Act 1986 CHAPTER 12 ARRANGEMENT of SECTIONS
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Immigration, (2021)
Right to respect for private and family life: immigration, (2021) Right to respect for private and family life: immigration Last date of review: 02 March 2021 Last update: General updating. Authored by Austen Morgan 33 Bedford Row Chambers Convention rights - from the 1950 European Convention on Human Rights (ECHR) and given further effect by scheduling to the Human Rights Act 1998 (HRA) have applied incontrovertibly in domestic UK law since 2 October 2000. There was considerable discussion from 1997 about which rights would be litigated in future years, on the basis of the jurisprudence of the European Court of Human Rights (ECtHR) at Strasbourg, in the three jurisdictions of the United Kingdom (UK): England and Wales; Scotland; and Northern Ireland. Some commentators anticipated that art.8 (the right to respect for private and family life) would be important, as the basis of a new domestic right to privacy. Few, if any, predicted that the family life aspect of art.8 would play a significant role in UK immigration law and practice; this regulates the entry (and possibly exit) of non-nationals, whether as visitors, students, workers, investors or residents. Overview of Topic 1. This article looks at legislative, executive and judicial attempts to limit such art.8 cases since 2000, a project led by successive Secretaries of State (SoS) for the Home Department, of whom there have been six Labour, one coalition Conservative and three Conservatives in the past 20 years. 2. It considers the following topics: the structure of art.8 in immigration cases; how the SoS might theoretically limit its effect in tribunals and courts; the failed attempt to do so through the Immigration Rules; the slightly more successful attempt to do so through statute; the mixed response of the senior judiciary; and future prospects. -
Part I Introduction
PART I INTRODUCTION 1. WHY DOES THE PRESENT LAW NEED REFORM? 1.1 Our Sixth Programme of Law Reform1 recommended that “there should be a comprehensive review of the law on limitation periods with a view to its simplification and rationalisation.” We noted that the law is “uneven, uncertain and unnecessarily complex” as demonstrated by the following examples: (1) Adrian is injured when operating an unsafe electric mower. He seeks compensation for his injuries. If he sues the manufacturer in the tort of negligence, or the seller of the mower for breach of contract, he has three years from the date of the injury to bring his claim, subject to the courts’ discretion to extend time. If he sues the manufacturer under the Consumer Protection Act 1987 (so as to avoid having to prove negligence) he has three years from the date of the injury to bring an action, subject to the court’s discretion to disapply the period; but his right of action under the 1987 Act is extinguished entirely if he does not sue within 10 years from when the mower was first bought. (2) Barbara was sexually abused by her uncle, Colin, from a young age until she was 14 years old. She is now 25 and suffers from a depressive illness and personality disorder. She has recently come to realise that her illness and disorder can be attributed to Colin’s abuse. But her action against Colin for trespass to the person will be time-barred (the limitation period being six years after she was 18). -
Download PDF on Financial Privilege
Report Financial Privilege The Undoubted and Sole Right of the Commons? Sir Malcolm Jack KCB PhD FSA Richard Reid PhD FINANCIAL PRIVILEGE THE UNDOUBTED AND SOLE RIGHT OF THE COMMONS? By Sir Malcolm Jack KCB PhD FSA and Richard Reid PhD Acknowlegements The authors thank The Constitution Society for commissioning and publishing this paper. First published in Great Britain in 2016 by The Constitution Society Top Floor, 61 Petty France London SW1H 9EU www.consoc.org.uk © The Constitution Society ISBN: 978-0-9954703-0-9 © Malcolm Jack and Richard Reid 2016. All rights reserved. Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of both the copyright owner and the publisher of this book. FINANCIAL PRIVILEGE 3 Contents Acknowlegements 2 About the Authors 4 Summary 5 PART 1 Conventions in Respect of Financial Privilege 6 PART 2 Parliament Acts 19 PART 3 Handling of Bills with Financial Provisions 30 PART 4 Secondary Legislation 41 PART 5 The Strathclyde Review 51 Appendix 1 Parliament Act 1911 62 Appendix 2 Parliament Act 1949 67 4 FINANCIAL PRIVILEGE About the Authors Sir Malcolm Jack was Clerk of the House of Commons from 2006–2011. He is editor of the current, twenty-fourth edition of Erskine May’s Parliamentary Practice, 2011. He lectures and writes on constitutional and historical subjects, having published widely on the history of ideas as well as on aspects of British, European and South African history. -
Immigration Law Affecting Commonwealth Citizens Who Entered the United Kingdom Before 1973
