DOCSLIB.ORG

Discussion Paper, Including Copies of Responses, May Be Made Available in Terms of the Freedom of Information (Scotland) Act 2002

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

NOTES 1. Please note that information about this Discussion Paper, including copies of responses, may be made available in terms of the Freedom of Information (Scotland) Act 2002. Any confidential response will be dealt with in accordance with the 2002 Act. We may also (i) publish responses on our website (either in full or in some other way such as re-formatted or summarised); and (ii) attribute comments and publish a list of respondents' names. 2. Where possible, we would prefer electronic submission of comments. A downloadable electronic response form for this paper as well as a general comments form are available on our website. Alternatively, our general email address is [email protected]. 3. The Discussion Paper is available on our website at http://www.scotlawcom.gov.uk/ or can be purchased from TSO (http://www.tsoshop.co.uk/). 4. Please note that all hyperlinks in this document were checked for accuracy at the time of final draft. 5. If you have any difficulty in reading this document, please contact us and we will do our best to assist. You may wish to note that the pdf version of this document available on our website has been tagged for accessibility. 6. © Crown copyright 2014 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Any copyright enquiries regarding this publication should be sent to us at [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 Pentland, Chairman Laura J Dunlop, QC Patrick Layden, QC TD Professor Hector L MacQueen Dr Andrew J M Steven. The Chief Executive of the Commission is Malcolm McMillan. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. The Commission would be grateful if comments on this Discussion Paper were submitted by 19 June 2015. Please ensure that, prior to submitting your comments, you read notes 1-2 on the facing page. Respondents who wish to address only some of the questions and proposals in the Discussion Paper may do so. All non-electronic correspondence should be addressed to: Mrs Lucy Galloway Scottish Law Commission 140 Causewayside Edinburgh EH9 1PR Tel: 0131 668 2131 1 Amended by the Scotland Act 1998 (Consequential Modifications) (No 2) Order 1999 (SI 1999/1820). iii iv Contents Paragraph Page PART 1: INTRODUCTORY AND GENERAL Chapter 1 Introduction Genesis of compulsory purchase project 1.1 2 Terminology 1.4 2 Background 1.7 3 Our general aim 1.10 3 Structure of Discussion Paper 1.15 4 Partial responses are welcome 1.16 5 Part 1 – Introductory and General 1.18 5 Part 2 – Obtaining and implementing CPO; Mining Code 1.22 5 Part 3 – Compensation 1.28 6 Valuation of land to be acquired 1.30 6 Consequential loss 1.34 7 Compensation payments for non-financial loss 1.36 7 Part 4 – Resolution of disputes; Crichel Down Rules; miscellaneous 1.37 matters 8 Legislative competence 1.41 8 Human rights 1.42 8 Financial justification for project 1.43 9 Judicial decisions 1.44 9 Comparative material 1.45 9 Advisory Groups 1.46 9 Consultation 1.49 10 Chapter 2 General issues Introduction 2.1 11 Topics included 2.2 11 Topics excluded 2.5 11 Justification for compulsory purchase 2.6 11 Matters peripheral to “core” elements of compulsory purchase system 2.9 12 Conveyancing matters 2.10 12 Special rules applying to particular categories of land 2.11 12 Special procedure under 2010 Act 2.14 13 Land to which special procedures apply 2.16 13 (a) Common or open space 2.17 13 (b) Land held inalienably by National Trust for Scotland 2.19 14 (c) Common good land 2.20 14 (d) Ancient monuments 2.24 15 (e) Crofts 2.25 15 v Contents (cont'd) Paragraph Page (f) Crown land – general 2.26 15 (g) Crown land held by Queen’s and Lord Treasurer’s Remembrancer 2.29 16 (h) Listed buildings 2.32 16 (i) Public rights of way 2.33 17 (j) Land owned by acquiring authority 2.36 17 (k) Land held by statutory undertakers 2.37 17 Discussion 2.39 18 Summary 2.42 18 Acquisition by whom? 2.43 18 Acquisition of what? 2.46 19 General 2.46 19 Existing rights and interests in or over land 2.49 20 (a) Leases 2.50 20 (b) Liferents 2.51 20 (c) Standard securities 2.52 20 (d) Servitudes 2.53 20 (e) Real burdens 2.54 21 (f) Other existing rights or interests 2.55 21 New rights or interests in or over land 2.57 21 (a) Leases 2.60 22 (b) Liferents 2.61 22 (c) Standard securities 2.62 22 (d) Servitudes 2.63 22 (e) Real burdens 2.68 24 (f) Other rights and relationship between compulsory purchase and property law 2.69 24 Conclusion 2.70 24 Temporary possession and use of land 2.71 25 Chapter 3 Human rights Introduction 3.1 26 Background 3.6 26 Summary 3.16 29 General 3.20 29 Focus on individual cases rather than on general legislative framework 3.21 29 Relationship between Article 8 and A1P1 3.22 30 (a) General 30 (b) When should a challenge be made? 3.25 30 Acquiring authority’s duty to demonstrate consideration of human rights 3.26 30 vi Contents (cont'd) Paragraph Page A1P1 3.36 32 Proportionality 3.40 33 Does it require use of least possible interference? 