DOCSLIB.ORG

Legislating for Brexit: EU Decisions

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Legislating for Brexit: EU Decisions BRIEFING PAPER Number 8205, 18 January 2018 Legislating for Brexit: EU By Vaughne Miller Decisions Contents: 1. EU law in force 2. What are EU decisions? 3. Brexit legislation 4. Other Brexit-related Bills 5. Annex I – JHA framework decisions 6. Annex II - CFSP common positions, joint actions and decisions 7. Annex III - Council and Council/EP decisions 8. Annex IV - Commission decisions www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Legislating for Brexit: EU Decisions Contents Summary 4 1. EU law in force 8 2. What are EU decisions? 10 2.1 Binding measures 10 Article 288 TFEU 10 Legislative and non-legislative decisions 10 Delegated and implementing decisions 11 2.2 Commission decisions 11 Directly applicable 12 Direct effect 13 2.3 Council decisions 13 TFEU decisions 13 TEU decisions 13 2.4 Justice and Home Affairs (JHA) decisions and framework decisions 14 Framework decisions 14 UK JHA opt-out and opt-in arrangements 15 2.5 Common Foreign and Security Policy decisions 17 A different kind of EU decision 17 Decisions about international relations 18 Some sanctions decisions need an accompanying regulation 18 Council decisions on external agreements 20 3. Brexit legislation 23 3.1 The European Union (Withdrawal) Bill 23 Retained EU law 23 3.2 The EUW Bill and EU decisions 23 Clause 8 26 4. Other Brexit-related Bills 27 4.1 Bills to allow government amendment of policies after Brexit 27 The Sanctions and Anti-Money Laundering Bill 27 The Trade Bill 29 The Taxation (Cross-border Trade) Bill 29 The Nuclear Safeguards Bill 30 5. Annex I – JHA framework decisions 31 6. Annex II - CFSP common positions, joint actions and decisions 37 6.1 Common positions and joint actions 37 6.2 CFSP Decisions 43 7. Annex III - Council and Council/EP decisions 47 8. Annex IV - Commission decisions 56 3 Commons Library Briefing, 18 January 2018 Cover page image copyright Click & browse to copyright info for stock image 4 Legislating for Brexit: EU Decisions Summary Brexit and EU law When the UK leaves the EU (expected to be 29 March 2019), the UK’s relationship with EU law, the EU Treaties, Court of Justice rulings and other elements of the EU acquis will change. Even if, during a transition period, the UK continues to apply the acquis, it will be as a third state outside the EU. This new, unprecedented relationship has yet to be defined, and transition will be the main subject of phase two of the Brexit negotiations. The European Union (Withdrawal) Bill currently going through Parliament creates a new category of domestic law for the UK: ‘retained EU law’, which will consist of all of the converted EU law and preserved EU-related domestic law in force the day before exit day.1 Not much debate on EU decisions The debate about retained EU law has been largely about EU regulations and directives, with Decisions - which include a large and diverse range of EU acts - not much discussed. Some types of EU decisions are ‘exempt’ from preservation under the Bill, yet EU foreign policy decisions are the basis for many important UK obligations, in sanctions against third states and individuals, and arms export controls, for example. While some of these obligations will be upheld under clause 8 of the EUW Bill and provisions in other Bills, it is possible that there will be gaps. Types of EU decisions EU decisions are a major category of EU acts – there are around 7,500.2 There are different types of EU decisions: • Commission • Council • European Parliament (EP) • Joint decisions of Commission/Council/EP and/or other EU institutions • Intergovernmental • Legislative • Non-legislative • Directly applicable • Requiring further national implementation • Directly effective 1 For further information on retained EU law, see Commons Briefing Paper 8136, The European Union (Withdrawal) Bill: Retained EU law, 10 November 2017. 2 According to Eur-Lex figures for consolidated texts in mid-2017. 5 Commons Library Briefing, 18 January 2018 • No direct effect • Implementing • Delegated They have different purposes and are adopted using different procedures, depending on their nature, Treaty base and subject matter. Binding and directly applicable Under Article 288 of the Treaty on the Functioning of the European Union (TFEU), decisions are “binding in their entirety”. If they are addressed to a specific State, person or company, they are binding only on them and directly applicable. Adopted by qualified majority voting Legislative decisions of the Council of the EU (comprising ministers from the Member States) or the EP and Council together are usually adopted using the Ordinary Legislative Procedure (OLP - co-decision) by a Qualified Majority Vote (QMV), or by the Council with the participation of the EP (consultation) under the special legislative procedure. Justice and Home Affairs