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Statute Law Repeals: Twentieth Report Draft Statute Law (Repeals) Bill
2015: 50 years promoting law reform Statute Law Repeals: Twentieth Report Draft Statute Law (Repeals) Bill LC357 / SLC243 The Law Commission and The Scottish Law Commission (LAW COM No 357) (SCOT LAW COM No 243) STATUTE LAW REPEALS: TWENTIETH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty Laid before the Scottish Parliament by the Scottish Ministers June 2015 Cm 9059 SG/2015/60 © Crown copyright 2015 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Print ISBN 9781474119337 Web ISBN 9781474119344 ID 20051507 05/15 49556 19585 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office ii The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Right Honourable Lord Justice Lloyd Jones, Chairman Professor Elizabeth Cooke1 Stephen Lewis Professor David Ormerod QC Nicholas Paines QC. The Chief Executive of the Law Commission is Elaine Lorimer. The Law Commission is located at 1st Floor, Tower, 52 Queen Anne’s Gate, London SW1H 9AG The Scottish Law Commissioners are: The Honourable Lord Pentland, Chairman Caroline Drummond David Johnston QC Professor Hector L MacQueen Dr Andrew J M Steven The Chief Executive of the Scottish Law Commission is Malcolm McMillan. -
What the Crown May Do
WHAT THE CROWN MAY DO 1. It is now established, at least at the level of the Court of Appeal (so that Court has recently stated)1, that, absent some prohibition, a Government minister may do anything which any individual may do. The purpose of this paper is to explain why this rule is misconceived and why it, and the conception of the “prerogative” which it necessarily assumes, should be rejected as a matter of constitutional law. 2. The suggested rule raises two substantive issues of constitutional law: (i) who ought to decide in what new activities the executive may engage, in what circumstances and under what conditions; and (ii) what is the scope for abuse that such a rule may create and should it be left without legal control. 3. As Sir William Wade once pointed out (in a passage subsequently approved by the Appellate Committee2), “The powers of public authorities are...essentially different from those of private persons. A man making his will may, subject to any rights of his dependants, dispose of his property just as he may wish. He may act out of malice or a spirit of revenge, but in law this does not affect his exercise of power. In the same way a private person has an absolute power to release a debtor, or, where the law permits, to evict a tenant, regardless of his motives. This is unfettered discretion.” If a minister may do anything that an individual may do, he may pursue any purpose which an individual may do when engaged in such activities. -
Stapylton Final Version
1 THE PARLIAMENTARY PRIVILEGE OF FREEDOM FROM ARREST, 1603–1629 Keith A. T. Stapylton UCL Submitted for the Degree of Doctor of Philosophy 2016 Page 2 DECLARATION I, Keith Anthony Thomas Stapylton, confirm that the work presented in this thesis is my own. Where information has been derived from other sources, I confirm that this has been indicated in the thesis. Signed Page 3 ABSTRACT This thesis considers the English parliamentary privilege of freedom from arrest (and other legal processes), 1603-1629. Although it is under-represented in the historiography, the early Stuart Commons cherished this particular privilege as much as they valued freedom of speech. Previously one of the privileges requested from the monarch at the start of a parliament, by the seventeenth century freedom from arrest was increasingly claimed as an ‘ancient’, ‘undoubted’ right that secured the attendance of members, and safeguarded their honour, dignity, property, and ‘necessary’ servants. Uncertainty over the status and operation of the privilege was a major contemporary issue, and this prompted key questions for research. First, did ill definition of the constitutional relationship between the crown and its prerogatives, and parliament and its privileges, lead to tensions, increasingly polemical attitudes, and a questioning of the royal prerogative? Where did sovereignty now lie? Second, was it important to maximise the scope of the privilege, if parliament was to carry out its business properly? Did ad hoc management of individual privilege cases nevertheless have the cumulative effect of enhancing the authority and confidence of the Commons? Third, to what extent was the exploitation or abuse of privilege an unintended consequence of the strengthening of the Commons’ authority in matters of privilege? Such matters are not treated discretely, but are embedded within chapters that follow a thematic, broadly chronological approach. -
Guidance on the Glossary of Definitions