3.40 33 Application of requirement for proportionality in different policy areas 3.43 34 Conclusion 3.46 35 Compensation 3.47 36 Compensation not required for restriction of use 3.49 36 Article 8 3.52 37 Proportionality 3.53 37 Nature of challenge under Article 8 3.56 38 Article 6 3.72 42 Conclusion 3.86 45 Chapter 4 Current statutory framework General 4.1 47 Background 4.3 47 Underlying structure of legislation 4.12 49 Examination of statutes 4.16 50 1845 Act 4.18 50 (a) Problems arising from amendment of 1845 Act 4.21 51 (i) Prohibition of acquisition of part only of dwelling house 4.22 51 (ii) Effect of “glossing” 1845 Act with references in later statutes 4.28 53 (b) Replacement of 1845 Act 4.29 53 (c) Restatement not consolidation 4.34 55 1845 Railways Act 4.39 56 Lands Clauses Consolidation Acts Amendment Act 1860 4.41 56 1919 Act 4.42 56 1945 Act 4.44 57 1947 Act 4.47 57 1949 Act 4.49 58 1959 Act 4.50 58 1963 Act 4.51 58 1973 Act 4.55 59 1991 Act 4.57 59 1997 Act 4.58 59 Summary 4.60 60 vii Contents (cont'd) Paragraph Page PART 2: OBTAINING AND IMPLEMENTING CPO; MINING CODE Chapter 5 Procedure for obtaining a CPO Introduction 5.1 62 Compulsory acquisitions to which present general procedure applies 5.2 62 Exceptions to application of general procedure 5.3 62 Local Acts 5.3 62 Opencast Coal Act 1958 5.6 63 Exceptions set out in 1947 Act 5.7 63 (a) Burial Grounds (Scotland) Act 1855 (“1855 Act”) 5.8 63 (b) Allotments (Scotland) Acts 1892 to 1922 5.10 63 (c) Light Railways Acts 1896 and 1912 5.12 64 Potential exceptions to 1947 Act 5.13 64 (a) General 5.13 64 (b) Acquisitions under Forestry Act 1967 (“1967 Act”) 5.14 64 Provisions on compulsory acquisition in other legislation 5.18 65 General procedure for making and confirming a CPO under 1947 Act 5.19 65 Preliminary matters 5.20 65 (a) Survey of land 5.20 65 (b) Advertisement and notification of public, and of directly affected persons 5.22 66 (c) Notification of statutory objectors 5.23 66 Objections to CPO 5.25 67 (a) Referral to DPEA 5.25 67 (b) Comparison with DPEA’s role in planning cases 5.28 68 (c) Fixing of time limits in primary legislation 5.31 68 Confirmation of CPO 5.33 69 (a) Requirement for Ministerial confirmation 5.34 69 (b) Alternatives to requirement for Ministerial confirmation 5.38 70 Advertisement and notification of CPOs – made and confirmed 5.42 71 Revocation of a confirmed CPO 5.43 71 Register of CPOs 5.48 72 Validity of a confirmed CPO 5.51 73 Six-year combined period 5.51 73 Introduction of flexibility in timescale 5.53 73 “Likelihood of implementation” test 5.56 74 Public rights of way 5.60 75 Summary 5.65 76 viii Contents (cont'd) Paragraph Page Chapter 6 Challenging a (confirmed) CPO Introduction 6.1 77 Statutory provisions 6.3 77 Time limit for challenging a CPO 6.6 78 Length of time limit 6.6 78 Challenges outwith time limit 6.9 79 (a) Smith v East Elloe Rural District Council and Others 6.10 79 (b) Anisminic Ltd v Foreign Compensation Commission and Another 6.17 81 (c) Hamilton v Secretary of State for Scotland 6.19 81 (d) R v Secretary of State for the Environment, ex parte Ostler 6.21 82 (e) Academic opinion 6.26 83 (f) McDaid v Clydebank District Council 6.28 83 Conclusion 6.32 85 Grounds of challenge 6.33 85 Challenge on ground of bad faith 6.36 85 Challenges on basis of non-compliance with Convention rights 6.40 86 Remedies 6.46 88 Stopping clock on validity of a CPO under challenge 6.49 89 Chapter 7 Implementation of a CPO Introduction 7.1 90 Implementation of CPO by notice to treat 7.4 90 Parties upon whom notice to treat is to be served 7.4 90 (a) Owners 7.11 91 (b) Interests other than ownership 7.12 92 Non-service of notice to treat 7.16 93 (a) Deliberate failure to serve notice to treat 7.16 93 (b) Interests overlooked by inadvertence 7.18 93 Content of notice to treat 7.20 94 (a) Land to be taken 7.20 94 (b) Description of lands 7.22 94 Form of notice to treat 7.24 95 Notice about claiming compensation 7.25 95 Effect of notice to treat 7.26 95 Nature of obligation created by notice to treat 7.32 97 Duration of notice 7.39 98 Withdrawal
Recommended publications
  • Aberdeen Student Law Review

