DOCSLIB.ORG

Subordinate Legislation Committee

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Subordinate Legislation Committee Subordinate Legislation Committee 1st Report, 2011 (Session 4) Subordinate Legislation SP Paper 5 Web only Session 4 (2011) ©Parliamentary copyright. Scottish Parliamentary Corporate Body 2011. Applications for reproduction should be made in writing to the Information Policy team, Office of the Queen's Printer for Scotland, Admail ADM4058,Edinburgh, EH1 1NG, or by e-mail to: [email protected]. OQPS administers the copyright on behalf of the Scottish Parliamentary Corporate Body. Printed and published in Scotland on behalf of the Scottish Parliamentary Corporate Body by RR Donnelley. Subordinate Legislation Committee 1st Report, 2011 (Session 4) Subordinate Legislation Published by the Scottish Parliament on 16 June 2011 Subordinate Legislation Committee Remit and membership Remit: The remit of the Subordinate Legislation Committee is to consider and report on— (a) any— (i) subordinate legislation laid before the Parliament; (ii) [deleted] (iii) pension or grants motion as described in Rule 8.11A.1; and, in particular, to determine whether the attention of the Parliament should be drawn to any of the matters mentioned in Rule 10.3.1; (b) proposed powers to make subordinate legislation in particular Bills or other proposed legislation; (c) general questions relating to powers to make subordinate legislation; (d) whether any proposed delegated powers in particular Bills or other legislation should be expressed as a power to make subordinate legislation; (e) any failure to lay an instrument in accordance with section 28(2), 30(2) or 31 of the 2010 Act; and (f) proposed changes to the procedure to which subordinate legislation laid before the Parliament is subject. (Standing Orders of the Scottish Parliament, Rule 6.11) Membership: Chic Brodie Nigel Don James Dornan Kezia Dugdale Mike MacKenzie John Scott Drew Smith Committee Clerking Team: Clerk to the Committee Irene Fleming Assistant Clerk Euan Donald Support Manager Lori Gray SL/S4/11/R1 Subordinate Legislation Committee 1st Report, 2011 (Session 4) Subordinate Legislation The Committee reports to the Parliament as follows— 1. At its meeting on 14 June 2011, the Committee agreed to draw the attention of the Parliament to the following two instruments: Aquatic Animal Health (Scotland) Amendment Regulations (SSI 2011/259); and Act of Sederunt (Jurisdiction in Respect of Parental Responsibility and Measures for the Protection of Children Rules) (SSI 2011/192) 2. The Committee’s recommendations in relation to each of these instruments are set out in turn below. NEGATIVE PROCEDURE Aquatic Animal Health (Scotland) Amendment Regulations (SSI 2011/259) (Rural Affairs, Climate Change and Environment Committee) 3. The Regulations are subject to negative procedure. The purpose of the Regulations is to give effect to European Commission Decision 2011/187/EU which allows the UK to take national measures to make the “Oyster Herpes Virus” a notifiable disease. 4. European Commission Decision 2011/187/EU applies throughout the UK from 1 May 2011 and has already been implemented in England, Wales and Northern Ireland through separate instruments. 5. These Regulations were laid on 24 May, and came into force on 27 May and as such failed to comply with section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Section 28(2) provides that a Scottish statutory instrument which is subject to negative procedure must be laid before Parliament as soon as practicable after it is made, and in any event at least 28 days before the instrument comes into force. SP Paper 5 1 Session 4 (2011) Subordinate Legislation Committee, 1st Report, 2011 (Session 4) 6. A failure to comply with section 28(2) does not render the instrument invalid, but the Scottish Government must write to the Presiding Officer to explain why the laying requirements have not been complied with. 7. In compliance with this requirement, the Scottish Government wrote to the Presiding Officer explaining that as Decision 2011/187/EU became applicable during the Parliament’s dissolution period it was decided to delay laying these Regulations until after the Parliament resumed. 8. Furthermore, the Scottish Government’s letter explains that it was considered appropriate not to wait 28 days before bringing the Regulations into force because any further delay would mean that “the Scottish shellfish industry, and the rest of the UK, would continue to be vulnerable to imports of Pacific oysters infected with oyster herpes virus which do not require to be accompanied by a health certificate. 9. Given the failure to comply with section 28(2), the Committee draws the attention of the Parliament to this instrument under reporting ground 10.3.1(j) of standing orders (that there appears to have been a failure to lay the instrument in accordance with section 28(2), 30(2) or 31 of the 2010 Act). However, the Committee has considered the letter from the Scottish Government and is satisfied by the reasons set out in it. 10. The Committee therefore draws this instrument to the attention of the Parliament on the basis that it has failed to comply with the terms of section 28(2), but in so doing intimates that it is satisfied with the reasons provided by the Scottish Government for the failure to do so. 2 Subordinate Legislation Committee, 1st Report, 2011 (Session 4) NOT LAID Act of Sederunt (Jurisdiction in Respect of Parental Responsibility and Measures for the Protection of Children Rules) (SSI 2011/192) 11. This instrument was not laid before the Parliament as it was made before the new SSI procedures came into force on 6 April 2011. It establishes rules of court which apply to the raising of cases in the Sheriff Court under the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (“the Convention”). 