DOCSLIB.ORG

Interpretation of Statutes

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Interpretation of Statutes The Law Commission and The Scottish Law Commission (LAW COM. No. 21) (SCOT. LAW COM. No. 11) THE WTERPRETATION OF STATUTE§ Laid before Parliament by the Lord High Chancellor, the Secretary of Statefor Scotland and the Lord Advocate pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 9th June 1969 LONDON HER MAJESTY’S STATIONERY OFFICE Reprinted 1 9 7 4 256 4Op 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 other than the law of Scotland or of any law of Northern Ireland which the Parliament of Northern Ireland has power to amend. The Commissioners are: The Honourable Mr. Justice Scarman, O.B.E., Chairman. Mr. L. C. B. Gower. Mr. Neil Lawson, Q.C. Mr. Norman S. Marsh, Q.C. Mr. Andrew Martin, Q.C. Mr. Arthur Stapleton Cotton is a special consultant to the Commission. The Secretary of the Commission is Mr. J. M. Cartwright Sharp, and its offices are at Lacon House, Theobald’s Road, London, W.C.l. The Scottish Law Commission was set up by section 2 of the Law Com- missions Act 1965 for the purpose of promoting the reform of the Law of Scotland. The Commissioners are: The Honourable Lord Kilbrandon, Chairman. Professor A. E. Anton. Professor J. M. Halliday. Mr. A. M. Johnston, Q.C. Professor T. B. Smith, Q.C. I The Secretary of the Commission is Mr. A. G. Brand, M.B.E. Its offices are at the Old College, University of Edinburgh, South Bridge, Edinburgh, 8. CONTENTS Page ALPHABETICAL TABLE OF ENACTMENTS . iv CHRONOLOGICAL TABLE OF ENACTMENTS . vi TABLE OF CASES . x Paragraphs Page I INTRODUCTION . 1-3 1 I1 THE SCOPE AND NATURE OF THE PROBLEM . 4 - 16 3 111 THE RELEVANCE OF COMPARATIVE MATERIAL 17 - 20 12 IV THE FUNCTION OF “RULES” AND “PRE SUMPTIONS ” IN INTERPRETATION . 21 - 39 14 (1) The Mischief Rule, the Golden Rule and the Literal Rule (i) Historical Development . 22 - 28 14 (ii) Criticism of the Rules . 29 - 33 17 (2) Presumptions . 34 - 39 21 V THE CONTEXTS OF A STATUTORY PROVISION 40 - 62 25 (1) The Context provided by the Statute . 41 - 45 25 (2) Contexts outside the Statute (i) Material other than Parliamentary History . 46 - 52 27 (ii) The Parliamentary History of an Act . 53 - 62 31 VI SPECIALLY PREPARED MATERIAL EXPLAIN- ING LEGISLATION . 63 - 73 38 VI1 TREATIES AND THE INTERPRETATION OF STATUTES. 74 - 76 44 VI11 THE INTERPRETATION OF DELEGATED LEGIS- LATION . 77 - 78 46 IX STJMMARY OF CONCLUSIONS AND RECOM- MENDATIONS . 79 - 82 48 APPENDIXA: Draft Clauses . 51 APPENDIXB: Organizations and Individuals who have given Advice or Information to the Law Commissions . 52 APPENDIXC: Selective Bibliography . 