    Aberdeen Student Law Review

    Aberdeen Student Law Review With thanks to our sponsors Stronachs LLP July 2011 Volume 2 www.abdn.ac.uk/law/aslr THE EDITORIAL BOARD 2010 - 2011 Managing Editor Leanne Bain Editors Alice Cannon Ross Douglas Emma Fraser Stuart Lee Bruce Mangeon Fairweather Charlotte Taylor Ryan T. Whelan Jennifer White FOREWORD BY THE HON . LORD WOOLMAN SENATOR OF THE COLLEGE OF JUSTICE Has the ASLR already reached its second volume? I am delighted that the brio of those involved in launching the project has been sustained. That is evident from the table of contents for the new volume. The topics range across legal history, oil and gas law and the law of evidence. In my view, volume two confirms that the ASLR is continuing to make a significant contribution to legal learning in Scotland. Stephen Woolman July 2011 INTRODUCTION TO VOLUME TWO In 1987 Professor Erwin N Griswold, former Dean of Harvard Law School, gave an insight into the history of the Harvard Law Review, the oldest student-led law review in the world. He acknowledged: Some people are concerned that a major legal periodical in the United States is edited and managed by students. It is an unusual situation, but it started that way, and it developed mightily from its own strength.1 I firmly believe in the strength of the student law review, and it is this belief that has shaped the endeavours of the editorial team during the past year The second year of a professional publication can be as difficult as the first, and this year has certainly not been without challenge.
  • Nber Working Paper Series De Facto and De Jure Property Rights