© 2018 Bruce Mennell (04/05/18) Immigration Law Affecting Commonwealth Citizens who entered the United Kingdom before 1973 Summary This article outlines the immigration law and practices of the United Kingdom applying to Commonwealth citizens who came to the UK before 1973, primarily those who had no ancestral links with the British Isles. It attempts to identify which Commonwealth citizens automatically acquired indefinite leave to enter or remain under the Immigration Act 1971, and what evidence may be available today. This article was inspired by the problems faced by many Commonwealth citizens who arrived in the UK in the 1950s and 1960s, who have not acquired British citizenship and who are now experiencing difficulty demonstrating that they have a right to remain in the United Kingdom under the current law of the “Hostile Environment”. In the ongoing media coverage, they are often described as the “Windrush Generation”, loosely suggesting those who came from the West Indies in about 1949. However, their position is fairly similar to that of other immigrants of the same era from other British territories and newly independent Commonwealth countries, which this article also tries to cover. Various conclusions arise. Home Office record keeping was always limited. The pre 1973 law and practice is more complex than generally realised. The status of pre-1973 migrants in the current law is sometimes ambiguous or unprovable. The transitional provisions of the Immigration Act 1971 did not intersect cleanly with the earlier law leaving uncertainty and gaps. An attempt had been made to identify categories of Commonwealth citizens who entered the UK before 1973 and acquired an automatic right to reside in the UK on 1 January 1973. -
Public Law and Civil Liberties ISBN 978-1-137-54503-9.Indd
Copyrighted material – 9781137545039 Contents Preface . v Magna Carta (1215) . 1 The Bill of Rights (1688) . 2 The Act of Settlement (1700) . 5 Union with Scotland Act 1706 . 6 Official Secrets Act 1911 . 7 Parliament Acts 1911 and 1949 . 8 Official Secrets Act 1920 . 10 The Statute of Westminster 1931 . 11 Public Order Act 1936 . 12 Statutory Instruments Act 1946 . 13 Crown Proceedings Act 1947 . 14 Life Peerages Act 1958 . 16 Obscene Publications Act 1959 . 17 Parliamentary Commissioner Act 1967 . 19 European Communities Act 1972 . 24 Local Government Act 1972 . 26 Local Government Act 1974 . 30 House of Commons Disqualification Act 1975 . 36 Ministerial and Other Salaries Act 1975 . 38 Highways Act 1980 . 39 Senior Courts Act 1981 . 39 Police and Criminal Evidence Act 1984 . 45 Public Order Act 1986 . 82 Official Secrets Act 1989 . 90 Security Service Act 1989 . 96 Intelligence Services Act 1994 . 97 Criminal Justice and Public Order Act 1994 . 100 Police Act 1996 . 104 Police Act 1997 . 106 Human Rights Act 1998 . 110 Scotland Act 1998 . 116 Northern Ireland Act 1998 . 121 House of Lords Act 1999 . 126 Freedom of Information Act 2000 . 126 Terrorism Act 2000 . 141 Criminal Justice and Police Act 2001 . 152 Anti-terrorism, Crime and Security Act 2001 . 158 Police Reform Act 2002 . 159 Constitutional Reform Act 2005 . 179 Serious Organised Crime and Police Act 2005 . 187 Equality Act 2006 . 193 Terrorism Act 2006 . 196 Government of Wales Act 2006 . 204 Serious Crime Act 2007 . 209 UK Borders Act 2007 . 212 Parliamentary Standards Act 2009 . 213 Constitutional Reform and Governance Act 2010 . 218 European Union Act 2011 . -
Universal Jurisdiction
UNIVERSAL JURISDICTION A PRELIMINARY SURVEY OF LEGISLATION AROUND THE WORLD – 2012 UPDATE Amnesty International Publications First published in October 2012 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2012 Index: IOR 53/019/2012 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom 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 prior permission of the publishers. Amnesty International is a global movement of more than 3 million supporters, members and activists in more than 150 countries and territories who campaign to end grave abuses of human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. CONTENTS I. INTRODUCTION ..................................................................................................................1 A. The two annexes...........................................................................................................6 B. Definitions...................................................................................................................7 -
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. -
HRA-News-160-April-2020.Pdf
April 2020 The official journal of THE HERITAGE RAILWAY ASSOCIATION Issue 160 UNTIL FURTHER NOTICE Three general managers talk about coping with lockdown New faces at the HRA! COVID-19 Advice and guidance Coal OFFERS 2020 Awards & winners update WANTS Chairman’s Briefing Dates for your Diary Dear Member, November 2020 Right now, you’re trying to see the future for your railway, or your museum, your tramway, your cliff railway. When can you reopen? 10th Autumn Seminar How will finances look? How long will it take things to get back to 11th Autumn Management Forum normal? You’re not alone. Thank goodness for the friendship and solidarity of the heritage railways movement. We’ve always been good at collaboration Inside this edition and sharing, from locomotives and rolling stock, through staff and equipment, to knowledge and ideas. I’m proud to say that the Chairman’s Briefing 2 Chief Exec’s Briefing 3 HRA has contributed to that solidarity and sharing. Today, we’re Covid -19 4 working even harder at our role of supporting all our members, Covid -19 HRA support 6 and helping you all to speak with one voice for the aid and Coal - latest news 10 consideration we’ll be needing over the weeks and months to Coal - key facts 13 come. New Faces at the HRA 14 Members News 15 We can’t help looking ahead. Many of you will be planning for a Friends Tour 16 long, dry season. And that’s wise work. But there’s also plenty of In Memoriam 17 important work to do today. -