Glossary Definitions Guidance on the Glossary of definitions G Guidance on the Glossary of definitions 1. The rules and guidance for interpreting the Handbook are to be found inI GEN 2 (Interpreting the Handbook) 2. The guidance in the following paragraphs reminds the reader of some practical points for interpreting Handbook text. 3. Each sourcebook or manual has a reference code of two or more letters, usually a contraction or abbreviation of its title (for example, GEN stands for the General Provisions and COBS for the Conduct of Business sourcebook). The meaning of each of these codes is given in the Glossary. 4. Expressions used in the Handbook which are defined in the Glossary appear in the text in italic type (I GEN 2.2.7 R (1) (Use of defined expressions)). An expression which is not shown in the text in italics has its natural meaning unless the context otherwise requires (I GEN 2.2.9 G). 5. An expression which appears in the text in italics, but is not itself defined in the Glossary, should be read in the same sense as the expression to which it relates (for example, "advice on investments" and "advise on investments" are related to "advising on investments", so the reader should refer to the definition of "advising on investments" for their meaning). (I GEN 2.2.7 R (2) andI GEN 2.2.8 G). 6. The words "in writing", unless the contrary intention appears, mean in legible form and capable of reproduction on paper; they include electronic communication (I GEN 2.2.14 R (References to writing)). -
Statute Law Revision Bill 2007 ————————
———————— AN BILLE UM ATHCHO´ IRIU´ AN DLI´ REACHTU´ IL 2007 STATUTE LAW REVISION BILL 2007 ———————— Mar a tionscnaı´odh As initiated ———————— ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. General statute law revision repeal and saver. 3. Specific repeals. 4. Assignment of short titles. 5. Amendment of Short Titles Act 1896. 6. Amendment of Short Titles Act 1962. 7. Miscellaneous amendments to post-1800 short titles. 8. Evidence of certain early statutes, etc. 9. Savings. 10. Short title and collective citation. SCHEDULE 1 Statutes retained PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 [No. 5 of 2007] SCHEDULE 2 Statutes Specifically Repealed PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 ———————— 2 Acts Referred to Bill of Rights 1688 1 Will. & Mary, Sess. 2. c. 2 Documentary Evidence Act 1868 31 & 32 Vict., c. 37 Documentary Evidence Act 1882 45 & 46 Vict., c. 9 Dower Act, 1297 25 Edw. 1, Magna Carta, c. 7 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867 31 & 32 Vict., c. 3 Dublin Hospitals Regulation Act 1856 19 & 20 Vict., c. 110 Evidence Act 1845 8 & 9 Vict., c. 113 Forfeiture Act 1639 15 Chas., 1. c. 3 General Pier and Harbour Act 1861 Amendment Act 1862 25 & 26 Vict., c. -
Jeremy Miles AC/AM Y Cwnsler Cyffredinol a Gweinidog Brexit Counsel General and Brexit Minister
Jeremy Miles AC/AM Y Cwnsler Cyffredinol a Gweinidog Brexit Counsel General and Brexit Minister Eich cyf/Your ref Ein cyf/Our ref Mick Antoniw AM Chair, Constitutional and Legislative Affairs Committee National Assembly for Wales Cardiff Bay CF99 1NA [email protected] 25 June 2019 Dear Mick, During my evidence session with the Committee on 29 April, I undertook to provide further information about our proposals in respect of the Electoral Commission. As the Committee will know, the Government of Wales Act 2006 (as amended by the Wales Act 2017) gives the Assembly legislative competence in relation to devolved elections. This includes competence to legislate on certain matters relating to the Electoral Commission’s activities in relation to Assembly and local government elections in Wales, such as: the financing of the Electoral Commission; the preparation, laying and publication by the Electoral Commission of reports about the performance of its functions; and provision by the Electoral Commission of copies of regulations it has made, altered or revoked. In the light of these changes, the Welsh Government believes that oversight and reporting of the work of the Electoral Commission in relation to devolved elections should also be the responsibility of the Senedd, drawing on the arrangements set out in the Political Parties, Elections and Referendums Act 2000 (PPERA). Section 27 of the Senedd and Elections (Wales) Bill as introduced sets out provisions which place a duty on the Senedd to consider the financial and oversight arrangements for the work of the Electoral Commission in relation to devolved Welsh elections and devolved Bae Caerdydd • Cardiff Bay Canolfan Cyswllt Cyntaf / First Point of Contact Centre: Caerdydd • Cardiff 0300 0604400 CF99 1NA [email protected]/[email protected] Rydym yn croesawu derbyn gohebiaeth yn Gymraeg. -
Income Tax Act, 1952 15 & 16 GEO