    Nber Working Paper Series De Facto and De Jure Property Rights

    NBER WORKING PAPER SERIES DE FACTO AND DE JURE PROPERTY RIGHTS: LAND SETTLEMENT AND LAND CONFLICT ON THE AUSTRALIAN, BRAZILIAN AND U.S. FRONTIERS Lee J. Alston Edwyna Harris Bernardo Mueller Working Paper 15264 http://www.nber.org/papers/w15264 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 September 2009 For comments we thank Eric Alston, Lee Cronk, Ernesto Dal Bó, John Ferejohn, Stephen Haber, P.J. Hill, Gary Libecap, Henry Smith, Ian Wills and participants at: a seminar on social norms at the Institute for Advanced Study in Princeton; a conference on “Australian Economic History in the Long Run;” the Research Group on Political Institutions and Economic Policy held at Princeton University; and a seminar at Monash University. Alston and Mueller acknowledge the support of NSF grant #528146. Alston thanks the STEP Program at the Woodrow Wilson School at Princeton for their support as a Visiting Research Scholar during 2008/2009 and The Australian National University for support as Research Fellow in 2009. We thank Eric Alston for research assistance. The views expressed herein are those of the author(s) and do not necessarily reflect the views of the National Bureau of Economic Research. NBER working papers are circulated for discussion and comment purposes. They have not been peer- reviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications. © 2009 by Lee J. Alston, Edwyna Harris, and Bernardo Mueller. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source.
  • A9 Dualling: Luncarty to Pass of Birnam

    A9 Dualling: Luncarty to Pass of Birnam

    A9 DUALLING: LUNCARTY TO PASS OF BIRNAM VOLUME 4 OF 5 SPECIFICATION This page is blank A9 DUALLING: LUNCARTY TO PASS OF BIRNAM CONTRACT NUMBER TS/MTRIPS/WKS/2017/01 CONTRACT DOCUMENT VOLUME 4 OF 5 SPECIFICATION This page is blank A9 Dualling: Luncarty to Pass of Birnam Volume 4 - Specification TRANSPORT SCOTLAND THE A9 DUALLING: LUNCARTY TO PASS OF BIRNAM TS/MTRIPS/WKS/2017/01 CONTRACT DOCUMENT VOLUME 4 OF 5 SPECIFICATION DOCUMENT ISSUE RECORD I hereby confirm that this is the current version of the Specification and supersedes all previous issues of such document by the Employer. Signed Name (Block capitals) Date Contractor Copy of signed page shall be sent to, Transport Scotland, [REDACTED] Contract Document i 21 September 201801 November 2018 A9 Dualling: Luncarty to Pass of Birnam Volume 4 - Specification This page is blank Contract Document ii 21 September 201801 November 2018 A9 Dualling: Luncarty to Pass of Birnam Volume 4 - Specification A9 DUALLING: LUNCARTY TO PASS OF BIRNAM VOLUME 4 OF 5 SPECIFICATION CONTENTS Page PREAMBLE TO THE SPECIFICATION ......................................................................................... 1 SCHEDULE OF PAGES AND RELEVANT PUBLICATION DATES OF SPECIFICATION FOR HIGHWAY WORKS ................................................................................ 3 APPENDIX 0/1: CONTRACT-SPECIFIC ADDITIONAL, SUBSTITUTE AND CANCELLED CLAUSES, TABLES AND FIGURES INCLUDED IN THE CONTRACT........... 7 APPENDIX 0/2: CONTRACT-SPECIFIC MINOR ALTERATIONS TO EXISTING CLAUSES, TABLES AND FIGURES INCLUDED
  • United Nations Juridical Yearbook, 2001

    United Nations Juridical Yearbook, 2001

    Extract from: UNITED NATIONS JURIDICAL YEARBOOK 2001 Part Three. Judicial decisions on questions relating the United Nations and related intergovernmental organizations Chapter VIII. Decisions of national tribunals Copyright (c) United Nations CONTENTS (continued) Page Part Three. Judicial decisions on questions relating to the United Nations and related intergovernmental organizations CHAPTER VII . ED CISIONS AND ADVISORY OPINIONS OF INTERNATIONAL TRIBUNALS Arbitration Tribunal constituted by the Government of the French Republic and the United Nations Educational, Scientific and Cultural Organization to consider the question of the tax regime governing pensions paid to retired UNESCO officials residing in France . 421 CHAPTER viii . DECISIONS OF NATIONAL TRIBUNALS 1. The Netherlands The Hague District Court—Civil Law Division—President Judgement in interlocutory injunction proceedings of 31 August 2001 Plea of Slobodan Milošević for release from detention by the International Criminal Tribunal for the Former Yugoslavia and returned to the territory of the Federal Republic of Yugoslavia ....................................... 445 2. United Kingdom of Great Britain and Northern Ireland (a) High Court of Justiciary—30 March 2001 Opinion of High Court involving the International Court of Justice advisory opinion on the legality of the threat or use of nuclear weapons under international law . 450 (b) House of Lords Shanning International Ltd v. Lloyds TSB Bank plc; Lloyds TSB Bank plc v. Rasheed Bank (28 June 2001) An appeal from the Court of Appeal concerning United Nations Security Council resolution condemning Iraq’s invasion of Kuwait . 491 (c) Queen’s Bench Division (Administrative Court) R (on the application of Othman) v. Secretary of State for Work and Pensions (28 November 2001) Judicial review of decision of the Secretary of State for Work and Pensions, involving United Nations Security Council sanctions in relation to the situation in Afghanistan and the Taliban .
  • Part I Background and Summary

