Twenty-Eighth Report of Session 2006–07
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Changing Mental Health Legislation in the UK† Tony Zigmond
Advances in Psychiatric Treatment (2008), vol. 14, 81–83 doi: 10.1192/apt.bp.107.005116 Editorial Changing mental health legislation in the UK† Tony Zigmond Abstract Following devolution, the mental health acts of the constituent countries of the UK are diverging in their provisions. This editorial describes three significant differences between the new Mental Health (Care and Treatment) (Scotland) Act 2003, which came into effect in Scotland in 2005, and the Mental Health Act 2007 for England and Wales. Devolution, in relation to mental health law, has It has been argued that we should not have come of age. The Mental Health (Care and Treat- any separate mental health legislation and that ment) (Scotland) Act 2003 is very different both the mental capacity legislation, with perhaps from its forerunner in Scotland and from the Men- some additional safeguards, should be the basis tal Health Act 1983 for England and Wales, even as for all non-consensual treatment (Zigmond, 1998; amended by the Mental Health Act 2007. Should Szmukler & Holloway, 1998). The proposals for the report of the Bamford Review of the legislative Northern Ireland are in line with this approach. The framework in Northern Ireland (Bamford Review of College in England and Wales took the view, as had Mental Health and Learning Disability (NI), 2007) already been accepted in Scotland, that the criteria be accepted and turned into a mental health act then for determining capacity as set out in the Mental we will have a third, very distinct, piece of mental Capacity Act 2005 are too narrow for use with people health law with in the UK. -
Lord Chief Justice Delegation of Statutory Functions
Delegation of Statutory Functions Lord Chief Justice – Delegation of Statutory Functions Introduction The Lord Chief Justice has a number of statutory functions, the exercise of which may be delegated to a nominated judicial office holder (as defined by section 109(4) of the Constitutional Reform Act 2005 (the 2005 Act). This document sets out which judicial office holder has been nominated to exercise specific delegable statutory functions. Section 109(4) of the 2005 Act defines a judicial office holder as either a senior judge or holder of an office listed in schedule 14 to that Act. A senior judge, as defined by s109(5) of the 2005 Act refers to the following: the Master of the Rolls; President of the Queen's Bench Division; President of the Family Division; Chancellor of the High Court; Senior President of Tribunals; Lord or Lady Justice of Appeal; or a puisne judge of the High Court. Only the nominated judicial office holder to whom a function is delegated may exercise it. Exercise of the delegated functions cannot be sub- delegated. The nominated judicial office holder may however seek the advice and support of others in the exercise of the delegated functions. Where delegations are referred to as being delegated prospectively1, the delegation takes effect when the substantive statutory provision enters into force. The schedule is correct as at 12 May 2015.2 The delegations are currently subject to review by the Lord Chief Justice and a revised schedule will be published later in 2015. 1 See Interpretation Act 1978, section 13. 2 The LCJ has on three occasions suspended various delegations in order to make specific Practice Directions. -
Embedded Generation Connection Incentives for Distribution Network Operators
EMBEDDED GENERATION CONNECTION INCENTIVES FOR DISTRIBUTION NETWORK OPERATORS Report Number: K/EL/00286/REP URN 02/1148 Contractor Ilex Energy Consulting Prepared by Peter Williams Stephen Andrews The work described in this report was carried out under contract as part of the DTI Sustainable Energy Programmes. The views and judgements expressed in this report are those of the contractor and do not necessarily reflect those of the DTI. First Published 2002 © Crown copyright Disclaimer While ILEX considers that the information and opinions given in this work are sound, all parties must rely upon their own skill and judgement when making use of it. ILEX does not make any representation or warranty, expressed or implied, as to the accuracy or completeness of the information contained in this report and assumes no responsibility for the accuracy or completeness of such information. ILEX will not assume any liability to anyone for any loss or damage arising out of the provision of this report. TABLE OF CONTENTS INTRODUCTION I 1. REVIEW OF THE EXISTING OBLIGATIONS ON DISTRIBUTION NETWORK OPERATORS 1 2. REVIEW OF DNO PRACTICE 9 3. INTRODUCTION OF THE UTILITIES ACT 2000 21 4. DNO INCENTIVES - PROBLEMS AND PROSPECTS 36 ANNEX A: DNO QUESTIONNAIRE 60 [This page is intentionally blank] INTRODUCTION This is a final report on the work undertaken by ILEX on the ‘Connection Incentives for Distribution Network Operators’ project - commissioned by the DTI as part of the New and Renewable Energy Programme. This work covers the tasks of the project as described in the original proposal and subsequently formalised under contract between ILEX and ETSU1. -
