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Endowments and Glebe Measure 1976
Changes to legislation: There are currently no known outstanding effects for the Endowments and Glebe Measure 1976. (See end of Document for details) Endowments and Glebe Measure 1976 1976 No. 4 Payments by Church Commissioners towards stipends of certain clergy, etc. 1 Annuities to be paid by Commissioners towards stipends of certain incumbents. (1) Where immediately before the appointed day a benefice has endowment income, the general fund of the Commissioners shall stand charged as from that day with the payment towards the stipend of the incumbent of that benefice of an annuity the amount of which shall be fixed in accordance with subsection (2) below. (2) Subject to section 3 of this Measure, the amount of the annuity payable in respect of any benefice under subsection (1) above shall be either the amount of the net annual endowment income of the benefice immediately before the appointed day or £1,000, whichever is the less. (3) Where by means of a pastoral scheme which comes into operation on or after the appointed day a new benefice is created by the union of two or more benefices, then, if— (a) in the case of a scheme which comes into operation on the appointed day, an annuity would but for the scheme have been payable under subsection (1) above in respect of any of these benefices, or (b) in the case of any other scheme, an annuity was immediately before the scheme comes into operation payable under this section in respect of any of those benefices, the general fund of the Commissioners shall stand charged as from the day on which the scheme comes into operation with the payment towards the stipend of the incumbent of the new benefice of an annuity the amount of which shall be fixed in accordance with subsection (4) below. -
Post-Release Controls for Sex Offenders in the US and UK
1 Post-Release Controls for Sex Offenders in the U.S. and UK Roxanne Lieb * Associate Director Washington State Institute for Public Policy Olympia, Washington, United States Hazel Kemshall Professor DeMontford University Leicester, United Kingdom Terry Thomas Professor of Criminal Justice Studies School of Social Sciences Leeds Metropolitan University Leeds, United Kingdom *contact author 110 Fifth Ave. SE PO Box 40999 Olympia, WA 98504-0999 [email protected] phone (360) 586-2768 fax (360) 586-2793 2 Key Words: Megan’s Law; sex offender policy; registration and notification laws Abstract In recent years, both the United States and United Kingdom have developed numerous innovations in legal efforts to protect society from sex offenders. Each country has adopted special provisions for sex offenders. In particular, governments have focused on forms of social control after release from incarceration and probation. These policy innovations for this category of offenders have been more far reaching than those for any other offender population. The two jurisdictions have adopted policies with similar goals, but the selected strategies have important differences. Generally speaking, the U.S. has favored an ever-expanding set of policies that place sex offenders into broad categories, with few opportunities that distinguish the appropriate responses for individual offenders. The UK government observed the proliferation of Megan’s Laws1 in the U.S., and deliberately chose to establish carefully controlled releases of information, primarily relying on governmental agencies to work in multi-disciplinary groups and make case-specific decisions about individual offenders. Although the UK policy leaders expressed significant concern that the public’s response to knowing about identified sex offenders living in the community would result in vigilantism, to date the results have not born out this fear. -
Guidance on Review of Indefinite Notification Requirements