    Part I Background and Summary

    PART I BACKGROUND AND SUMMARY Chapter 1 BRITISH STATUTES IN IDSTORICAL PERSPECTIVE The North American plantations were not the earliest over­ seas possessions of the English Crown; neither were they the first to be treated as separate political entities, distinct from the realm of England. From the time of the Conquest onward, the King of England held -- though not necessarily simultaneously or continuously - a variety of non-English possessions includ­ ing Normandy, Anjou, the Channel Islands, Wales, Jamaica, Scotland, the Carolinas, New-York, the Barbadoes. These hold­ ings were not a part of the Kingdom of England but were govern­ ed by the King of England. During the early medieval period the King would issue such orders for each part of his realm as he saw fit. Even as he tended to confer more and more with the officers of the royal household and with the great lords of England - the group which eventually evolved into the Council out of which came Parliament - with reference to matters re­ lating to England, he did likewise with matters relating to his non-English possessions.1 Each part of the King's realm had its own peculiar laws and customs, as did the several counties of England. The middle ages thrived on diversity and while the King's writ was acknowledged eventually to run throughout England, there was little effort to eliminate such local practices as did not impinge upon the power of the Crown. The same was true for the non-Eng­ lish lands. An order for one jurisdictional entity typically was limited to that entity alone; uniformity among the several parts of the King's realm was not considered sufficiently important to overturn existing laws and customs.
  • Patrick John Cosgrove

    Patrick John Cosgrove

    i o- 1 n wm S3V NUI MAYNOOTH Ollfctel na t-Ciraann W* huatl THE WYNDHAM LAND ACT, 1903: THE FINAL SOLUTION TO THE IRISH LAND QUESTION? by PATRICK JOHN COSGROVE THESIS FOR THE DEGREE OF PHD DEPARTMENT OF HISTORY NATIONAL UNIVERSITY OF IRELAND MAYNOOTH HEAD OF DEPARTMENT: Professor R. V. Comerford Supervisor of Research: Dr Terence Dooley September 2008 Contents Acknowledgements Abbreviations INTRODUCTION CHAPTER ONE: THE ORIGINS OF THE WYNDHAM LAND BILL, 1903. i. Introduction. ii. T. W. Russell at Clogher, Co. Tyrone, September 1900. iii. The official launch of the compulsory purchase campaign in Ulster. iv. The Ulster Farmers’ and Labourers’ Union and Compulsory Sale Organisation. v. Official launch of the U.I.L. campaign for compulsory purchase. vi. The East Down by-election, 1902. vii. The response to the 1902 land bill. viii. The Land Conference, ix. Conclusion. CHAPTER TWO: INITIAL REACTIONS TO THE 1903 LAND BILL. i. Introduction. ii. The response of the Conservative party. iii. The response of the Liberal opposition to the bill. iv. Nationalist reaction to the bill. v. Unionist reaction to the bill. vi. The attitude of Irish landlords. vii. George Wyndham’s struggle to get the bill to the committee stage. viii. Conclusion. CHAPTER THREE: THE PARLIAMENTARY DEBATES THAT FORGED THE WYNDHAM LAND ACT, 1903. i. Introduction. ii. The Estates Commission. iii. The system of price‘zones’. iv. The ‘bonus’ and the financial clauses of Wyndham’s Land Bill. v. Advances to tenant-purchasers. vi. Sale and repurchase of demesnes. vii. The evicted tenants question. viii. The retention of sporting and mineral rights.
  • Guide for the Disposal of Surplus Land

