in response to this consultation, including personal information. For example, we may publish an extract of your response in Law Commission publications, or publish the response in its entirety. We may also be required to disclose the information, such as in accordance with the Freedom of Information Act 2000. If you want information that you provide to be treated as confidential please contact us first, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic disclaimer generated by your IT system will not be regarded as binding on the Law Commission. The Law Commission will process your personal data in accordance with the Data Protection Act 1998. iii THE LAW COMMISSION TECHNICAL ISSUES IN CHARITY LAW A CONSULTATION PAPER CONTENTS Paragraph Page PART 1 INTRODUCTION 1 CHAPTER 1 Introduction 3 Charities 1.3 3 What is a charity? 1.3 3 The size of the charity sector 1.6 3 Public trust and confidence 1.8 4 The background to the project 1.10 4 The different legal forms of charities 1.13 5 Incorporated charities 1.14 5 Companies 1.14 5 Charitable incorporated organisations 1.15 5 Charities incorporated by Act of Parliament 1.16 6 Charities incorporated by Royal Charter 1.17 6 Community benefit societies 1.18 6 Other incorporated charities 1.19 6 Unincorporated charities 1.20 6 Trusts 1.21 7 Unincorporated associations 1.22 7 The statutory definition of a charity 1.23 7 Different categories of charity under the Charities Act 2011 1.24 7 Registered charities 1.25 7 Exempt charities 1.26 8 iv Paragraph Page Excepted charities 1.27 8 Other unregistered charities 1.28 9 Terminology 1.29 9 Charities 1.29 9 Trustees 1.30 9 Governing documents 1.31 9 References 1.32 9 Charity Commission guidance 1.32 9 The structure of this paper 1.34 9 Acknowledgements 1.41 10 PART 2 CHANGING PURPOSES, AMENDING GOVERNING DOCUMENTS 13 AND APPLYING PROPERTY CY-PRÈS CHAPTER 2 Introduction 15 Introduction 2.1 15 The need to amend governing documents to change purposes and 2.3 15 administrative provisions Figure 1: Circumstances in which a charity may need to amend 2.4 16 its governing document Different regimes for amendment 2.6 16 The proceeds of fundraising appeals 2.9 17 CHAPTER 3 The current law 18 Introduction 3.1 18 Existing means to change purposes and other provisions in 3.2 18 governing documents Charitable companies and charitable incorporated organisations 3.3 18 Trusts and unincorporated associations 3.9 20 Statutory power to change a small unincorporated charity’s 3.11 20 purposes v Paragraph Page Statutory power to amend administrative provisions in an 3.16 21 unincorporated charity’s governing document Charity Commission schemes to change purposes and amend 3.20 22 other provisions in a governing document The historical context 3.22 23 Classification of schemes 3.24 23 Cy-près schemes 3.28 24 Situations in which a cy-près scheme may be made 3.28 24 General charitable intention 3.30 26 Considerations when making a cy-près scheme 3.33 27 Administrative schemes 3.36 28 Figure 2: administrative schemes 3.36 28 Publicising schemes 3.37 28 Conclusion 3.38 28 Statutory charities 3.40 29 Figure 3: statutory charities – the section 73 procedure 3.44 30 Figure 4: recent orders under the section 73 procedure 3.46 32 Royal Charter charities 3.48 32 (1) Amending a charity’s Royal Charter 3.50 33 (A) The express power procedure 3.53 33 Figure 5: Royal Charter charities – the express power 3.54 34 procedure (B) The supplemental Charter procedure 3.56 35 Figure 6: Royal Charter charities – the supplemental Charter 3.56 35 procedure (C) The section 68 procedure 3.58 36 (D) Amendment by Act of Parliament 3.62 36 (2) Amending bye-laws 3.63 37 (3) Amending regulations 3.65 37 vi Paragraph Page The basis on which Royal Charter charities hold their property 3.66 37 Summary 3.72 39 CHAPTER 4 Charities incorporated by statute or by Royal 41 Charter: changing purposes and amending governing documents Introduction 4.1 41 Criticisms of the law 4.7 42 Statutory charities 4.7 42 Royal Charter charities 4.10 42 Lord Hodgson’s recommendations 4.16 43 Conclusions 4.17 44 Provisional proposals for reform 4.22 45 The aims of reform 4.22 45 Royal Charter charities 4.24 45 A default amendment power exercisable subject to the Privy 4.24 45 Council’s consent Reallocating provisions between the Royal Charter, bye-laws 4.33 47 and regulations Statutory and Royal Charter charities: a new power to make 4.38 48 minor amendments The form of the new power 4.45 50 (1) Permitted amendments 4.46 50 (2) Should the power be exercisable by the charity trustees or 4.57 52 the Charity Commission? Exercising the new power 4.60 53 Royal Charter charities: combining the guidance approach with a 4.70 55 new power to make minor amendments Reform of existing amendment procedures 4.73 55 Increasing the involvement of the Charity Commission? 