Scotland Act 2016 Is up to Date with All Changes Known to Be in Force on Or Before 22 July 2021
Status: Point in time view as at 01/12/2017. This version of this Act contains provisions that are not valid for this point in time. Changes to legislation: Scotland Act 2016 is up to date with all changes known to be in force on or before 22 July 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) Scotland Act 2016 2016 CHAPTER 11 An Act to amend the Scotland Act 1998 and make provision about the functions of the Scottish Ministers; and for connected purposes. [23rd March 2016] 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 CONSTITUTIONAL ARRANGEMENTS The Scottish Parliament and the Scottish Government 1 Permanence of the Scottish Parliament and Scottish Government In the Scotland Act 1998 after Part 2 (the Scottish Administration) insert— “PART 2A PERMANENCE OF THE SCOTTISH PARLIAMENT AND SCOTTISH GOVERNMENT 63A Permanence of the Scottish Parliament and Scottish Government (1) The Scottish Parliament and the Scottish Government are a permanent part of the United Kingdom's constitutional arrangements. (2) The purpose of this section is, with due regard to the other provisions of this Act, to signify the commitment of the Parliament and Government of the United Kingdom to the Scottish Parliament and the Scottish Government. -
Utilities Act 2000 Is up to Date with All Changes Known to Be in Force on Or Before 25 September 2021
Status: This version of this Act contains provisions that are prospective. Changes to legislation: Utilities Act 2000 is up to date with all changes known to be in force on or before 25 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Utilities Act 2000 2000 CHAPTER 27 PART I NEW REGULATORY ARRANGEMENTS 1 Gas and Electricity Markets Authority. (1) There shall be a body corporate to be known as the Gas and Electricity Markets Authority (in this Act referred to as “the Authority”) for the purpose of carrying out— (a) functions transferred to the Authority from the Director General of Gas Supply and the Director General of Electricity Supply; and (b) the other functions of the Authority under this Act. (2) The functions of the Authority are performed on behalf of the Crown. (3) The offices of Director General of Gas Supply and Director General of Electricity Supply are abolished. (4) Schedule 1 has effect with respect to the Authority. Commencement Information I1 S. 1 wholly in force at 1.10.2001; s. 1 not in force at Royal Assent see s. 110(2); s. 1(1)(2)(4) in force at 1.11.2000 by S.I. 2000/2917, art. 2; s. 1(3) in force at 1.10.2001 by S.I. 2001/3266, art. 2, Sch. (subject to transitional provisions in arts. 3-20) F12 Gas and Electricity Consumer Council. -
THE RIGHTS and WRONGS of the PSYCHOPATH in CRIMINAL LAW: HOW MODERN SCIENCE MUST RESHAPE OLD POLICY. © Jasmine Nicolson* INTROD
THE RIGHTS AND WRONGS OF THE PSYCHOPATH IN CRIMINAL LAW: HOW MODERN SCIENCE MUST RESHAPE OLD POLICY. © Jasmine Nicolson* INTRODUCTION Psychopaths have long been enshrined in both popular culture and in law as the face of evil and danger;1 their classic characteristics of callousness, impulsivity, and remorselessness have helped to cement the conceptual link between psychopathy and violent crime.2 Psychiatrists from the 19th century, with all the equipment they had available at the time, made sweeping generalisations about the nature of the disorder. Pinel described patients who appeared without delusions or psychosis, as mentally unimpaired but engaged in impulsive acts of ‘instincte fureur’.3 Prichard built upon this definition to develop the concept of ‘moral insanity’. This term has evolved since its original intent – coming from the original French, ‘moral’ was taken to mean ‘emotional’ rather than ethical – and so the original ‘moral insanity’ was a ‘madness’ of emotional disposition and social ability, but without hallucinations or delusions.4 The concept has since evolved to include a lack of comprehension and appreciation of ethics and morality,5 but ultimately the M’Naghten rules in 1842 forged the legal defence of insanity, which required a clear presence of delusion, rather than a mere lack of morality.6 Both jurisdictions of England and Scotland have since built upon this to include an inability to 1 Cary Federman, Dave Holmes, and Jean Daniel Jacob, "Deconstructing the Psychopath: A Critical Discursive Analysis," Cultural Critique 72, no. 1 (2009). 