12. In particular, the instrument sets out the form which applications to the court must take, and the information which they must contain. It also specifies the duties of the court, for example in cases when the matter is to be referred to a foreign court for consideration. 13. Correspondence between the Committee and the Lord President’s Private Office (“LPPO”) is reproduced in the Appendix. 14. Ratification of the Convention is the event which triggers its coming into force (three months later). In turn, this instrument and other related instruments will come into force at the same time. LPPO has confirmed that work towards ratification is ongoing. Publicity will be given to the coming into force date by its publication in the Edinburgh Gazette. 15. LPPO advised that the Postal Services Act 2000 provides certain “glosses” – provisions which alter the interpretation of other legislation – which assist in interpreting this instrument. References to “registered post”, for example, are to be read as references to any postal service which has the characteristics of registered post. 16. Following further discussions, LPPO advised that it understands sheriff clerks use Royal Mail’s International Signed For service when sending documents abroad under similar provisions in other Rules. LPPO considers that sheriff clerks could comply with the provisions of this instrument by using this service. However, LPPS accepts that it would have been simpler to refer directly to services which are currently available, rather than referring to “registered post” and relying on the glosses in the Postal Services Act 2000 to achieve this result. 17. Whilst mindful of the explanation provided, the Committee considers that the meaning of the instrument in this regard could have been clearer. 18. The Committee notes that rules 4(2)(b), 5(3)(b) and 7(2)(b) prescribe the use of a defunct postal service as the means of serving documents. The Committee is concerned that the rules rely on interpretation provisions in the Postal Services Act 2000 to identify a current postal service which may be used, when the instrument might have referred directly to that current service to avoid confusion. The Committee therefore draws the instrument to the attention of the Parliament on ground 10.3.1(h) of Standing Orders (that for any special reason its form or meaning could be clearer). 3 Subordinate Legislation Committee, 1st Report, 2011 (Session 4) 19. At the same meeting, the Committee also considered the following instruments and determined that it not need to draw the attention of the Parliament to any of the instruments on any grounds within its remit: Education and Culture Education Maintenance Allowances (Scotland) Amendment Regulations 2011 (SSI 2011/261) Health and Sport Committee National Health Service Central Register (Scotland) Amendment Regulations 2011 (SSI 2011/265) General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules Order of Council 2011 (SI 2011/1367) Rural Affairs, Climate Change and Environment Committee Rural Development Support Measures (Control Procedures and Miscellaneous Amendments) (Scotland) Regulations 2011 (SSI 2011/260) Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 2011 (SSI 2011/262) Not Laid Act of Sederunt (Rules of the Court of Session Amendment No. 3) (Miscellaneous) 2011 (SSI 2011/190) Act of Sederunt (Valuation Appeal Rules Amendment) 2011 (SSI 2011/191) Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2011 (SSI 2011/193) Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2011 (SSI 2011/194) 4 Subordinate Legislation
Load more

Recommended publications
  • PUBLIC RECORDS ACT 1958 (C
    PUBLIC RECORDS ACT 1958 (c. 51)i, ii An Act to make new provision with respect to public records and the Public Record Office, and for connected purposes. [23rd July 1958] General responsibility of the Lord Chancellor for public records. 1. - (1) The direction of the Public Record Office shall be transferred from the Master of the Rolls to the Lord Chancellor, and the Lord Chancellor shall be generally responsible for the execution of this Act and shall supervise the care and preservation of public records. (2) There shall be an Advisory Council on Public Records to advise the Lord Chancellor on matters concerning public records in general and, in particular, on those aspects of the work of the Public Record Office which affect members of the public who make use of the facilities provided by the Public Record Office. The Master of the Rolls shall be chairman of the said Council and the remaining members of the Council shall be appointed by the Lord Chancellor on such terms as he may specify. [(2A) The matters on which the Advisory Council on Public Records may advise the Lord Chancellor include matters relating to the application of the Freedom of Information Act 2000 to information contained in public records which are historical records within the meaning of Part VI of that Act.iii] (3) The Lord Chancellor shall in every year lay before both Houses of Parliament a report on the work of the Public Record Office, which shall include any report made to him by the Advisory Council on Public Records.