55 iii ALPHABETICAL TABLE OF ENACTMENTS Enactments Case Reference Paragraph Footnote Animals Order 1871 Gorris v. Scott (1874) 172 L.R. 9 Ex 125 Armed Forces Act 1966 - 155 Building Regulations Riddell v. Reid 75 (S.R. & O., 1926 No. 738) 1942S.C. (H.L.) 51 ; sub nom. Potts or Riddell v. Reid [1943] A.C.1 Building (Safety, Price v. Claudgen Ltd. 15 Health and Welfare) 1967 S.C. (H.L.) 18. Regulations, S.I. 1948, No. 1966 S.L.T.; [19671 1145, Regs. 2(1) and 24(1) 1 W.L.R. 575 Lawson v. J. S. Harvey & Co. Ltd. 1968 S.L.T. (Sh. Ct.) 24 Carriageby Air Act 1932 Samuel Montagu and Co. 24 Ltd. v. Swiss Air Transport Co. Ltd. [1966] 2 Q.B. 306 Carriage of Goods by Brown & Co. v. T. & J. 54 Sea Act 1924 Harrison (1927) 96 L.J. K.B. 1025 Civil Aviation Act 1949, s.8 157 Consumer Protection Act 93 1961, s.3(1) Contagious Diseases Gorris v. Scott (1874) 172 (Animals) Act 1869 L.R. 9 Ex 125 Copyright Act 1956, Warwick Film Productions 34 s.20(4) Ltd. v. Eisinger and Others [1967] 3 W.L.R. 1599 Customs and Excise Salomon v. Commissioners 24 Act 1952, s.258(1) of Customs and Excise and Schedule 6, [1967] 2 Q.B. 116 paras. l(1) and 2 Dangerous Drugs Act 148 1964, s.g(l)(b) Dangerous Drugs Act Sweet v. Parsley 91 1965, s.5(b) 1196812 W.L.R. 1360; 148 [1969] 2 W.L.R. 470 Factories Act 1937, Carr v. The Decca Gramophone 82 s.130(2) Co. Ltd. [1947] K.B. 728 Factories Act 1948, s.10 - 82 Factories Act 1961, Wright v. Ford Motor Co. 82 ss.14(1), 143, Ltd. [1967] 1 Q.B. 230 155(1)and 155(2) Factory and Workshop Riddell v. Reid - Act 1901 1942 S.C. (H.L.) 51; sub nom. Potts or Riddell v. Reid [1943] A.C.1 Finance Act 1920, Assam Railways and 15 s.27(1) as amended Trading Company Ltd. by Finance Act 1927 v. Commissioners of Inland Revenue [1935]-A.C. 445 iv ALPHABETICAL TABLE OF ENACTMENTS-continued Enactments Case Reference Paragraph Footnote Finance (No. 2) Collco Dealings Ltd. v. 166 Act 1955, s.4(2) Inland Revenue Commissioners [1962] A.C. 1 Income Tax Act 1952, Bourne v. Norwich 13 ss.266 and 271 Crematorium Ltd. [1967] 1 W.L.R. 691 Interpretation Act 1888 - (New Zealand) Interpretation Act 1889 - Interpretation Act - (" Acts Interpretation Act ") 1924, s.56) (New Zealand) Interpretation Act 1952, 79 s.15 (Canada) Interpretation Act 178 (Northern Ireland) 1954 Interpretation Act 1960, 81 s.19 (Ghana) Interpretation and i78 General Clauses Ordinance 1966 (Hong Kong) Interpretation Act 1967, 79 ss.10 and 11 (Canada) Interpretation Act 1967, 176 s.8(5) (Nova Scotia) Law of Property Act 1925, Beswick v. Beswick 124 s.56 [1968] A.C. 58 Limitation Act 1963 Cozens v. North Devon - Hospita1 Management Committee; Hunter v. Turners (Soham) Ltd. [I9661 2 Q.B. 318 Locomotives on Highways Phillips v. Britannia 172 Act 1896 Hygienic Laundry Co. Ltd. [1923] 2 K.B. 832 Maintenance Orders R. v. Wilson Ex parte 148 Act 1950, s.27(2) Pereira [I9531 I Q.B. 59 Medicines Act 1968, - 93 s.133(2) Motor Cars (Use and Phillips v. Britannia 172 Construction) Order Hygienic Laundry Co. 1904 Ltd. [1923] 2 K.B. 832 National Insurance Decision No. R(G) 3/58 of 170 (Claims and Payments) 15 May 1958 of a Amendment Regulations Tribunal of National 1957, S.I. No. 578, Reg. 3 Insurance Commissioners Official Secrets Act 1920, R. v. Oakes [I9591 - s.7 2 Q.B. 350 Poor Law Amendment Whiteley v. ChappeIl 66 Act 1851, s.3 (1868) L.R. 4 Q.B. 147 V L.C.