income Tax Act, 1952 15 & 16 GEO. 6 & 1 ELIZ. 2. CH. 10 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Charge of income tax. 2. Effect of charge of income tax at a standard rate and at higher rates. 3. Yearly assessments. 4. Fractions of twenty shillings. PART II PIUNCIPAL PROVISIONS AS TO ADMINISTRATION, ASSESSMENT, APPEALS AND COLLECTION CHAPTER I COMMISSIONERS AND OFFICERS 5. Co nissioners of Inland Revenue. 6.. General and Additional Commissioners. 7. C erks and Assistant Clerks to General Commissioners. ecial Commissioners. 9. commissioners for affairs of Banks of England and Ireland and National Debt Commissioners. 10. Commissioners for courts, public departments, and Houses of Parliament. 11 Commissioners for public offices in municipalities. 12. General provisions as to Commissioners. 13. Inspectors and surveyors. 14. Collectors. 0-5. Assessors. 16. Declarations on taking office. 17. Exemption of Commissioners from serving on juries. CHAPTER II RETURNS AND ASSESSMENT 18. Duty of person chargeable to give notice of chargeability. 19. Return by individual of previous year's income from all sources. 20. Return of current year's chargeable income under the respective Schedules. CH. 10 Income Tax Act, 1952 15 & 16 GEO. 6 & 1 ELIZ. 2 Section 21. Returns by persons acting for others. 22. Delivery of lists by persons in receipt of taxable income belonging to others. 23. List of lodgers and inmates. 24. Returns as to annual value of land. 25. Form of returns and penalties for neglect to deliver returns. 26. Returns by persons coming to reside in a division. 27. Lists of employees, etc. 28. -
Modernising English Criminal Legislation 1267-1970
Public Administration Research; Vol. 6, No. 1; 2017 ISSN 1927-517x E-ISSN 1927-5188 Published by Canadian Center of Science and Education Modernising English Criminal Legislation 1267-1970 Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: April 2, 2017 Accepted: April 19, 2017 Online Published: April 27, 2017 doi:10.5539/par.v6n1p53 URL: http://dx.doi.org/10.5539/par.v6n1p53 1. INTRODUCTION English criminal - and criminal procedure - legislation is in a parlous state. Presently, there are some 286 Acts covering criminal law and criminal procedure with the former comprising c.155 Acts. Therefore, it is unsurprising that Judge CJ, in his book, The Safest Shield (2015), described the current volume of criminal legislation as 'suffocating'. 1 If one considers all legislation extant from 1267 - 1925 (see Appendix A) a considerable quantity comprises criminal law and criminal procedure - most of which is (likely) obsolete.2 Given this, the purpose of this article is to look at criminal legislation in the period 1267-1970 as well as criminal procedure legislation in the period 1267-1925. Its conclusions are simple: (a) the Law Commission should review all criminal legislation pre-1890 as well as a few pieces thereafter (see Appendix B). It should also review (likely) obsolete common law crimes (see Appendix C); (b) at the same time, the Ministry of Justice (or Home Office) should consolidate all criminal legislation post-1890 into 4 Crime Acts.3 These should deal with: (a) Sex crimes; (b) Public order crimes; (c) Crimes against the person; (d) Property and financial crimes (see 7). -
The Consolidated Fund
The Consolidated Fund Consolidated Fund or the Consolidated Revenue Fund is the term used for the main bank account of the government in many of the countries in the Commonwealth of Nations. Establishment The idea of a single government bank account was first established in 1787 by Prime Minister William Pitt the Younger as part of his reform of government finances influenced by the ideas of Adam Smith. Prior to this, funds had accrued through the Exchequer of Receipt into three main funds: the Aggregate Fund, the General Fund, and the South Sea Fund. The Consolidated Fund was so named as it consolidated these existing accounts together, and ensured proper parliamentary oversight of the spending of the executive – it was defined as "one fund into which shall flow every stream of public revenue and from which shall come the supply of every service". The Treasury established this account, formally known as The Account of Her Majesty's Exchequer, at the Bank of England where it remains to this day, and the legal term 'Consolidated Fund' refers to the amount of credit held in this particular account. Under the Exchequer and Audit Departments Act 1866[1] most of the revenue from taxation, and all other money payable to the Exchequer must be paid into the Consolidated Fund. Earlier funds The General Fund was established in 1617, the Aggregate Fund in 1715, the South Sea Fund in 1717. These funds were established in relation to specific Government borrowing authorized by Parliament, which had a defined type of revenue appropriated to put towards the interest and repayment. -
Consolidated Fund (Appropriation) (No 3) Bill