Well Managed Highway Liability Risk FOREWORD
theihe.org Well Managed Highway Liability Risk FOREWORD The Institute of Highway Engineers is delighted to have been invited to review and update the current guidance on Risk and Liability within the highways sector. Following on from the publication of the UKRLG document “Well Managed Highway Infrastructure” this guide seeks to provide further insight and advice on the risk and evidence- based approach to service delivery and the effective management of highway liability risk exposures. The guidance applies throughout all parts of the United Kingdom and particular attention has been given to ensure any specific arrangements within the devolved administrations has been identified. Tony Kirby, President IHE March 2017 Second edition UPDATED clauses 5.5.13 and 5.5.27 July 2019 The IHE The IHE provides professional leadership and support for highway engineers working to improve the transport environment. We set high standards of competence for CEng, IEng and EngTech and help you to achieve your ambitions. IHE Professional Certificates recognise specialists’ achievements and are proof of your competence. Member benefits include access to relevant technical information, support for your Professional Review and specialist and local networks. DISCLAIMER This publication provides general information and is not intended to be comprehensive or to provide any specific legal advice. Professional advice appropriate to the specific situation should always be sought. The Institute of Highway Engineers do not accept any responsibility for any loss occasioned to any person acting or refraining from acting on material contained in this summary. No part of this summary may be used, reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, reading or otherwise without the prior permission of the Institute of Highway Engineers. -
Tax Dictionary T
Leach’s Tax Dictionary. Version 9 as at 5 June 2016. Page 1 T T Tax code Suffix for a tax code. This suffix does not indicate the allowances to which a person is entitled, as do other suffixes. A T code may only be changed by direct instruction from HMRC. National insurance National insurance contribution letter for ocean-going mariners who pay the reduced rate. Other meanings (1) Old Roman numeral for 160. (2) In relation to tapered reduction in annual allowance for pension contributions, the individual’s adjusted income for a tax year (Finance Act 2004 s228ZA(1) as amended by Finance (No 2) Act 2015 Sch 4 para 10). (3) Tesla, the unit of measure. (4) Sum of transferred amounts, used to calculate cluster area allowance in Corporation Tax Act 2010 s356JHB. (5) For the taxation of trading income provided through third parties, a person carrying on a trade (Income Tax (Trading and Other Income) Act 2005 s23A(2) as inserted by Finance (No 2) Act 2017 s25(2)). (6) For apprenticeship levy, the total amount of levy allowance for a company unit (Finance Act 2016 s101(7)). T+ Abbreviation sometimes used to indicate the number of days taken to settle a transaction. T$ (1) Abbreviation: pa’anga, currency of Tonga. (2) Abbreviation: Trinidad and Tobago dollar. T1 status HMRC term for goods not in free circulation. TA (1) Territorial Army. (2) Training Agency. (3) Temporary admission, of goods for Customs purposes. (4) Telegraphic Address. (5) In relation to residence nil rate band for inheritance tax, means the amount on which tax is chargeable under Inheritance Tax Act 1984 s32 or s32A. -
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. -
Transport and Works (Scotland) Act 2007 (Asp 8)
Transport and Works (Scotland) Act 2007 (asp 8) Transport and Works (Scotland) Act 2007 2007 asp 8 CONTENTS Section PART 1 ORDERS AUTHORISING WORKS ETC. Power to make orders 1 Orders as to transport systems and inland waterways 2 Subject-matter of orders under section 1 3 Crown land Procedure for making orders 4 Applications 5 Cases where other Member States are affected 6 Orders made otherwise than on application 7 Model provisions 8 Objections and representations 9 Inquiries and hearings 10 Procedure at inquiries and hearings 11 Making or refusal of orders under section 1 12 Publicity for making or refusal of order 13 “Developments of national significance” etc.: special procedure Consents etc. under other enactments 14 Consents etc. under other enactments 15 Town and country planning Miscellaneous 16 Validity of orders under section 1 17 Powers of certain bodies to apply for, or object to, order under section 1 18 Access to land 19 Acquisition of land by agreement 20 Service of notices and other documents 21 Annual report 22 Orders under the Light Railways Act 1896 23 Interpretation ii Transport and Works (Scotland) Act 2007 (asp 8) PART 2 MISCELLANEOUS AMENDMENTS 24 Amendment of Roads (Scotland) Act 1984 25 Amendment of Harbours Act 1964 26 Amendment of Pilotage Act 1987 27 Amendment of Transport (Scotland) Act 2001 PART 3 GENERAL 28 Further provision as regards rules, regulations and orders 29 Modification and repeal of enactments 30 Short title, commencement and transitional provision __________ Schedule 1—Matters within section 1 Schedule 2—Modification of enactments Schedule 3—Repeals Transport and Works (Scotland) Act 2007 (asp 8) 1 Part 1—Orders authorising works etc.