4.74 55 Reducing the involvement of the Charity Commission? 4.78 56 Statutory charities: affirmative and negative resolutions 4.82 57 vii Paragraph Page Internal procedures and guidance 4.85 58 Other improvements to the procedures 4.87 58 Special provision for certain statutory and Royal Charter charities 4.93 59 Parochial Church Councils 4.94 59 Higher education institutions 4.98 60 Universities governed by Royal Charter and individual Acts of 4.98 60 Parliament Figure 7: amendment procedures under Acts of Parliament 4.98 60 governing universities Higher education corporations 4.102 62 Should the new amendment power apply to higher education 4.104 63 institutions? Other categories of charities established by statute or Royal 4.111 64 Charter The impact of reform 4.113 65 CHAPTER 5 Other charities: changing purposes and cy-près 66 schemes Introduction 5.1 66 Statutory powers to change, and restrictions on changing, charities’ 5.6 67 purposes Differences between incorporated and unincorporated charities 5.6 67 Should the requirements for incorporated and unincorporated 5.13 68 charities be aligned? Incorporated charities 5.20 70 Unincorporated charities 5.21 70 Extending the power to make cy-près schemes to charity trustees 5.24 71 Figure 8: case study – cy-près scheme made by the Charity 5.28 72 Commission The impact of reform 5.38 73 CHAPTER 6 Other charities: amending governing documents 75 Introduction 6.1 75 viii Paragraph Page Charitable companies and charitable incorporated organisations 6.2 75 Unincorporated charities 6.3 75 Amendment of administrative provisions under section 280 of the 6.4 75 Charities Act 2011 Is section 280 too wide? 6.6 76 Is section 280 too narrow? 6.9 77 Inconsistency between incorporated and unincorporated charities 6.10 78 Conclusion 6.13 78 The impact of reform 6.17 79 CHAPTER 7 Cy-près schemes and the proceeds of 80 fundraising appeals Introduction 7.1 80 The current law 7.4 80 Surplus funds 7.4 80 Failed appeals 7.6 81 Identifiable donors 7.7 81 Unidentifiable donors 7.9 81 Avoiding the difficulties of failed appeals 7.11 82 The current regime 7.13 82 (1) Donors who cannot be identified or found 7.15 83 (2) Donors disclaiming 7.19 83 (3) Donors treated as disclaiming 7.20 83 (4) Cash collections and the proceeds of certain fundraising 7.22 84 activities (5) Return of the donations would be unreasonable 7.23 84 Analysis 7.25 85 National Health Service charities 7.28 85 The difficulties
Load more

Recommended publications
  • Charity News
    Summer 2019 Charity News Thomson Cooper Accountants 3 Castle Court, Carnegie Campus, Dunfermline, Fife, KY11 8PB | Phone. 01383 628800 22 Stafford Street, Edinburgh, EH3 7BD | Phone. 0131 226 2233 [email protected] www.thomsoncooper.com Thomson Cooper Third Sector Round-up On a regular basis we are not just involved in assisting on the accounts and audit of our charity clients, we also help out in many other areas. In the last quarter we have been involved in several charity events and seminars, as presenters, participants and sponsors – • Presented as a trustee at a ‘Meet The Expert’ event • Attended Fife Voluntary Action Volunteering and Voluntary Sector Awards as a category sponsor • A team of 10 staff took on the ‘Tough Mudder’ challenge raising £1,255 for charity • Attended the Scottish Charity Awards • Attended a dementia friends masterclass with Alzheimer Scotland • Promoted Volunteers’ Week 2019 • Promoted Dementia Awareness Week • Attended a networking breakfast event hosted by Crossreach These are just a handful of the many different activities we are involved in within the third sector community. This is feedback we received following a guest speaking slot delivered by Partner Andrew Croxford who had presented at a clients’ expert panel event. “Some folks seemed genuinely surprised that an accountant is also a human and can have a sense of humour – lots of learning for some!!” We hope it shows our team are approachable and have a genuine interest in sharing expertise. For a free initial consultation, please get in touch with us at [email protected] or call 01383 628800. 3 Castle Court | Carnegie Campus | Dunfermline | KY11 8PB | 01383 628800 22 Stafford Street | Edinburgh | EH3 7BD | 0131 226 2233 www.thomsoncooper.com Charity News CHARITY NEWS Our Charity News includes useful guidance on reserves, risk including cyber breaches and the first digital code of practice.