--I. ALPHABETICAL TABLE OF ENACTMENTS-continued Enactments Case Reference Paragraph Footnote Prevention of Accidents London and North-Eastern 30 15 Rules 1902, Rule 9 Railway Company v. 40 Berriman 119461A.C. 278 62 Protection of Birds Partridge v. Crittenden - 66 Act 1954, s.6(1) [1968] 1 W.L.R. 1204 and Schedule 4 Radioactive Substances 93 Act 1960, s. 19(5)(a) Representation of the 93 People Act 1949, ssSO(2) and 51(2) Resale Prices Act 1964, 93 s.4(2) Restriction of Offensive Fisher v.Bell 119611 - 66 Weapons Act 1959, s.l(l) 1 Q.B. 394 Restriction of Offensive 66 Weapons Act 1961 RestrictiveTrade Practices 93 Act 1968, s.7(2) Sex Disqualification Viscountess Rhondda’s - 153 (Removal) Act 1919, s.1 Claim [1922] 2 A.C. 339 Territorial Waters Order Post Office v. Estuary 12 35 in Council 1964 Radio Ltd. 166 [1968]2 Q.B. 740 175 Trade Disputes Act 1906, Rookes v. Barnard - 152 s.3 [I9641A.C. 1129 Water Resources Act - - 93 1963, s.l35(8)(a) Workmen’s Compensation - 55 135 Act 1897, s.l(l) CHRONOLOGICAL TABLE OF ENACTMENTS Date Enactments Case Reference Paragraph Footnote 1851 Poor Law Amendment Whiteley v. Chappell - 66 Act (14 and 15 (1868) L.R. 4 Q.B. Vict., c.105), s.3 147 1869 Contagious Diseases Gorris v. Scott (1 874), - 172 (Animals) Act L.R. 9 Ex. 125 (32 and 33 Vict. c.70) 1871 Animals Order Gorris v. Scott - 172 (see above) 1888 Interpretation Act - 33 - (52 Vict. No. 15) (New Zealand) 1889 Interpretation Act - 77 - (52 and 53 Vict. c.63) 82 1896 Locomotives on Highways Phillips v. Britannia - 172 Act (59 and 60 Vict. Hygienic Laundry c.38) Co. Ltd. [1923] 2 K.B. 832 1897 Workmen’s Compensation - 55 135 Act (60 and 61 Vict., c.37), s.l(l) vi CHRONOLOGICAL TABLE OF ENACTMENTS--continued Date Enactments Case Reference Paragraph Footnote 1901 Factory and Workshop Riddell v. Reid 32 - Act (1 Edw. 7, c.22) 1942, S.C. (H.L.) 51; sub nom. Potts or Riddell v. Reid [1943]A.C. 1 1902 Prevention of London and North- 30 15 Accidents Rules Eastern Railway 40 (S.R. and 0. 1902 Company v. Berriman 62 No. 616), Rule 9 [1946] A.C. 278 1904 Motor Cars (Use and Phillips v. Britannia - 172 Construction)Order Hygienic Laundry Co. (S.R. and 0. 1904 Ltd. [1923] 2 K.B. No. 315) 832 1906 Trade Disputes Act Rookes v. Barnard - 152 (6 Edw. 7, c.47), s.3 [1964] A.C. 1129 1919 Sex Disqualification Viscountess Rhondda’s - 153 (Removal) Act (9 Claim [1922] 2 A.C. and 10 Geo. 5, 339 c.71), s.1 1920 Finance Act (10 and Assam Railways and 50 15 11 Geo. 5, c.18), Trading Co. Ltd. s.27(1) as amended v. Commissioners of by Finance Act 1927 Inland Revenue (17 and 18, Geo.