decisions and framework decisions In the former Justice and Home Affairs ‘third pillar’ of the EU, decisions were taken by unanimity in sensitive areas such as immigration, asylum, border controls and cooperation in policing and criminal matters. Here, Member States cooperated ‘inter-governmentally’, without supranational law-making. The Lisbon Treaty incorporated JHA into Title V, the Area of Freedom, Security and Justice (AFSJ), in the Treaty on the Functioning of the EU. Since December 2009 AFSJ decisions have been taken mostly by QMV in the Council and with the European Parliament (the OLP). The UK has opt-out and opt-in arrangements in these areas in two Protocols (19 and 21) attached to the Treaties, so only certain provisions apply. Lisbon also abolished framework decisions, which, like directives in the EC/EU ‘first pillar’, left the method of implementation to the Member States. Common Foreign and Security Policy decisions Non-legislative decisions of the Council usually implement the Common Foreign and Security Policy (CFSP). In Title V of the Treaty on European Union (TEU) on the EU’s external action and the CFSP, decisions are taken by the Council, while the Commission, EP and the Court of Justice of the EU (CJEU) have only a minor role. Decisions on opening, signing and concluding external agreements Non-legislative Council decisions are also made before the opening of EU treaty negotiations and on the signing and conclusion of international agreements. The text of the agreement may be attached to the decision relating to it. Votes are taken by QM or by unanimity, depending on the subject matter of the agreement. 6 Legislating for Brexit: EU Decisions Commission decisions on competition and state aid Under Articles 106 and 108 TFEU the European Commission also addresses decisions to Member States on competition rules and state aid. The European Union (Withdrawal) Bill The European Union (Withdrawal) Bill (the EUW Bill) cuts off the source of EU law in the UK by repealing the European Communities Act 1972 (ECA) and removing the competence of EU institutions to legislate for the UK. Clauses 2 and 3 of the EUW Bill provide for directly effective EU decisions to become part of the new body of ‘retained EU law’ in the UK if they apply here at the point of Brexit. Certain non-legislative Common Foreign and Security Policy (CFSP) decisions, and decisions on the conclusion of external agreements, might not be retained or converted. Clause 8 of the Bill allows the Government to make provisions to prevent or remedy any breaches of the UK’s international obligations that might arise from Brexit. The Commons Library Briefing 8079, European Union (Withdrawal) Bill covers all the provisions in the Bill, and was published on 1 September 2017. A series of briefings has been published on the Commons Committee stage. These are all available on the Parliamentary Brexit website, Brexit: next steps in UK's withdrawal from the EU. Other Brexit Bills Other Bills have been announced or have already been introduced, which aim to adjust and amend law and policies which cannot be achieved by the EUW Bill. International sanctions A new Sanctions and Anti-Money Laundering Bill will provide for EU decisions retained under the EUW Bill to be amended by secondary legislation, in line with future Government policy and in order to comply with UN and other international obligations. Trade EU decisions on the conclusion of EU Free Trade Agreements (FTAs) with third countries will not be retained, but a new Trade Bill includes provisions for the implementation of new agreements with partner countries which correspond to the EU’s current FTAs and other trade agreements in place before Brexit. Euratom The Nuclear Safeguards Bill makes provision for nuclear safeguards after the UK leaves the European Atomic Energy Community (Euratom – which is a separate legal entity from the EU, but governed by the EU’s institutions). The Bill would allow the Government to make regulations for and implement international agreements on nuclear safeguarding. 7 Commons Library Briefing, 18 January 2018 The new clause 76A of the Energy Act 2013, as inserted by clause 1 of this Bill, includes the first reference to ‘retained EU law’ outside the EUW Bill. Customs The Taxation (Cross-border Trade) Bill (the ‘Customs Bill’) would allow the Government to create a functioning customs, VAT and excise regime for the UK after Brexit. It also contains trade defence measures to protect UK industry from unfair competition from abroad and provisions on trade preferences which allow imports from developing countries to benefit from reduced customs duties. More Bills to come Other primary legislation was announced in the Queen’s Speech (on immigration, agriculture and fisheries) and others might yet be needed, with further secondary powers allowing the Government to adapt UK law to the post-Brexit situation and probably for a transition period.