    [Show full text]
  • The British Museum Report and Accounts for the Year
    The British Museum REPOrt AND ACCOUNTS FOR THE YEAR ENDED 31 MARCH 2012 HC 400 £14.75 The British Museum REPOrt AND ACCOUNTS FOR THE YEAR ENDED 31 MARCH 2012 Presented to Parliament pursuant to Museums and Galleries Act 1992 (c.44) S.9(8) Ordered by the House of Commons to be printed 12 July 2012 HC 400 London: The Stationery Office £14.75 The British Museum Account 2011-2012 © The British Museum (2012) The text of this document (this excludes, where present, the Royal Arms and all departmental and agency logos) may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not in a misleading context The material must be acknowledged as The British Museum copyright and the document title specified. Where third party material has been identified, permission from the respective copyright holder must be sought. This publication is also for download at www.official-documents.gov.uk ISBN: 9780102976199 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2481871 07/12 21557 19585 Printed on paper containing 75% recycled fibre content minimum The British Museum Account 2011-2012 Contents Page Trustees’ and Accounting Officer’s Annual Report 3 Chairman’s Foreword 3 Structure, governance and management 5 Constitution and operating environment 5 Governance statement 5 Subsidiaries 10 Friends’ organisations 10 Strategic direction and performance against objectives 10 To manage and research the collection more effectively 10 Collection 10 Conservation
    [Show full text]
  • Gift Aid and Intermediaries
    Gift Aid and Intermediaries Technical Consultation Publication date: 10th August 2016 Closing date for comments: 5th October 2016 Subject of this The Government announced at Autumn Statement 2013 that it would consultation: give intermediaries, operating within the charity sector, a greater role in administering Gift Aid. Scope of this Since then, the Government has published provisions in Finance Bill consultation: 2015 and 2016 to support this aim. The Government has also produced draft secondary legislation which sets out, in detail, the way in which this greater role will work. This consultation sets out those draft Regulations and asks for comments to ensure they achieve the desired outcome. Who should These proposed changes will be of interest to the charity sector, read this: intermediaries who collect donations on the behalf of charities and individuals who donate to charities. Duration: The consultation will run for 8 weeks commencing on 10th August 2016 Lead official: Christopher Maudsley, HM Revenue and Customs How to respond By email please send responses to: or enquire about this [email protected] consultation: By post please send responses to: Intermediaries Consultation Christopher Maudsley Room G45 Charities 100 Parliament Street London SW1A 2BQ Telephone enquiries 03000 518 538 Additional ways The consultation team would be happy to meet with interested parties to be involved: during the consultation period. Please email the team, where there is enough interest a general meeting will be organised in London. After the The Government’s response will be published and draft Regulations will consultation: be made later this year with the intention of coming into effect in April 2017.
    [Show full text]
  • Gift Aid and Reliefs on Donations
    Report by the Comptroller and Auditor General HM Revenue & Customs Gift Aid and reliefs on donations HC 733 SESSION 2013-14 21 NOVEMBER 2013 Our vision is to help the nation spend wisely. Our public audit perspective helps Parliament hold government to account and improve public services. The National Audit Office scrutinises public spending for Parliament and is independent of government. The Comptroller and Auditor General (C&AG), Amyas Morse, is an Officer of the House of Commons and leads the NAO, which employs some 860 staff. The C&AG certifies the accounts of all government departments and many other public sector bodies. He has statutory authority to examine and report to Parliament on whether departments and the bodies they fund have used their resources efficiently, effectively, and with economy. Our studies evaluate the value for money of public spending, nationally and locally. Our recommendations and reports on good practice help government improve public services, and our work led to audited savings of almost £1.2 billion in 2012. HM Revenue & Customs Gift Aid and reliefs on donations Report by the Comptroller and Auditor General Ordered by the House of Commons to be printed on 20 November 2013 This report has been prepared under Section 6 of the National Audit Act 1983 for presentation to the House of Commons in accordance with Section 9 of the Act Amyas Morse Comptroller and Auditor General National Audit Office 19 November 2013 HC 733 London: The Stationery Office £16.00 This study examines how HMRC monitors and evaluates the effectiveness of reliefs on donations, and how it addresses tax avoidance, fraud and error relating to these reliefs.