    [Show full text]
  • Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency
    International Law Research; Vol. 6, No. 1; 2017 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency 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: November 20, 2016 Accepted: February 19, 2017 Online Published: March 7, 2017 doi:10.5539/ilr.v6n1p1 URL: https://doi.org/10.5539/ilr.v6n1p1 1. INTRODUCTION Prior articles have asserted that English criminal law is very fragmented and that a considerable amount of the older law - especially the common law - is badly out of date.1 The purpose of this article is to consider the crime of public nuisance (also called common nuisance), a common law crime. The word 'nuisance' derives from the old french 'nuisance' or 'nusance' 2 and the latin, nocumentum.3 The basic meaning of the word is that of 'annoyance';4 In medieval English, the word 'common' comes from the word 'commune' which, itself, derives from the latin 'communa' - being a commonality, a group of people, a corporation.5 In 1191, the City of London (the 'City') became a commune. Thereafter, it is usual to find references with that term - such as common carrier, common highway, common council, common scold, common prostitute etc;6 The reference to 'common' designated things available to the general public as opposed to the individual. For example, the common carrier, common farrier and common innkeeper exercised a public employment and not just a private one.
    [Show full text]
  • Counter-Terrorism and Security Act 2015
    Counter-Terrorism and Security Act 2015 CHAPTER 6 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately £14.25 Counter-Terrorism and Security Act 2015 CHAPTER 6 CONTENTS PART 1 TEMPORARY RESTRICTIONS ON TRAVEL CHAPTER 1 POWERS TO SEIZE TRAVEL DOCUMENTS 1 Seizure of passports etc from persons suspected of involvement in terrorism CHAPTER 2 TEMPORARY EXCLUSION FROM THE UNITED KINGDOM Imposition of temporary exclusion orders 2 Temporary exclusion orders 3 Temporary exclusion orders: prior permission of the court 4 Temporary exclusion orders: supplementary provision Permit to return 5 Permit to return 6 Issue of permit to return: application by individual 7 Issue of permit to return: deportation or urgent situation 8 Permit to return: supplementary provision Obligations after return to the United Kingdom 9 Obligations after return to the United Kingdom ii Counter-Terrorism and Security Act 2015 (c. 6) Offences and proceedings etc 10 Offences 11 Review of decisions relating to temporary exclusion orders 12 Temporary exclusion orders: proceedings and appeals against convictions Supplementary 13 Regulations: giving of notices, legislation relating to passports 14 Chapter 2: interpretation 15 Chapter 2: consequential amendments PART 2 TERRORISM PREVENTION AND INVESTIGATION MEASURES 16 TPIMs: overnight residence measure 17 TPIMs: travel measure 18 TPIMs: weapons and explosives measure 19 TPIMs: appointments measure 20 TPIMs: miscellaneous amendments PART 3 DATA RETENTION 21 Retention of relevant
    [Show full text]
  • Tribunals, Courts and Enforcement Act 2007
    Tribunals, Courts and Enforcement Act 2007 CHAPTER 15 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately £32·00 Tribunals, Courts and Enforcement Act 2007 CHAPTER 15 CONTENTS PART 1 TRIBUNALS AND INQUIRIES CHAPTER 1 TRIBUNAL JUDICIARY: INDEPENDENCE AND SENIOR PRESIDENT 1 Independence of tribunal judiciary 2 Senior President of Tribunals CHAPTER 2 FIRST-TIER TRIBUNAL AND UPPER TRIBUNAL Establishment 3 The First-tier Tribunal and the Upper Tribunal Members and composition of tribunals 4 Judges and other members of the First-tier Tribunal 5 Judges and other members of the Upper Tribunal 6 Certain judges who are also judges of First-tier Tribunal and Upper Tribunal 7 Chambers: jurisdiction and Presidents 8 Senior President of Tribunals: power to delegate Review of decisions and appeals 9 Review of decision of First-tier Tribunal ii Tribunals, Courts and Enforcement Act 2007 (c. 15) 10 Review of decision of Upper Tribunal 11 Right to appeal to Upper Tribunal 12 Proceedings on appeal to Upper Tribunal 13 Right to appeal to Court of Appeal etc. 14 Proceedings on appeal to Court of Appeal etc. "Judicial review" 15 Upper Tribunal’s “judicial review” jurisdiction 16 Application for relief under section 15(1) 17 Quashing orders under section 15(1): supplementary provision 18 Limits of jurisdiction under section 15(1) 19 Transfer of judicial review applications from High Court 20 Transfer of judicial review applications from the Court of Session 21 Upper Tribunal’s “judicial review” jurisdiction:
    [Show full text]
  • Postal Services Bill [Hl] Explanatory Notes
    These notes refer to the Postal Services Bill [HL] as introduced in the House of Lords on 25th February 2009 [HL Bill 24] POSTAL SERVICES BILL [HL] —————————— EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes relate to the Postal Services Bill [HL] as introduced into the House of Lords on 25th February 2009. They have been prepared by the Department for Business, Enterprise and Regulatory Reform in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament. 2. The Notes need to be read in conjunction with the Bill. They are not, and are not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause does not seem to require any explanation or comment, none is given. BACKGROUND 3. At present, legislation governing the postal services sector is contained in the Postal Services Act 2000. This Act, amongst other things, gave the postal services regulator, the Postal Services Commission (Postcomm), its duties and powers, including the duty to ensure the provision of a universal postal service. The 2000 Act also introduced a new system of licensing and regulation for postal service operators. 4. The universal postal service set out in the Act is the minimum service that must be made available to all addresses in the United Kingdom, which number some 28 million at present. In the United Kingdom, the universal service provides for deliveries of letters six- days-per-week across the national network at uniform affordable prices.
    [Show full text]
  • Discussion Paper on Interest on Debt and Damages
    SCOTTISH LAW COMMISSION Discussion Paper No 127 Discussion Paper on Interest on Debt and Damages January 2005 This Discussion Paper is published for comment and criticism and does not represent the final views of the Scottish Law Commission EDINBURGH: The Stationery Office £xx.xx This publication (excluding the Scottish Law Commission logo) may be re-used free of charge in any format or medium for research for non-commercial purposes, private study or for internal circulation within an organisation. This is subject to it being re-used accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the publication specified. For any other use of this material please apply for a Click-Use Licence for core material at www.hmso.gov.uk/copyright/licences/core/core_licence.htm or by writing to: OQPS Licensing Division, St Clements House, 2-16 Colegate, Norwich, NR3 1BQ; Fax: 01603 723000; Email: [email protected]. ii The Scottish Law Commission was set up by section 2 of the Law Commissions Act 19651 for the purpose of promoting the reform of the law of Scotland. The Commissioners are: The Honourable Lord Eassie, Chairman Professor Gerard Maher, QC Professor Kenneth G C Reid Professor Joseph M Thomson Mr Colin J Tyre, QC. The Chief Executive of the Commission is Miss Jane L McLeod. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. The Commission would be grateful if comments on this Discussion Paper were submitted by 29 April 2005. Comments may be made on all or any of the matters raised in the paper.