2 Eric Silver, Edward P. Mulvey, and John Monahan, "Assessing Violence Risk among Discharged Psychiatric Patients: Toward an Ecological Approach," Law and Human Behavior 23, no. -
Decision-Making Behaviour Under the Mental Health Act 1983 and Its Impact on Mental Health Tribunals: an English Perspective
laws Article Decision-Making Behaviour under the Mental Health Act 1983 and Its Impact on Mental Health Tribunals: An English Perspective Nicola Glover-Thomas ID School of Law, University of Manchester, Manchester M13 9PL, UK; [email protected] Received: 21 February 2018; Accepted: 20 March 2018; Published: 24 March 2018 Abstract: In England and Wales, the Mental Health Act 1983 (MHA 1983) provides the legal framework which governs decisions made concerning the care and treatment of those suffering from mental disorders, where they may pose a risk to themselves or others. The perspective of the patient and the care provider may conflict and can be a source of tension and challenge within mental health law. Through access to a mental health tribunal, patients are offered the apparatus to review and challenge their detention. With detention rates under the mental health legislation rising exponentially, this is having a knock-on effect upon tribunal application numbers. As there is a legal requirement to review all cases of individuals detained under the MHA 1983, understanding the key drivers for this increase in detention is essential in order to understand how to better manage both detention rates and the upsurge in tribunal caseloads. With the increase in overall activity, mental health tribunal workloads present significant practical challenges and has downstream cost implications. Keywords: detention; caseload; mental health tribunal; Mental Health Act 1983; decision-making; risk; costs 1. Introduction Mental illness costs the UK economy £100 billion a year (Johnson 2016; McCrone et al. 2008). In 2012, the Her Majesty’s (HM) Government spent £126 billion on health (HM Treasury 2011, p. -
Case Study of the English Early Childhood Education and Care System
e Early h l Case Studies na of E A atio ar Trn ly d te Ch In il dh v o o d a E d u n c a t io t n a a n d g C a r e e S y s t e m s EvolvingResponsive a HarmonizedIntegrated Policymaking and Hybrid andUniversal Implementation:System of ECEC: Maintaining the Reform Momentum RespectingEarlyAFrom Careful Childhood Equality Children Balancing to Services:and Equity ActFamilies Using Data for Improvement HongSingaporeAustraliaEnglandFinland Kong Integrated and Universal Early Childhood Services: Using Data for Improvement A Case Study of the English Early Childhood Education and Care System Professor Kathy Sylva, Grace Murkett, and Beatriz Melendro October 5, 2018 CopyrightÓ 2018 Teachers College All rights reserved International Case Studies of Innovative Early Childhood Systems: England Contents Executive Summary 1 Part 1 Introduction 11 Chapter 1: Study Overview .......................................................................................................... 12 Rationale and Goals ................................................................................................................... 12 Study Architecture ..................................................................................................................... 14 Methodology ............................................................................................................................... 20 Data Collection, Analysis, and Validation................................................................................ 24 Definitions and Abbreviations -
Does Mental Health and Guardianship Legislation in Western Australia (WA