    [Show full text]
  • United Kingdom Report by Sara Selwood University of Westminster with Maurice Davies, Museums Association
    A Guide to European Museum Statistics United Kingdom Report by Sara Selwood University of Westminster with Maurice Davies, Museums Association Introduction - Key Issues It is increasingly the case that hard data is required for a multiplicity of reasons: to support advocacy, not least to present the case for support to government; to assess museums´ efficiency in relation to funding; to inform decision making; to establish, develop and evaluate policies; to identify trends; to measure the progress that the sector is making, not least in terms of delivering government objectives. A current preoccupation is with measuring the impact of museums. Responsibility for national museum statistics falls to Museums, Libraries and Archives Council (MLA), the government's advisory body, which succeeded the Museums & Galleries Commission in April 2000. Following the devolution of Scotland, Wales and Northern Ireland, MLA´s remit is primarily confined to England. At the time of writing (October 2003) there is no dedicated statistical time series on museums, which covers the whole of the UK. The Museums & Galleries Commission's DOMUS database (see below) was abandoned after the 1999 survey, and the only other UK-wide, year-on-year time series are, Sightseeing in the UK and Visits to Visitor Attractions. These present the findings of annual surveys conducted by the National Tourist Boards of England, Scotland, Wales and Northern Ireland, which monitor trends in the visitor attraction market including museums. There are, however, an increasing number of regular reports, which cover local and regional trends (in particular, financial statistics) and the activities of different types of museums. Pulling together a national picture depends on the collation of existing data sets.
    [Show full text]
  • Ideas of Equity (Pdf)
    Ideas of Equity 00A_PoE_prelims.pmd 1 15/05/2017, 21:45 STUDIES IN SCOTS LAW Series Editor Kenneth G C Reid Editorial Board Alan R Barr Sandra M Eden George L Gretton Volumes in the series 1. Ross Gilbert Anderson, Assignation (2008) 2. Andrew J M Steven, Pledge and Lien (2008) 3. Craig Anderson, Possession of Corporeal Moveables (2015) 4. Jill Robbie, Private Water Rights (2015) 5. Daniel J Carr, Ideas of Equity (2017) 00A_PoE_prelims.pmd 2 15/05/2017, 21:45 STUDIES IN SCOTS LAW VOLUME 5 Ideas of Equity Daniel J Carr Lecturer in Private Law, University of Edinburgh Lecturer in Law, Robert Gordon University EDINBURGH LEGAL EDUCATION TRUST 2017 00A_PoE_prelims.pmd 3 15/05/2017, 21:45 Published by Edinburgh Legal Education Trust School of Law University of Edinburgh Old College South Bridge Edinburgh EH8 9YL http://www.centreforprivatelaw.ed.ac.uk/monograph_series First published 2017 © Daniel J Carr, 2017 The author asserts his moral rights. ISBN 978-0-9556332-9-4 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of the copyright owner. Applications for the copyright owner’s permission to reproduce any part of this publication should be addressed to the publisher. Typeset by Etica Press Ltd, Malvern Printed and bound by Martins the Printers, Berwick-upon-Tweed 00A_PoE_prelims.pmd 4 15/05/2017, 21:45 Contents Preface vii Table of Cases ix Table of Statutes xvii Abbreviations xix 1 Introduction 1 2 Historical Understandings of Equity 14 3 Unjustified Enrichment 53 4 Trusts 104 5 Constructive Trusts 134 6 Fiduciary Law 184 7 Conclusion 219 Index 219 v 00A_PoE_prelims.pmd 5 15/05/2017, 21:45 00A_PoE_prelims.pmd 6 15/05/2017, 21:45 Preface This book is an updated version of my doctoral thesis submitted in 2009, and awarded by the University of Cambridge in 2010.