    [Show full text]
  • Legislating for Brexit: Statutory Instruments Implementing EU Law
    ` BRIEFING PAPER Number 7867, 16 January 2017 Legislating for Brexit: Statutory By Vaughne Miller Instruments implementing EU law Contents: 1. Introduction 2. EU law in the UK 3. Appendix List of SIs www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Legislating for Brexit: Statutory Instruments implementing EU law Contents Summary 4 1. Introduction 6 2. EU law in the UK 7 2.1 How are SIs to implement EU laws adopted? 7 2.1 Do the devolved Administrations adopt EU law? 8 2.2 Where can I find EU-related SIs? 8 3. Appendix List of SIs 9 3 Commons Library Briefing, 16 January 2017 Contributing Authors: Sasha Gorb Cover page image copyright EU flag, British flag and Palace of Westminster – CC0 Public domain: no attribution required. All images cropped. 4 Legislating for Brexit: Statutory Instruments implementing EU law Summary According to data on the EU’s Eur-Lex database, there are at present around 19,000 EU legislative acts in force. These are mainly directives, regulations, decisions and external agreements, but they include a range of other instruments. As Commons Briefing Paper Legislating for Brexit: the Great Repeal Bill, CBP7793, 21 November 2016, explains, a major issue for Brexit is what to do about EU legislation that has been incorporated into UK law. Section 2(2) of the European Communities Act 1972 (ECA) provides a power for subordinate legislation to be made where the EU Treaties require Member States to make provisions in their domestic law, such as for the implementation of EU directives.
    [Show full text]
  • Constitutional and Administrative Law Palgrave Law Masters
    Palgrave Law Masters Constitutional and Administrative Law Palgrave Law Masters Company Law Janet Dine and Marios Koutsias Constitutional and Administrative Law John Alder and Keith Syrett Contract Law Ewan McKendrick Criminal Law Jonathan Herring Employment Law Deborah J Lockton Evidence Raymond Emson Family Law Paula Davies and Paven Basuita Intellectual Property Law Tina Hart, Linda Fazzani and Simon Clark Land Law Mark Davys Landlord and Tenant Law Margaret Wilkie, Peter Luxton, Jill Morgan and Godfrey Cole Legal Method Ian McLeod Legal Theory Ian McLeod Medical Law Jo Samanta and Ash Samanta Sports Law Mark James Torts Alastair Mullis, Ken Oliphant and Sandy Steel Trusts Law Charlie Webb and Tim Akkouh If you would like to comment on this book, or on the series generally, please write to [email protected]. Palgrave Law Masters Constitutional and Administrative Law John Alder Emeritus Professor of Law, Newcastle University Keith Syrett Professor of Public Health Law, Cardiff University Eleventh edition © John Alder 1989, 1994, 1999, 2002, 2005, 2007, 2009, 2011, 2013 and 2015 © John Alder and Keith Syrett 2017 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. Crown Copyright material is licensed under the Open Government Licence v3.0. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6–10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages.
    [Show full text]
  • Sc Liv 39 Liv-Sg555-20 Judgment of Sheriff
    SHERIFFDOM OF LOTHIAN AND BORDERS AT LIVINGSTON [2021] SC LIV 39 LIV-SG555-20 JUDGMENT OF SHERIFF DOUGLAS A KINLOCH, Advocate in the cause CABOT FINANCIAL UK LIMITED Claimants against KEVIN DONNELLY Respondent 7 June 2021 [1] The issue in this case, which may be of some considerable practical importance, is whether in a Simple Procedure Case where the claimant is seeking a decree in absence, it is sufficient for the claimant merely to show that the claim form was posted to the respondent, or whether it has to be proved that the respondent has actually received it. Background [2] The background to this case is that the claimants raised a Simple Procedure action for payment against the respondent in respect of an unpaid overdraft. The claimants’ solicitors served the claim form on him by means of the Royal Mail’s “Signed For” postal service. The respondent did not defend the action, and did not lodge any response form. The claimants applied to the court for a decision against the respondent, and lodged Form 6C with the court, that is, the Simple Procedure Confirmation of Service form. The Sheriff Clerk’s office, 2 however, carried out a “Track and Trace” check in relation to service of the claim form to try and ascertain whether the claim form had actually been delivered to the respondent. The Track and Trace check stated that the claim form had “been posted at a post office” and that “the next update you’ll see is after we’ve attempted to deliver to the recipient”. No update to the Track and Trace entry was ever forthcoming, and the envelope in which the claim form was served was not returned by the Royal Mail.