GUIDANCE ON REVIEW OF INDEFINITE NOTIFICATION REQUIREMENTS ISSUED UNDER SECTION 91F OF THE SEXUAL OFFENCES ACT 2003 Guidance On Review Of Indefinite Notification Requirements Issued Under Section 91F Of The Sexual Offences Act 2003 2 Guidance On Review Of Indefinite Notification Requirements Issued Under Section 91F Of The Sexual Offences Act 2003 CONTENTS Introduction 4 Current arrangements 5 Aims 6 Principles 6 What is new? 6 Cross-force issues 7 Devolved administration 7 The Process 8 Process Map 8 Eligibility 9 Stage 1: Application and acknowledgment 10 Engagement with relevant offenders 10 Qualifying dates 10 Making an application 10 Acknowledgement and notice to responsible bodies 11 Stage 2: Review and determination 12 Review of application 12 Factors for determination 12 Standard checks 14 Information from responsible bodies 14 Risk assessment tools 14 Stage 3: Decision 16 Determination of review 16 Consulting with victims 16 Stage 4: Appeals Process 18 Stage 5: Further review periods 19 Maintaining records 19 Frequently asked questions 20 Definitions 22 Annexes 24 3 Guidance On Review Of Indefinite Notification Requirements Issued Under Section 91F Of The Sexual Offences Act 2003 INTRODUCTION 1. This statutory guidance is issued by the 5. If you have any queries regarding this Secretary of State under section 91F(1) of guidance, please contact: the Sexual Offences Act 2003 (“the 2003 Act”), which was inserted into the 2003 Act Interpersonal Violence: Policy & Delivery on 30 July 2012 by the Sexual Offences Act Team, Violent and Youth Crime Prevention 2003 (Remedial) Order 2012 (“the remedial Unit, Home Office, 4th Floor, Fry Building, order”). -
Crime (International Co-Operation) Act 2003
Source: http://www.legislation.gov.uk/ukpga/2003/32 Crime (International Co-operation) Act 2003 2003 CHAPTER 32 An Act to make provision for furthering co-operation with other countries in respect of criminal proceedings and investigations; to extend jurisdiction to deal with terrorist acts or threats outside the United Kingdom; to amend section 5 of the Forgery and Counterfeiting Act 1981 and make corresponding provision in relation to Scotland; and for connected purposes. [30th October 2003] BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 MUTUAL ASSISTANCE IN CRIMINAL MATTERS CHAPTER 1 MUTUAL SERVICE OF PROCESS ETC. Service of overseas process in the UK 1Service of overseas process (1)The power conferred by subsection (3) is exercisable where the Secretary of State receives any process or other document to which this section applies from the government of, or other authority in, a country outside the United Kingdom, together with a request for the process or document to be served on a person in the United Kingdom. (2)This section applies— (a)to any process issued or made in that country for the purposes of criminal proceedings, (b)to any document issued or made by an administrative authority in that country in administrative proceedings, (c)to any process issued or made for the purposes of any proceedings on an appeal before a court in that country against a decision in administrative proceedings, (d)to any document issued or made by an authority in that country for the purposes of clemency proceedings. -
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Volume 59, Issue 5 Page 1395 Stanford Law Review KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker © 2007 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 59 STAN. L. REV. 1395 (2007). For information visit http://lawreview.stanford.edu. KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker* INTRODUCTION: THE DYNAMICS OF COUNTER-TERRORISM POLICIES AND LAWS................................................................................................ 1395 I. CONTROL ORDERS ..................................................................................... 1403 A. Background to the Enactment of Control Orders............................... 1403 B. The Replacement System..................................................................... 1408 1. Control orders—outline................................................................ 1408 2. Control orders—contents and issuance........................................ 1411 3. Non-derogating control orders..................................................... 1416 4. Derogating control orders............................................................ 1424 5. Criminal prosecution.................................................................... 1429 6. Ancillary issues............................................................................. 1433 7. Review by Parliament and the Executive...................................... 1443 C. Judicial Review.................................................................................. -
Statute Law (Repeals) Measure