Load more

Recommended publications
  • Armed Forces Bill 2021 Summary
    Headline can be Armedon three Forces lines Bill 2021 Title Summary Sub-title or short context to document Armed Forces Bill 2021 – Summary Background Since the Bill of Rights 1688, the legislation making the provision necessary for the Armed Forces to exist as a disciplined force has been subject to regular renewal by an Act of Parliament. The next renewal is needed by the end of 2021. The primary purpose of these Acts is to provide for the continuation for a further period of up to five years of the legislation enabling the Armed Forces to be recruited and maintained as disciplined bodies; that legislation is the Armed Forces Act 2006.The 2006 Act introduced a single system of law and the Service Justice System that applies to all Service personnel wherever in the world they are operating. The 2006 Act was implemented in 2009, replacing three separate Service Discipline Acts that dated back to the 1950s. The 2006 Act continues to serve our Armed Forces well and subsequent Armed Forces Acts have brought the 2006 Act up to date for the contemporary needs of the Services. In 2017, in preparation for this Bill, MOD commissioned an independent review of the Service Justice System (SJS) to ensure that it continues to be transparent, fair and efficient. The review made 79 recommendations for improvement and the Bill includes provision to implement a few of these which require primary legislation. In common with other five-yearly Bills, this one contains a small number of proposals which fall outside the ambit of Service discipline.
    [Show full text]
  • Northern Ireland Prepared by Lex Mundi Member Firm, Arthur Cox
    Guide to Doing Business Northern Ireland Prepared by Lex Mundi member firm, Arthur Cox This guide is part of the Lex Mundi Guides to Doing Business series which provides general information about legal and business infrastructures in jurisdictions around the world. View the complete series at: www.lexmundi.com/GuidestoDoingBusiness. Lex Mundi is the world’s leading network of independent law firms with in-depth experience in 100+ countries. Through close collaboration, our member firms are able to offer their clients preferred access to more than 21,000 lawyers worldwide – a global resource of unmatched breadth and depth. Lex Mundi – the law firms that know your markets. www.lexmundi.com Lex Mundi: A Guide to Doing Business in Northern Ireland. Prepared by Arthur Cox Updated June 2016 This document is intended merely to highlight issues for general information purposes only. It is not comprehensive nor does it provide legal advice. Any and all information is subject to change without notice. No liability whatsoever is accepted by Arthur Cox for any action taken in reliance on the information herein. LEX MUNDI: A GUIDE TO DOING BUSINESS IN NORTHERN IRELAND, PREPARED BY ARTHUR COX PAGE 2 Contents I. THE COUNTRY AT-A-GLANCE ............................................................................................................. 4 A. What languages are spoken? ............................................................................................................................................................ 4 B. What is the exchange
    [Show full text]
  • The Future of UK Labour Law
    The Future of UK Labour Law Report from History & Policy Trade Union Forum seminar 24 June 2017, Kings College, Lon- don. With the prospect of Britain’s departure from the EU looming, and its serious implications for the remaining protections of employment and union rights, the TUF arranged this seminar to provide a historical perspective on the issues which could arise. Speakers - Jim Moher, Adrian Williamson, Richard Whiting and Sarah Veale - were invited to provide a chronological account of the evolution of British labour law in four sessions. These covered, (i) ‘the Combination Laws to the Trade Disputes Act 1906’; (ii) ‘Trade Union law and practice 1914-1979’; (iii) ‘The Thatcher reforms of the 1980s’ and (iv) ‘Manifesto for a comprehensive revision of workers rights’ (recent Insttute of Employment Rights’ book) The seminar was chaired by John Edmonds, former General Secretary of the GMB union and member of the TUC General Council (including a term as President), during much of the later period. (i) The Combination Laws to the Trade Disputes Act 1906; Dr James Moher, a former national legal officer with the Transport & General Workers Union (1974-84) and Communication Workers Union (1984-2006), addressed the first topic. He was involved at a senior level during the critical period when the law governing trade unions underwent transformation - his later duties included responsibility for balloting arrangements and legal defence in a union regularly in- volved in disputes with Royal Mail and BT. This experience has been bolstered by a longstanding study of the history of unions and the law, as it has evolved from the time of the Combination laws.