    [Show full text]
  • The Parthenon Sculptures Sarah Pepin
    BRIEFING PAPER Number 02075, 9 June 2017 By John Woodhouse and Sarah Pepin The Parthenon Sculptures Contents: 1. What are the Parthenon Sculptures? 2. How did the British Museum acquire them? 3. Ongoing controversy 4. Further reading www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 The Parthenon Sculptures Contents Summary 3 1. What are the Parthenon Sculptures? 5 1.1 Early history 5 2. How did the British Museum acquire them? 6 3. Ongoing controversy 7 3.1 Campaign groups in the UK 9 3.2 UK Government position 10 3.3 British Museum position 11 3.4 Greek Government action 14 3.5 UNESCO mediation 14 3.6 Parliamentary interest 15 4. Further reading 20 Contributing Authors: Diana Perks Attribution: Parthenon Sculptures, British Museum by Carole Radatto. Licenced under CC BY-SA 2.0 / image cropped. 3 Commons Library Briefing, 9 June 2017 Summary This paper gives an outline of the more recent history of the Parthenon sculptures, their acquisition by the British Museum and the long-running debate about suggestions they be removed from the British Museum and returned to Athens. The Parthenon sculptures consist of marble, architecture and architectural sculpture from the Parthenon in Athens, acquired by Lord Elgin between 1799 and 1810. Often referred to as both the Elgin Marbles and the Parthenon marbles, “Parthenon sculptures” is the British Museum’s preferred term.1 Lord Elgin’s authority to obtain the sculptures was the subject of a Select Committee inquiry in 1816. It found they were legitimately acquired, and Parliament then voted the funds needed for the British Museum to acquire them later that year.
    [Show full text]
  • Charities Bill
    Research and Information Service Bill Paper 11th August 2021 RaISe Charities Bill NIAR 185-21 This Bill Paper has been prepared to inform consideration of the Charities Bill. It provides background to the Bill’s introduction and content, including comparison with current law in Great Britain and the Republic of Ireland, and highlights potential issues for consideration. Paper 55/21 11th August 2021 Research and Information Service briefings are compiled for the benefit of MLAs and their support staff. Authors are available to discuss the contents of these papers with Members and their staff, but cannot advise members of the general public. We do, however, welcome written evidence that relates to our papers and this should be sent to the Research and Information Service, Northern Ireland Assembly, Room 139, Parliament Buildings, Belfast BT4 3XX or e-mailed to [email protected] NIAR 185-21 Bill Paper Key Points On 21st June 2021, the Charities Bill was introduced to the Assembly. The Bill would amend the Charities (Northern Ireland) Act 2008 to make Charity Commission staff decisions lawful; establish a Commission ability to delegate to staff in future; and enable regulations creating a charity registration threshold. This paper aims to support the Assembly’s consideration of the Bill. Background The Charities Act (Northern Ireland) 2008 (‘the 2008 Act’) deals broadly with charity regulation. It was intended to update Northern Ireland charity law, at a time when similar updates were ongoing in England & Wales, Scotland and the Republic of Ireland (‘RoI’). The 2008 Act was subsequently amended by the Charities Act (Northern Ireland) 2013 (‘the 2013 Act’), to correct technical issues with the public benefit test.
    [Show full text]
  • The British Museum Annual Reports and Accounts 2019
    The British Museum REPORT AND ACCOUNTS FOR THE YEAR ENDED 31 MARCH 2020 HC 432 The British Museum REPORT AND ACCOUNTS FOR THE YEAR ENDED 31 MARCH 2020 Presented to Parliament pursuant to Section 9(8) of the Museums and Galleries Act 1992 Ordered by The House of Commons to be printed on 19 November 2020 HC 432 The British Museum Report and Accounts 2019-20 © The British Museum copyright 2020 The text of this document (this excludes, where present, the Royal Arms and all departmental or agency logos) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not in a misleading context. The material must be acknowledged as British Museum copyright and the document title specifed. Where third party material has been identifed, permission from the respective copyright holder must be sought. Any enquiries related to this publication should be sent to us at [email protected]. This publication is available at www.gov.uk/ofcial-documents. ISBN 978-1-5286-2095-6 CCS0320321972 11/20 Printed on paper containing 75% recycled fbre content minimum Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Ofce The British Museum Report and Accounts 2019-20 Contents Trustees’ and Accounting Ofcer’s Annual Report 3 Chairman’s Foreword 3 Structure, governance and management 4 Constitution and operating environment 4 Subsidiaries 4 Friends’ organisations 4 Strategic direction and performance against objectives 4 Collections and research 4 Audiences and Engagement 5 Investing
    [Show full text]
  • BIS URN09/1074 Reply
    BIS URN 09/1074 – Reply to questions 1 – 38 Respondents: listed at the end of this document submitted by administrators at http://www.pedlars.info 12 February 2010 Pedlars have responded to the title and first 7 pages of this consultation to remove misleading and confusing concepts, language and information. The edited document is online at http://www.pedlars.info/bis-consultation/71-making-it-read-clearly.html and should be read as an introduction to the following replies. Question 1: Do you agree that the definition is in need of updating and clarifying? If not, please provide your reasons. Answer: Reason: NO On page 13 point 42 the allegation of confusion because of the age of the Pedlars Act is unacceptable. Evidence in Durham Pedlars have relied on the Pedlars Act for 138 years because it is Report that LA's do good law and should not be sullied by the fact of its age - such logic not understand the law undermines Parliament itself. as it presently stands: The description of a pedlar should not be altered because it gives by example some of the trades that existed in 1871 but was never Para 69 intended to be an exhaustive list. The insertion of "or other person" There was also a makes allowance for any other person such as, in contemporary life, degree of ignorance or a balloon twister, an artist etc. It grants a liberty and the freedom to misinterpretation of do anything by way of a chosen trade or a 'yet to be evolved' trade. the law.