Consolidated Fund (Appropriation) (No 3) Bill EUROPEAN CONVENTION ON HUMAN RIGHTS John Healey has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Consolidated Fund (Appropriation) (No 3) Bill are compatible with the Convention rights. Bill 205 54/1 Consolidated Fund (Appropriation) (No 3) Bill CONTENTS 1 Use of resources for the year ending with 31st March 2007 2 Issue out of the Consolidated Fund for the year ending with 31st March 2007 3 Appropriation of amounts and sums voted for supply services and limits on appropriations in aid 4 Repeals 5 Short title Abstract of Schedule 1 — (Resources authorised for use and Grants out of the Consolidated Fund) Abstract of Schedule 2— (Appropriation of amounts and sums voted for supply services and limits on appropriations in aid) Schedule 1 — Resources authorised for use and Grants out of the Consolidated Fund Schedule 2 — Appropriation of amounts and sums voted for supply services and limits on appropriations in aid Part 1 — Department for Education and Skills, 2006–07 Part 2 — Teachers’ Pension Scheme (England & Wales), 2006–07 Part 3 — Office of Her Majesty’s Chief Inspector of Schools in England, 2006–07 Part 4 — Department of Health, 2006–07 Part 5 — National Health Service Pension Scheme, 2006–07 Part 6 — Food Standards Agency, 2006–07 Part 7 — Department for Transport, 2006–07 Part 8 — Office of Rail Regulation, 2006–07 Part 9 — Office of the Deputy Prime Minister, 2006–07 Part 10 — Home Office, 2006–07 Part 11 — Assets -
Act 1986 CHAPTER 12 ARRANGEMENT of SECTIONS
Statute Law (Repeals) Act 1986 CHAPTER 12 ARRANGEMENT OF SECTIONS Section Repeals and associated amendments. 2. Extent. 3. Short title. SCHEDULE 1—Repeals. Part I — Administration of Justice. Part II — Agriculture. Part III — Finance. Part IV — Imports and Exports. Part V — Industrial Relations. Part VI — Intellectual Property. Part VII — Local Government. Part VIII — Medicine and Health Services. Part IX — Overseas Jurisdiction. Part X — Parliamentary and Constitutional Pro- visions. Part XI — Shipping, Harbours and Fisheries. Part XII — Subordinate Legislation Procedure. Part XIII — Miscellaneous. SCHEDULE 2 —Consequential Provisions. A c.12 ELIZABETH II Statute Law (Repeals) Act 1986 1986 CHAPTER 12 An Act to promote the reform of the statute law by the repeal, in accordance with recommendations of the Law Commission and the Scottish Law Commission, of certain enactments which (except in so far as their effect is preserved) are no longer of practical utility, and to make other provision in connection with the repeal of those enactments. [2nd May 1986] E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and B Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— L—(1) The enactments mentioned in Schedule 1 to this Act Repeals and are hereby repealed to the extent specified in the third column of associated that Schedule. amendments. (2) Schedule 2 to this Act shall have effect. 2.—(l) This Act extends to Northern Ireland. Extent. (2) Any amendment or repeal by this Act of an enactment which extends to the Channel Islands or the Isle of Man shall also extend there. -
Written Constitution for the UK
Contents Page Mapping the Path towards Codifying - or Not Codifying - the UK Constitution ROBERT BLACKBURN, PhD, LLD, Solicitor Professor of Constitutional Law Centre for Political and Constitutional Studies King's College London PROGRAMME OF RESEARCH Aims This programme of research has been prepared at the formal request1 of the House of Commons Political and Constitutional Reform Committee chaired by Graham Allen MP to assist its inquiry, and the policy debate generally, on the proposal to codify - or not - the UK constitution. The work been prepared in an impartial way, adopting a pragmatic approach to the issues involved, and does not seek to advocate either codification or non-codification. Its purpose is to inform the inquiry of the issues involved and, in the event that a government in the future might wish to implement such a proposal, it seeks to provide a starting point and set of papers to help facilitate the complex and sensitive issues of substance and process that would be involved. Structure of the Research The content starts (Part I) by identifying, and giving a succinct account of, the arguments for and against a written constitution, prepared in rhetorical manner. It then (Part II) sets out a series of three illustrative blueprints, prepared in the belief that a consideration of detailed alternative models on how a codified constitution might be designed and drafted will better inform and advance the debate on the desirability or not of writing down the constitution into one documentary source. These are - (1) Constitutional Code - a document sanctioned by Parliament but without statutory authority, setting out the essential existing elements and principles of the constitution and workings of government.