Load more

Recommended publications
  • For Reference Use Only
    b559M Ui,,,i,%'ERSjTY OFGRLENYSa ' LýERARY FORREFERENCE USEONLY UNIVERSITY OF GREENWICH GREENWICH MARITIME INSTITUTE THE SEAFARER, PIRACY AND THE LAW A HUMAN RIGHTS APPROACH P. G. Widd BSc, MA Master Mariner A Thesis submitted in partial fulfilment of the requirements of Doctor of Philosophy of the University of Greenwich May 2008 Vol V\j UINIv tiTY OFGREENWICH LIBRARY FORRFFFRFPICF ! 1SF ÖNl Y ACKNOWLEDGEMENTS With thanks to the following: ProfessorA. D. Couper for much helpful "pilotage" advice, keeping this thesis on course. P. Mukundan of the International Maritime Bureau for answering my questions with good humour and supplying me with the piracy reports. Brigadier(Retd) B. A. H. Parritt CBE for allowing me to share in small measure his expertise on security. III ABSTRACT been Piracy at seahas existed almost since voyaging began and has effectively Navy in 1stC subduedfrom time to time, principally by the Roman Imperial the and the British Navy in the 19thC. Over the past twenty five years piracy has once again been increasing such that it has now become of serious concern to the maritime bears brunt community, in particular the seafarer,who as always the of these attacks. developed from In parallel with piracy itself the laws of piracy have the Rhodian Laws through Roman Law, post Treaty of Westphalia Law both British and Convention American until today the Law of Piracy is embodied in the United Nations be of the Law of the Sea (UNCLOS) of 1982. Under this Law piracy can only committed on the high seasand with UNCLOS increasing the limit of the territorial seafrom 3m1.to 12ml.
    [Show full text]
  • 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.
    [Show full text]
  • Arrangement of Sections
    Criminal Law Act 1967 CHAPTER 58 ARRANGEMENT OF SECTIONS PART I FELONY AND MISDEMEANOUR Section 1. Abolition of distinction between felony and misdemeanour. 2. Arrest without warrant. 3. Use of force in making arrest, etc. 4. Penalties for assisting offenders. 5. Penalties for concealing offences or giving false information. 6. Trial of offences. 7. Powers of dealing with offenders. 8. Jurisdiction of quarter sessions. 9. Pardon. 10. Amendments of particular enactments, and repeals. 11. Extent of Part I, and provision for Northern Ireland. 12. Commencement, savings, and other general provisions. PART 11 OBSOLETE CRIMES 13. Abolition of certain offences, and consequential repeals. PART III SUPPLEMENTARY 14. Civil rights in respect of maintenance and champerty. 15. Short title. SCHEDULES: Schedule 1-Lists of offences falling, or not falling, within jurisdiction of quarter sessions. Schedule 2-Supplementary amendments. Schedule 3-Repeals (general). Schedule 4--Repeals (obsolete crimes). A Criminal Law Act 1967 CH. 58 1 ELIZABETH n , 1967 CHAPTER 58 An Act to amend the law of England and Wales by abolishing the division of crimes into felonies and misdemeanours and to amend and simplify the law in respect of matters arising from or related to that division or the abolition of it; to do away (within or without England and Wales) with certain obsolete crimes together with the torts of maintenance and champerty; and for purposes connected therewith. [21st July 1967] E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and BTemporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- PART I FELONY AND MISDEMEANOUR 1.-(1) All distinctions between felony and misdemeanour are J\b<?liti?n of hereby abolished.
    [Show full text]
  • Criminal Law Act 1967
    Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are currently no known outstanding effects for the Criminal Law Act 1967. (See end of Document for details) Criminal Law Act 1967 1967 CHAPTER 58 An Act to amend the law of England and Wales by abolishing the division of crimes into felonies and misdemeanours and to amend and simplify the law in respect of matters arising from or related to that division or the abolition of it; to do away (within or without England and Wales) with certain obsolete crimes together with the torts of maintenance and champerty; and for purposes connected therewith. [21st July 1967] PART I FELONY AND MISDEMEANOUR Annotations: Extent Information E1 Subject to s. 11(2)-(4) this Part shall not extend to Scotland or Northern Ireland see s. 11(1) 1 Abolition of distinction between felony and misdemeanour. (1) All distinctions between felony and misdemeanour are hereby abolished. (2) Subject to the provisions of this Act, on all matters on which a distinction has previously been made between felony and misdemeanour, including mode of trial, the law and practice in relation to all offences cognisable under the law of England and Wales (including piracy) shall be the law and practice applicable at the commencement of this Act in relation to misdemeanour. [F12 Arrest without warrant. (1) The powers of summary arrest conferred by the following subsections shall apply to offences for which the sentence is fixed by law or for which a person (not previously convicted) may under or by virtue of any enactment be sentenced to imprisonment for a term of five years [F2(or might be so sentenced but for the restrictions imposed by 2 Criminal Law Act 1967 (c.