    Guide for the Disposal of Surplus Land

    Guide for the Disposal of Surplus Land March 2017 1 © Crown copyright 2013 Produced by Cabinet Office You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: [email protected] Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. Alternative format versions of this report are available on request from Government Property Unit 4th Floor, Red Zone 1 Horse Guards Road London [email protected]. 2 Contents 1.0 Introduction and Purpose of the Guide 1.1 Introduction 1.2 Policy and Drivers 2.0 Identifying Surplus Land 2.1 Strategic Asset Management 2.2 Identifying Surplus Land 2.3 Listing Land as Surplus 3.0 Disposal Options and Monitoring 3.1 National Property Controls - Approval to Dispose 3.2 Considerations for the Disposal of Surplus Land 3.3 Disposals Monitoring and Performance Reporting 4.0 Open Market Sale 4.1 Preparing for Disposal 4.2 Accelerating the Disposal Process 4.3 Disposal Routes and Marketing 4.4 Sale and Completion 4.5 Post Transaction Monitoring Annex 1 - References Annex 2 - Heritage Assets Annex 3 - Issues Affecting Disposal Annex 4 - Advisers 3 4 1.0 Introduction and Purpose of the Guide 1.1 Introduction The disposal of surplus government owned property is an important part of the Government’s drive to improve its estate management and create an efficient, fit-for-purpose and sustainable estate that meets future needs.
  • The Planning Inspectorate COMMENTS on CASE (Online Version) Appeal Reference: APP/X0360/W/19/3241800

    The Planning Inspectorate COMMENTS on CASE (Online Version) Appeal Reference: APP/X0360/W/19/3241800

    For official use only (date received): 16/01/2020 16:59:03 The Planning Inspectorate COMMENTS ON CASE (Online Version) Please note that comments about this case need to be made within the timetable. This can be found in the notification letter sent by the local planning authority or the start date letter. Comments submitted after the deadline may be considered invalid and returned to sender. Appeal Reference: APP/X0360/W/19/3241800 DETAILS OF THE CASE Appeal Reference APP/X0360/W/19/3241800 Appeal By HAINES HOMES CONSTRUCTION Site Address Land to Rear of, 344 Barkham Road WOKINGHAM RG41 4DE SENDER DETAILS Name MR DAVID CLARKE Address 19 Dowles Barn Close Barkham WOKINGHAM RG41 4ET ABOUT YOUR COMMENTS In what capacity do you wish to make representations on this case? Appellant Agent Interested Party / Person Land Owner Rule 6 (6) What kind of representation are you making? Final Comments Proof of Evidence Statement Statement of Common Ground Interested Party/Person Correspondence Other Page 1 of 4 YOUR COMMENTS ON THE CASE Re Case APP/X0360/W/19/3241800 Orchard Grange (Wokingham) Management Company Limited are the owners of the access road ('Accessway')and the common land and infrastructure beyond as designated within BK469616 We have only just received the Deed of Easement dated 4 June 2019 from Cala via their solicitors Laytons on the 9th January 2020. The lands by way of BK469616 were transferred Title Absolute to Orchard Grange (Wokingham) Management Company on 18th July 2019 The proposed constructor has not consulted with the members of Orchard Grange (Wokingham) Management Company Limited (OGWMC) at any time other than 10th July 2019 post protest by the members at the taking down of a section of fence and removal of shrubs on Dowles Barn Close.
  • Dáil Éireann

    Dáil Éireann

    Vol. 1004 Wednesday, No. 3 17 February 2021 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insurance (Restriction on Differential Pricing and Profiling) Bill 2021: Second Stage [Private Members] � � � 219 17/02/2021U00500Ceisteanna ó Cheannairí - Leaders’ Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 248 17/02/2021Y00900An tOrd Gnó - Order of Business � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 256 17/02/2021CC00050Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation � � � � � � � � � � � � � � � � � � � � � � 262 17/02/2021DD03000Message from the Standing Business Committee of Dáil Éireann � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 267 17/02/2021DD03200Rural Equality Bill 2021: First Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 267 17/02/2021EE00900Principles of Social Welfare Bill 2021: First Stage� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 269 17/02/2021EE01700Civil Registration (Right of Adoptees to Information) (Amendment) Bill 2021: First Stage � � � � � � � � � � � � 270 17/02/2021FF00800Covid-19 (Agriculture, Food and the Marine): Statements� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 272 17/02/2021UU04700Land Development Agency Bill 2021: Order for Second Stage � � � � � � � � � � � � �
  • Biodefense and Constitutional Constraints