    [Show full text]
  • Provisions of the Insolvency Act 1986 As Amended Applicable Under Devolved Scottish Law
    Provisions of the Insolvency Act 1986 as amended applicable under devolved Scottish Law Insolvency Act 1986 c. 45 Part I Company Voluntary Arrangements The proposal 1. Those who may propose an arrangement. [1A. Moratorium. 2. Procedure where nominee is not the liquidator or administrator. [4A.— Approval of arrangement. 3. Summoning of meetings. Consideration and implementation of proposal 4. Decisions of meetings. 5. Effect of approval. 6. Challenge of decisions. (1) Subject to this section, an application to the court may be made, by any of the persons specified below, on one or both of the following grounds, namely— [6A. False representations, etc. 7. Implementation of proposal. [7A. Prosecution of delinquent officers of company. [7B. Arrangements coming to an end prematurely. Part II Administration Making etc. of administration order 8. [For most companies, the current rules for administration, as introduced by the Enterprise Act 2002, will be found in Sch.B1. For those few companies to which the special administrative regime applies (2002 c.40 Part 10. s.248(1), 15.09.03) the original Part II of the Insolvency Act (ss.8-27) remains in force. The original Part II is not reproduced here.] The First Group of Parts Company Insolvency; Companies Winding Up Part III: Receivership Chapter II: Receivers (Scotland) 50. Extent of this Chapter. 51. Power to appoint receiver. 52. Circumstances justifying appointment. 53. Mode of appointment by holder of charge. 54. Appointment by court. 55. Powers of receiver. 56. Precedence among receivers. 57. Agency and liability of receiver for contracts. 58. Remuneration of receiver. 59. Priority of debts.
    [Show full text]
  • Postal Regulation: Transition to the New Regulatory Framework
    Postal regulation: Transition to the new regulatory framework Statement Publication date: 29 September 2011 Postal regulation: Transition to the new regulatory framework 1 Contents Section 1 Summary 1 2 Responses to the consultation and Ofcom’s decisions 2 Annex 1 Provisional designation of universal service provider 8 2 Notice of regulatory conditions and direction 9 3 Transposition schedule 122 4 Ofcom statement of charging principles 123 5 Information gathering guidelines 125 6 Disputes 126 7 Form of decisions Ofcom intends to make on 1 October 2011 130 Postal regulation: Transition to the new regulatory framework Section 1 1 Summary 1.1 The Postal Services Act 2011 (“the Act”) received Royal Assent on 13 June 2011. It provides, amongst other things, for responsibility of regulation for postal services to move from the existing regulator, Postcomm, to Ofcom. It also replaces the existing licensing regime with a general authorisation regime. The general authorisation regime will come into effect on 1 October 2011. 1.2 On 8 August 2011, Ofcom consulted on our proposals for the regulatory regime to apply from 1 October 2011. The consultation closed on 9 September 2011. This document sets out our decisions: • provisionally to designate Royal Mail as a universal service provider (section 2 and annex 1); • to re-approve the Postal Redress Service (POSTRS) and the consumer redress scheme criteria (section 2 and annex 7); • for the regulatory conditions (section 2 and annex 2); • for the charging principles (section 2 and annex 4); and • for information gathering (section 2 and annex 5). 1.3 Under the Communications Act 2003, we are required to publish an impact assessment where a proposal in connection with the carrying out of our functions is “important”.
    [Show full text]
  • Statute Law Repeals: Consultation Paper Trade and Industry
    Statute Law Repeals: Consultation Paper Trade and Industry SLR 01/14: Closing date for responses – 3 October 2014 THE LAW COMMISSION – HOW WE CONSULT About the Law Commission: The Law Commission for England and Wales 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, David Hertzell, Professor David Ormerod QC and Nicholas Paines QC. The Chief Executive is Elaine Lorimer. Topic of this consultation: The Consultation Paper has been produced by the Law Commission’s Statute Law Repeals team. It reviews the statute law relating to Trade and Industry and proposes the repeal of a number of obsolete Acts. Scope of this consultation: The purpose of this consultation is to generate responses to these proposals. Geographical scope: England and Wales, Scotland and Northern Ireland. The Telegraph Acts 1868 and 1870 also extended to the Channel Islands and the Isle of Man. Duration of the consultation: 27 June 2014 to 3 October 2014 How to respond Please send your responses either- By email to: [email protected] or By post to: John Saunders, Law Commission, 1st Floor, Tower, Post Point 1.55, 52 Queen Anne’s Gate, London SW1H 9AG (access via 102 Petty France) Tel: 020 3334 3751 If you send your comments by post, it would be helpful if, where possible, you could also send them electronically (for example, by email to the above address, in any commonly used format).
    [Show full text]