    [Show full text]
  • Criminal Law Act 1967
    Criminal Law Act 1967 CHAPTER 58 ARRANGEMENT OF SECTIONS PART I FELONY AND MISDEMEANOUR Section 1. Abolition of distinction between felony and misdemeanour. 2. Arrest without warrant. 3. Use of force in making arrest, etc. 4. Penalties for assisting offenders. 5. Penalties for concealing offences or giving false information. 6. Trial of offences. 7. Powers of dealing with offenders. 8. Jurisdiction of quarter sessions. 9. Pardon. 10. Amendments of particular enactments, and repeals. 11. Extent of Part I, and provision for Northern Ireland. 12. Commencement, savings, and other general provisions. PART II OBSOLETE CRIMES 13. Abolition of certain offences, and consequential repeals. PART III SUPPLEMENTARY 14. Civil rights in respect of maintenance and champerty. 15. Short title. SCHEDULES : Schedule 1-Lists of offences falling, or not falling, within jurisdiction of quarter sessions. Schedule 2-Supplementary amendments. Schedule 3-Repeals (general). Schedule 4--Repeals (obsolete crimes). A Criminal Law Act 1967 CH. 58 1 ELIZABETH II 1967 CHAPTER 58 An Act to amend the law of England and Wales by abolishing the division of crimes into felonies and misdemeanours and to amend and simplify the law in respect of matters arising from or related to that division or the abolition of it; to do away (within or without England and Wales) with certain obsolete crimes together with the torts of maintenance and champerty; and for purposes connected therewith. [21st July 1967] 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 I FELONY AND MISDEMEANOUR 1.-(1) All distinctions between felony and misdemeanour are Abolition of abolished.
    [Show full text]
  • Imperial Laws Application Bill-98-1
    IMPERIAL LAWS APPLICATION BILL NOTE THIS Bill is being introduced in its present form so as to give notice of the legislation that it foreshadows to Parliament and to others whom it may concern, and to provide those who may be interested with an opportunity to make representations and suggestions in relation to the contemplated legislation at this early formative stage. It is not intended that the Bill should pass in its present form. Work towards completing and polishing the draft, and towards reviewing the Imperial enactments in force in New Zealand, is proceeding under the auspices of the Law Reform Council. It is intended to introduce a revised Bill in due course, and to allow ample time for study of the revised Bill and making representations thereon. The enactment of a definitive statutory list of Imperial subordinate legis- lation in force in New Zealand is contemplated. This list could appropriately be included in the revised Bill, but this course is not intended to be followed if it is likely to cause appreciable delay. Provision for the additional list can be made by a separate Bill. Representations in relation to the present Bill may be made in accordance with the normal practice to the Clerk of the Statutes Revision Committee of tlie House of Representatives. No. 98-1 Price $2.40 IMPERIAL LAWS APPLICATION BILL EXPLANATORY NOTE THIS Bill arises out of a review that is in process of being made by the Law Reform Council of the Imperial enactments in force in New Zealand. The intention is that in due course the present Bill will be allowed to lapse, and a complete revised Bill will be introduced to take its place.
    [Show full text]
  • Criminal Law Act 1967
    Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are currently no known outstanding effects for the Criminal Law Act 1967. (See end of Document for details) Criminal Law Act 1967 1967 CHAPTER 58 An Act to amend the law of England and Wales by abolishing the division of crimes into felonies and misdemeanours and to amend and simplify the law in respect of matters arising from or related to that division or the abolition of it; to do away (within or without England and Wales) with certain obsolete crimes together with the torts of maintenance and champerty; and for purposes connected therewith. [21st July 1967] PART I FELONY AND MISDEMEANOUR Extent Information E1 Subject to s. 11(2)-(4) this Part shall not extend to Scotland or Northern Ireland see s. 11(1) 1 Abolition of distinction between felony and misdemeanour. (1) All distinctions between felony and misdemeanour are hereby abolished. (2) Subject to the provisions of this Act, on all matters on which a distinction has previously been made between felony and misdemeanour, including mode of trial, the law and practice in relation to all offences cognisable under the law of England and Wales (including piracy) shall be the law and practice applicable at the commencement of this Act in relation to misdemeanour. [F12 Arrest without warrant. (1) The powers of summary arrest conferred by the following subsections shall apply to offences for which the sentence is fixed by law or for which a person (not previously convicted) may under or by virtue of any enactment be sentenced to imprisonment for a term of five years [F2(or might be so sentenced but for the restrictions imposed by [F3section 33 of the Magistrates’Courts Act 1980)]] and to attempts to committ any 2 Criminal Law Act 1967 (c.