Statute Law (Repeals) Measure A Measure passed by the General Synod of the Church of England, laid before both Houses of Parliament pursuant to the Church of England Assembly (Powers) Act 1919. Ordered by The House of Lords to be printed 14th March 2018 Ordered by The House of Commons to be printed 14th March 2018 HL Paper 92 57/1 HC 781 Statute Law (Repeals) Measure CONTENTS 1 Repeals 2 Short title, commencement and extent Schedule — Repeals Part 1 — Clergy Part 2 — Benefices Part 3 — Ecclesiastical Property Part 4 — Ecclesiastical Jurisdiction and Fees Part 5 — Church Representation Part 6 — Services Part 7 — Church Commissioners Part 8 — Education, &c. Part 9 — Cathedrals HL Paper 92 57/1 Statute Law (Repeals) Measure 1 A Measure to repeal certain enactments of ecclesiastical law which (except in so far as their effect is preserved) are no longer of practical utility. 1 Repeals The enactments specified in the Schedule are repealed or revoked to the extent specified in the second column of that Schedule. 2 Short title, commencement and extent (1) This Measure may be cited as the Statute Law (Repeals) Measure 2018. 5 (2) This section comes into force on the day on which this Measure is passed. (3) Section 1 and the Schedule come into force on such day as the Archbishops of Canterbury and York may by order jointly appoint; and different days may be appointed for different purposes. (4) The Archbishops of Canterbury and York may by order jointly make 10 transitional, transitory or saving provision in connection with the commencement of a provision of the Schedule. -
Twentieth Annual Report 1984-85
Scottish Law Commission (SCOT. LAW COM. No. 98) TWENTIETH ANNUALREPORT 1984-85 Laid before Parliament by the Lord Advocate under Section 3(3) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 20th November 1985 EDINBURGH HER MAJESTY'S STATIONERY OFFICE £4.90 net 20 The Scottish Law Commission was set up by section2of the Law Commissions Act 1965 for the purpose of promoting the reform of the law of Scotland. The Commissioners are: The Honourable Lord Maxwell, Chairman, Mr. R. D. D. Bertram, W.S., Dr. E. M. Clive, Mr. J. Murray, Q.C., Sheriff C. G. B. Nicholson, Q.C. The Secretary of the Commission is Mr. R. Eadie. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. ISBN 0 10 202086 8 SCOTTISH LAW COMMISSION REPORT FOR THE YEAR ENDED 15TH JUNE 1985 To: The Right Honourable the Lord Cameron of Lochbroom, Q.C., Her Majesty's Advocate In accordance with section 3(3) as read with section 6(2) of the Law Commissions Act 1965, as amended,' we have the honour to submit this the Twentieth Annual Report of the Scottish Law Commission. (Signed) PETER MAXWELL, Chairman R. D. D. BERTRAM E. M. CLIVE JOHN MURRAY GORDON NICHOLSON R. EADIE, Secretary 2 September 1985 'Transfer of Functions (Secretary of State and Lord Advocate) Order 1972 (S.I. 1972, No. 2002). ... B 111 TWENTIETH ANNUAL REPORT CONTENTS Paragraph Page PREFACE . ix PART I GENERAL SURVEY OF THE PAST YEAR . 1.1 1 Our report on diligence and debtor protection . 1.1 1 Reports and consultative documents published . -
Fourteenth Report: Draft Statute Law Repeals Bill
The Law Commission and The Scottish Law Commission (LAW COM. No. 211) (SCOT. LAW COM. No. 140) STATUTE LAW REVISION: FOURTEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command of Her Majesty April 1993 LONDON: HMSO E17.85 net Cm 2176 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 Honourable Mr. Justice Brooke, Chairman Mr Trevor M. Aldridge, Q.C. Mr Jack Beatson Mr Richard Buxton, Q.C. Professor Brenda Hoggett, Q.C. The Secretary of the Law Commission is Mr Michael Collon. Its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. The Scottish Law Commissioners are- The Honourable Lord Davidson, Chairman .. Dr E.M. Clive Professor P.N. Love, C.B.E. Sheriff I.D.Macphail, Q.C. Mr W.A. Nimmo Smith, Q.C. The Secretary of the Scottish Law Commission is Mr K.F. Barclay. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. .. 11 THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION STATUTE LAW REVISION: FOURTEENTH REPORT Draft Statute Law (Repeals) Bill To the Right Honourable the Lord Mackay of Clashfern, Lord High Chancellor of Great Britain, and the Right Honourable the Lord Rodger of Earlsferry, Q.C., Her Majesty's Advocate. In pursuance of section 3(l)(d) of the Law Commissions Act 1965, we have prepared the draft Bill which is Appendix 1 and recommend that effect be given to the proposals contained in it. -
1. General Background