    Biodefense and Constitutional Constraints

    Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2011 Biodefense and Constitutional Constraints Laura K. Donohue Georgetown University Law Center, [email protected] Georgetown Public Law and Legal Theory Research Paper No. 11-96 This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/677 http://ssrn.com/abstract=1882506 4 Nat'l Security & Armed Conflict L. Rev. 82-206 (2014) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, and the Military, War, and Peace Commons BIODEFENSE AND CONSTITUTIONAL CONSTRAINTS Laura K. Donohue* I. INTRODUCTION"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" & II. STATE POLICE POWERS AND THE FEDERALIZATION OF U.S. QUARANTINE LAW """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" 2 A. Early Colonial Quarantine Provisions""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" 3 """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" 4 """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""&)
  • This Thesis Has Been Submitted in Fulfilment of the Requirements for a Postgraduate Degree (E.G

    This Thesis Has Been Submitted in Fulfilment of the Requirements for a Postgraduate Degree (E.G

    This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. FAULT-BASED AND STRICT LIABILITY IN THE LAW OF NEIGHBOURS MARÍA PAZ GATICA RODRÍGUEZ Presented for the Degree of Doctor of Philosophy The University of Edinburgh 2017 Abstract By the end of the twentieth century, and after a long line of conflicting case law, the question about the basis of liability in nuisance was settled: in Scotland, damages are awarded only upon proof of fault (RHM Bakeries (Scotland) Ltd v Strathclyde Regional Council 1985 SC (HL) 17). Fault, in turn, can adopt many forms: malice, intention, recklessness, negligence, and conduct causing a special risk of abnormal damage (Kennedy v Glenbelle Ltd 1995 SC 95). Many aspects of this seemingly clear picture, however, remain problematic. On the one hand, the way in which this model is interpreted and applied gives place to particular forms of liability that can actually be characterised as strict.
  • Crown Land Legislation Amendment Act 2017

    Crown Land Legislation Amendment Act 2017

    Crown Land Legislation Amendment Act 2017 As at 10 April 2018 See also: Transport Administration Amendment (Sydney Metro) Bill 2018 Note: Amending Acts and amending provisions are subject to automatic repeal pursuant to sec 30C of the Interpretation Act 1987 No 15 once the amendments have taken effect. Long Title An Act to amend certain legislation consequent on the enactment of the Crown Land Management Act 2016. 1 Name of Act This Act is the Crown Land Legislation Amendment Act 2017. 2 Commencement (1) This Act commences on the day on which the Crown Lands Act 1989 is repealed by the Crown Land Management Act 2016, except as provided by this section. (2) Schedule 1 commences on the date of assent to this Act. Schedule 1 (Repealed) Schedule 2 Amendment of legislation referring to reserve trusts 2.1 – Betting and Racing Act 1998 No 114 Section 4 Definitions Omit paragraph (c) of the definition of "approved body" in section 4 (1). Insert instead: (c) a statutory land manager within the meaning of the Crown Land Management Act 2016. 2.2 – Cemeteries and Crematoria Act 2013 No 105 [1] Section 3 Objects of Act Omit "section 11 of the Crown Lands Act 1989 " from section 3 (f). Insert instead "section 1.4 of the Crown Land Management Act 2016 ". [2] Section 4 Interpretation Omit section 4 (3). Insert instead: (3) An expression that is used in this Act and that is defined in the Crown Land Management Act 2016 (not being an expression that is defined in this Act) has the same meaning in this Act in relation to a Crown cemetery or Crown cemetery operator as it has in that Act in relation to dedicated or reserved Crown land or a person responsible for the care, control and management of dedicated or reserved Crown land, respectively.