    [Show full text]
  • Criminal Law Act 1967
    Criminal Law Act 1967 1967 CHAPTER 58 An Act to amend the law of England and Wales by abolishing the division of crimes into felonies and misdemeanours and to amend and simplify the law in respect of matters arising from or related to that division or the abolition of it; to do away (within or without England and Wales) with certain obsolete crimes together with the torts of maintenance and champerty; and for purposes connected therewith. [21st July 1967] PART IFELONY AND MISDEMEANOUR Annotations: Extent Information E1Subject to s. 11(2)-(4) this Part shall not extend to Scotland or Northern Ireland see s. 11(1) 1Abolition of distinction between felony and misdemeanour. (1)All distinctions between felony and misdemeanour are hereby abolished. (2)Subject to the provisions of this Act, on all matters on which a distinction has previously been made between felony and misdemeanour, including mode of trial, the law and practice in relation to all offences cognisable under the law of England and Wales (including piracy) shall be the law and practice applicable at the commencement of this Act in relation to misdemeanour. [F12Arrest without warrant. (1)The powers of summary arrest conferred by the following subsections shall apply to offences for which the sentence is fixed by law or for which a person (not previously convicted) may under or by virtue of any enactment be sentenced to imprisonment for a term of five years [F2(or might be so sentenced but for the restrictions imposed by [F3section 33 of the Magistrates’Courts Act 1980)]] and to attempts to committ any such offence; and in this Act, including any amendment made by this Act in any other enactment, ―arrestable offence‖ means any such offence or attempt.
    [Show full text]
  • Statute Law (Repeals) Act 1993 Is up to Date with All Changes Known to Be in Force on Or Before 07 August 2021
    Changes to legislation: Statute Law (Repeals) Act 1993 is up to date with all changes known to be in force on or before 07 August 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 Statute Law (Repeals) Act 1993 1993 CHAPTER 50 An Act to promote the reform of the statute law by the repeal, in accordance with recommendations of the Law Commission and the Scottish Law Commission, of certain enactments which (except in so far as their effect is preserved) are no longer of practical utility, and to make other provision in connection with the repeal of those enactments; and to correct a mistake in the Statute Law (Repeals) Act 1978. [5th November 1993] 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:— 1 Repeals and associated provisions. (1) The enactments mentioned in Schedule 1 to this Act are hereby repealed to the extent specified in the third column of that Schedule. (2) Schedule 2 to this Act shall have effect. Modifications etc. (not altering text) C1 S. 1(1) excluded (S.) (21.3.1997) by 1997 c. 36, s. 6(1) Commencement Information I1 S. 1 wholly in force: s. 1 partly in force at Royal Assent see s. 4(2)(3); s.
    [Show full text]
  • Statute Law Amendment Act 2002 (No 2)
    Australian Capital Territory Statute Law Amendment Act 2002 (No 2) Act 2002 No 49 Contents Page 1 Name of Act 2 2 Commencement 2 3 Purpose 3 4 Notes 3 5 Acts and regulations amended—schs 1-3 3 6 Acts repealed—schs 4 and 5 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Contents Page Schedule 1 Minor amendments 4 Part 1.1 Commissioner for the Environment Act 1993 4 Part 1.2 Intoxicated Persons (Care and Protection) Act 1994 6 Part 1.3 Nature Conservation Act 1980 6 Part 1.4 Smoke-free Areas (Enclosed Public Places) Act 1994 7 Part 1.5 Workers Compensation Act 1951 8 Schedule 2 Structural amendments 13 Part 2.1 Legislation Act 2001 13 Schedule 3 Technical amendments 34 Part 3.1 Casino Control Act 1988 34 Part 3.2 Civil Law (Wrongs) Act 2002 34 Part 3.3 Credit Regulations (Amendment) 1994 No 33 35 Part 3.4 Crimes Act 1900 36 Part 3.5 Crimes Legislation Amendment Act 2001 50 Part 3.6 Domestic Animals Act 2000 50 Part 3.7 Evidence (Miscellaneous Provisions) Act 1991 52 Part 3.8 Health Professionals (Special Events Exemptions) Act 2000 52 Part 3.9 Health Professions Board (Procedures) Act 1981 53 Part 3.10 Lakes Act 1976 54 Part 3.11 Law Reform (Miscellaneous Provisions) Act 1955 70 Part 3.12 Mental Health (Treatment and Care) Act 1994 71 Part 3.13 Poisons Act 1933 71 Part 3.14 Poisons and Drugs Act 1978 78 Part 3.15 Poisons and Drugs Regulations 1993 93 contents 2 Statute Law Amendment Act 2002 (No 2) Act 2002 No 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