    [Show full text]
  • Judicial Diversity
    Cambridge Journal of International and Comparative Law Publication Copyright and open-access policy The Cambridge Journal of International The CJICL is an open-access publication gov- and Comparative Law is an open- erned by our publishing and licensing agree- access publication available online at ment. Any commercial use and any form of <http://www.cjicl.org.uk>. Each volume con- republication of material not covered by the sists of two or more general issues and a spe- cial issue examining the jurisprudence of the applicable license is subject to the express per- UK Supreme Court. mission of the Editors-in-Chief. Editorial Policy Contact information All submissions are subject to a double-blind Cambridge Journal of International and Com- peer-review editorial process by our Aca- parative Law demic Review Board and/or our Editorial Faculty of Law, 10 West Road Team. Cambridge, CB3 9DZ Submissions United Kingdom The journal accepts the following types of manuscript: E-mail: [email protected] (i) Long Articles between 6,000 and 12,000 Web: http://www.cjicl.org.uk words but not exceeding 12,000 words in- cluding footnotes; Typeset in Crimson and Gentium Book Basic, (ii) Short Articles not exceeding 5,000 words distributed under the terms of the SIL Open Font including footnotes; (iii) Case Notes not exceeding 3,000 words license, available at <http://scripts.sil.org/OFL>. including footnotes; and (iv) Book Reviews not exceeding 2,500 words including footnotes. Please visit our website for submission details. ISSN 2050-1706 (Print) ISSN 2050-1714 (Online) © 2013 Cambridge Journal of International and Comparative Law and Contributors This issue should be cited as (2013) 2(1) C.J.I.C.L.
    [Show full text]
  • Essex Act 1987
    Essex Act 1987 CHAPTER xx LONDON HER MAJESTY'S STATIONERY OFFICE Essex Act 1987 CHAPTER xx ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Citation and commencement. 2. Interpretation. 3. Appointed day. PART II LAND AND OPEN SPACE 4. Provision of parking places in parks, etc. PART III HIGHWAYS AND STREETS 5. Awnings over footways. 6. Grass verges, etc. c. xx Essex Act 1987 PART IV PUBLIC HEALTH AND AMENITIES Section 7. Approval of plans to be of no effect after certain interval. 8. Control of brown tail moth. 9. Control of stray dogs. 10. Registered trees. PART V PUBLIC ORDER AND SAFETY 11. Touting, hawking, photographing, etc. 12. Byelaws as to leisure centres. 13. Access for fire brigade. PART VI ESTABLISHMENTS FOR MASSAGE OR SPECIAL TREATMENT 14. Interpretation of Part VI. 15. Licensing of persons to carry on establishments. 16. Grant, renewal and transfer of licences. 17. Byelaws as to establishments. 18. Offences under Part VI. 19. Part VI appeals. 20. Part VI powers of entry, inspection and examination. 21. Savings. PART VII SEASHORE AND BOATS A. Extent of Part VII 22. Extent of Part VII. B. Houseboats, etc. 23. Interpretation and extent of Head B of Part VII. 24. Restriction on houseboats and jetties. 25. Notices of removal, etc., under Head B of Part VII. 26. Sale or disposal of houseboat, jetty, etc. 27. Entry into possession. 28. Right of appeal under Head B of Part VII. 29. Saving for certain authorities, etc. Essex Act 1987 c. xx iii Section C. Miscellaneous provisions 30. Unauthorised structures on seashore.
    [Show full text]