By Professor Nigel Lowe, Sarah Armstrong and Anest Mathias* of the Centre for International Family Law Studies, Cardiff Law School, Wales, United Kingdom. 1. GENERAL BACKGROUND The United Kingdom comprises three distinct jurisdictions, England and Wales, Scotland and Northern Ireland.1 In all jurisdictions of the UK, a common law system operates, however, the majority of child law is governed by statute. The Family Law Act 1986, deals primarily with jurisdiction, recognition and enforcement of orders and powers among the legal systems within the UK, and the jurisdiction of the courts in respect of children in an international context. In England and Wales, the main statute affecting child law is the Children Act 1989. In Scotland, the principal legislation dealing with children issues is the Children (Scotland) Act 1995. In drafting this Act, the legislature clarified the issue of custody rights with regard to Scottish law, recognising that under the Convention, it is essential to know the scope of such rights.2 Some of the common law and statutory remedies existing prior to the Act also remain. In Northern Ireland, family law is primarily governed by the Children (Northern Ireland) Order 19953 which came into force in 1996. Jurisdiction, recognition and enforcement issues in the UK, as in other EU States,4 have been complicated by the Brussels II Regulation5 which came into force on 1 March 2001 and which has priority over the Family Law Act 1986. 1.1 IMPLEMENTATION OF THE CONVENTION The UK ratified the 1980 Hague Convention on the Civil Aspects of International Child Abduction on behalf of its jurisdictions on 1 August 1986 when the Child Abduction and Custody Act 1985 (the 1985 Act), came into force. -
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). -
Child Abduction Act 1984
Changes to legislation: There are currently no known outstanding effects for the Child Abduction Act 1984. (See end of Document for details) Child Abduction Act 1984 1984 CHAPTER 37 An Act to amend the criminal law relating to the abduction of children [12th July1984] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Commencement Information I1 Act wholly in force at 12.10.1984 see s. 13(2) PART I OFFENCES UNDER LAW OF ENGLAND AND WALES 1 Offence of abduction of child by parent, etc. (1) Subject to subsections (5) and (8) below, a person connected with a child under the age of sixteen commits an offence if he takes or sends the child out of the United Kingdom without the appropriate consent. [F1(2) A person is connected with a child for the purposes of this section if— (a) he is a parent of the child; or (b) in the case of a child whose parents were not married to[F2, or civil partners of,] each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; or (c) he is a guardian of the child; or [ he is a special guardian of the child; or] F3(ca) (d) he is a person [F4named in a child arrangements order as a person with whom the child is to live; or] 2 Child Abduction Act 1984 (c. -
Statute Law (Repeals) Measure
STATUTE LAW (REPEALS) MEASURE A RESPONSE BY A WORKING PARTY OF THE ECCLESIASTICAL LAW SOCIETY TO THE GENERAL SYNOD’S CONSULTATION DOCUMENT GS Misc 1128 This is a response by a working party of the Ecclesiastical Law Society to the General Synod ConsultAtion Document GS Misc 1128 on A possible StAtute LAw (RepeAls) MeAsure. As long ago as 1990, the EcclesiAsticAl LAw Society set up A working pArty to draw up suggestions concerning the revision of ecclesiAstical stAtute lAw with the Aim of mAking it more accessible and simpler to understand.1 Since then the Society has actiVely sought to encourage GenerAl Synod to consider wAys in which this might be done And the working party therefore welcomes these proposAls concerning the repeAl of obsolete legislAtion. (1) The working party agrees with the proposals as set out in the Consultation Document with respect to: • Suffragan Bishops Act 1534, s. 5 • Simony Act 1588 (the proVisions imposing penAlties by reference to the VAlue of livings) • Queen Anne’s Bounty Act 1714 • Church Building Act 1822 • EcclesiasticAl CorporAtions Act 1832 • Ecclesiastical Leases Act 1836 • Ecclesiastical Leases (Amendment) Act 1836 • Ecclesiastical Commissioners Act 1836 • Pluralities Act 1838 (with the proViso of preserVing the effect of s. 36 as to the right of A surViVing spouse or ciVil partner to occupy the pArsonAge house After the incumbent’s deAth), but not s. 59 (see below) • Ecclesiastical Commissioners Act 1840, ss. 35, 54, 55, 84, 86 and 88, but not s. 27 (see below) • Ecclesiastical Commissioners Act 1841, ss 12 & 24 • Ecclesiastical Houses of Residence Act 1842 • Ecclesiastical Leasing Act 1842 • Ecclesiastical Leasing Act 1858 • Ecclesiastical Leases Act 1865 • Lecturers And PArish Clerks Act 1844, ss.