    [Show full text]
  • Criminal Law
    The Law Commission (LAW COM. No. 91) CRIMINAL LAW REPORT ON THE TERRITORIAL AND EXTRATERRITORIAL EXTENT OF THE CRIMINAL LAW Laid before Parliament by the Lord High Chancellor pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 13th December 1978 LONDON HER MAJESTY’S STATIONERY OFFICE €1.85 net The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are- The Honourable Mr. Justice Kerr, Chairman. Mr. Stephen Edell. Mr. W. A. B. Forbes, Q.C. Mr. Norman S. Marsh, C.B.E., Q.C. Dr. Peter M. North. The Secretary of the Law Commission is Mr. J. M. Cartwright Sharp and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. 11 THE LAW COMMISSION CRIMINAL LAW CONTENTS Paragraph Page I INTRODUCTION .............. 1-12 1 I1 THE TERRITORIAL LIMITS FOR THE PUR- POSES OF THE CRIMINAL LAW ....... 13-40 A . The present position ...... ..... 14-18 B . Recommendations ............ 19-39 1. The territorial boundary ........ 21-24 2 . The territorial extent of the courts’ juris- diction to try indictable and summary offences ............... 25-39 10 (a) Indictable offences ......... 26-28 11 (b) Summary offences ......... 29-33 11 (c) Consent to institution of proceedings . 34-39 13 3 . Summary ............... 40 15 I11 OTHER LOCATIONS TO BE TREATED AS WITHIN TERRITORIAL LIMITS ............... 41-73 16 A . Possible extensions of territory for the purposes of the criminal law ............ 43-53 17 1.
    [Show full text]
  • Subject 3 Territorial and Extraterritorial Extent of the Criminal
    LAW COMMISSION WORKING PAPER No. 29 L-4W COMMISSION'S SECOND PROGRAMME ITEM XVIII CODIFICATION OF THE CRIMINAL LAW SUBJECT 3. TERRITORIAL AND EXTRATERRITORIAL EXTENT OF THE CRIMINAL LAW TABLE OF CONTENTS Paras. I. INTRODUCTION 1- 2 11. THE TERRITORIAL PRINCIPLE 3-36 A. The General Rule 3- 8 Provisional Conclusions on the Principle 8 B. What is 'Ithe Territory" for the purposes of the General Rule? 9-17 Provisional Conclusions as to the Definition of Territory 16-17 C. Extension of Jurisdiction under statutory provisions 18-19 Provisional Conclusions as to Specific Legislation extending Jurisdiction 19 D. British Ships 20-26 Provisional Conclusions as to Offences on British Ships 26 E. British Controlled Aircraft 27-29 F. Jurisdictional and Procedural Proposals with regard to Heads A to E above 30-36 Summary of Proposals for Legislation dealing with Jurisdictional and Procedural Matters 36 111. EXCEPTIONS TO AND EXTENSIONS OF THE TERRITORIAL PRINCIPLE 37-83 A. Persons Immune from Jurisdiction 37-39 B. & C. Subjection to English criminal law by reason of personal circumstances - General Remarks 40 -Paras. B. Jurisdiction based on Membership of a special class 41-49 ( 1 ) Service Personnel 42 (2) Civilians Accompanying Her Majesty' s Forces 43-44 Merchant'Shipping Act Offences ((3) & (4)) (3) Offences by British Subjects committed abroad 45 (4) Offences abroad by Persons employed on British Ships 45 (5) Convention Jurisdiction 46 (6) Crown Servants 47-48 Summary of P ropo sals concerning Jurisdiction based on Membership of a Special Class 49 C. Jurisdiction based on Status - Specific Of fences Abroad 50-72 Status 50 Specific Offences Possessing an English Element 51-72 (1) Offences affecting Public Order, Institutions or Security 52-58 (2) Offences against the Revenue 59-62 (3) Offences under the Offences against the Person Act 63-67 (4) Miscellaneous Legislation 68-72 D.
    [Show full text]