Does mental health and guardianship legislation in Western Australia (WA) protect elderly persons from human rights abuse, and ensure procedural and substantive justice? Neville Francis Hills The University of Western Australia This thesis is presented for the degree of Doctor of Philosophy of The University of Western Australia The work presented in this thesis was performed in the Law School 2016 Thesis: Doctor of Philosophy – Mental Health Law Declaration This is to certify that this thesis does not incorporate, without acknowledgement, any material previously submitted for a degree or diploma from any university and that, to the best of my knowledge and belief, does not contain any material previously published or written by another person except where due reference is made in the text. Signed Name Neville Francis Hills Date December 1, 2016 i Thesis: Doctor of Philosophy – Mental Health Law Abstract This thesis addresses matters affecting the liberty, rights and welfare of older people in Western Australia (WA). Restriction of personal liberty to choose where to live, and who to associate with, is usually only permitted under criminal law, following legal processes. Mental health legislation also permits restraints on freedom of individuals, subject to legal oversight of the process. Admission into an aged care facility may restrict a person’s liberty, if placed in a locked area which they cannot leave without staff assistance. Laws regulating these procedures should be fair, open to scrutiny, and meeting international standards of law and good practice. In 2015 there were 16,350 Commonwealth funded aged care beds in 263 facilities in WA. -
Social Security Act 2000
c i e AT 5 of 2000 SOCIAL SECURITY ACT 2000 Social Security Act 2000 Index c i e SOCIAL SECURITY ACT 2000 Index Section Page 1 Application to the Island of Acts of Parliament etc ................................................... 5 1A Power to make other provision in respect of social security .................................... 6 2 Orders: supplemental provisions ................................................................................. 7 3 Interpretation ................................................................................................................... 7 4 Short title etc .................................................................................................................... 8 SCHEDULE 1 9 ACTS OF PARLIAMENT TO WHICH SECTION 1 APPLIES 9 SCHEDULE 2 11 ENACTMENTS REPEALED OR REVOKED 11 ENDNOTES 13 TABLE OF LEGISLATION HISTORY 13 TABLE OF RENUMBERED PROVISIONS 13 TABLE OF ENDNOTE REFERENCES 13 c AT 5 of 2000 Page 3 Social Security Act 2000 Section 1 c i e SOCIAL SECURITY ACT 2000 Received Royal Assent: 2 March 2000 Passed: 21 March 2000 Commenced: 21 March 2000 AN ACT to provide for the application to the Island of certain Acts of Parliament and statutory instruments relating to social security; and for connected purposes. 1 Application to the Island of Acts of Parliament etc (1) The Treasury may by order apply to the Island as part of the law of the Island, subject to such exceptions, adaptations and modifications as may be specified in the order, any legislation of the United Kingdom to which this -
Criminal Justice Act 2003
Criminal Justice Act 2003 CHAPTER 44 CONTENTS PART 1 AMENDMENTS OF POLICE AND CRIMINAL EVIDENCE ACT 1984 1 Extension of powers to stop and search 2 Warrants to enter and search 3 Arrestable offences 4 Bail elsewhere than at police station 5 Drug testing for under-eighteens 6 Use of telephones for review of police detention 7 Limits on period of detention without charge 8 Property of detained persons 9 Taking fingerprints without consent 10 Taking non-intimate samples without consent 11 Codes of practice 12 Amendments related to Part 1 PART 2 BAIL 13 Grant and conditions of bail 14 Offences committed on bail 15 Absconding by persons released on bail 16 Appeal to Crown Court 17 Appeals to High Court 18 Appeal by prosecution 19 Drug users: restriction on bail 20 Supplementary amendments to the Bail Act 1976 21 Interpretation of Part 2 iv Criminal Justice Act 2003 (c. 44) PART 3 CONDITIONAL CAUTIONS 22 Conditional cautions 23 The five requirements 24 Failure to comply with conditions 25 Code of practice 26 Assistance of National Probation Service 27 Interpretation of Part 3 PART 4 CHARGING ETC 28 Charging or release of persons in police detention 29 New method of instituting proceedings 30 Further provision about new method 31 Removal of requirement to substantiate information on oath PART 5 DISCLOSURE 32 Initial duty of disclosure by prosecutor 33 Defence disclosure 34 Notification of intention to call defence witnesses 35 Notification of names of experts instructed by defendant 36 Further provisions about defence disclosure 37 Continuing -
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.