    [Show full text]
  • MEDICINES ACT 2003 Chapter 4
    © Copyright Treasury of the Isle of Man Crown Copyright reserved See introductory page for restrictions on copying and reproduction MEDICINES ACT 2003 Chapter 4 Arrangement of sections PART 1 DEALINGS WITH MEDICINAL PRODUCTS 1. Introductory. 2. Restrictions on dealing with medicinal products. 3. Exemptions. 4. General sale of medicinal products. 5. Medicinal products on prescription only. 6. Regulations: general provisions. PART 2 CONSUMER PROTECTION 7. Adulteration of medicinal products. 8. Protection of purchasers of medicinal products. 9. Compliance with published standards. 10. Misleading descriptions etc. 11. Display of information on automatic machines. 12. Offences. PART 3 PROMOTION OF SALES OF MEDICINAL PRODUCTS 13. False or misleading advertisements and representations. 14. Advertisements requiring consent. 15. Regulation of advertisements and representations. 16. Advertisements and representations directed to practitioners. 17. Interpretation. PART 4 ENFORCEMENT 18. Enforcement etc. 19. Rights of entry. 20. Power to inspect, take samples and seize goods and records. 1 Medicines Act 2003 21. Application of sampling procedure to substance or article seized under s. 20. 22. Obstruction etc. 23. Analysis of samples in other cases. 24. Liability to forfeiture. 25. Restrictions on disclosure of information. 26. Contravention due to default of other person. 27. Warranty as defence. 28. Offences in relation to warranties and certificates of analysis. 29. Offences: general. 30. Presumptions. PART 5 VETERINARY MEDICINAL PRODUCTS AND ANIMAL FEEDING STUFFS 31. Veterinary medicinal products. 32. Application of Parts 1 to 4 to veterinary medicinal products. 33. Medicated animal feeding stuffs. 34. Animal feeding stuffs: enforcement. PART 6 PHARMACIES Conduct of retail pharmacy business 35. Retail pharmacy business. 36.
    [Show full text]
  • The Law of the National Rivers Authority the Law of the National Rivers Authority
    NATIONAL RIVERS AUTHORITY NRA by Centre for Law in Rural A reas U.C.W. Aberystwyth Notional Rivers Aumortty Information Centre [Head Office Class No m Accossion No National Information Centre The Environment Agency Rio House Waterside Drive Aztec West BRISTOL BS12 4UD Due for return THE LAW OF THE NATIONAL RIVERS AUTHORITY THE LAW OF THE NATIONAL RIVERS AUTHORITY by WILLIAM HOWARTH B.A., LL.M. Director of the Centre for Law in Rural Areas and Lecturer in Law, University College of Wales, Aberystwyth The National Rivers Authority and the Centre for Law in Rural Areas, University College of Wales, Aberystwyth 1990 © W illiam Howarth 1990 ISBN 1 872662 00 5 Published by The National Rivers Authority and the Centre for Law in Rural Areas, University College of Wales, Aberystwyth Copies of this work may be obtained from: The Director, Centre for Law in Rural Areas, University College of Wales, Aberystwyth, Dyfed, SY23 3DZ. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of the copyright holder. Printed by Cambrian Printers, Aberystwyth. FOREWORD The Water Act 1989 brings about a dramatic restructuring of the water industry in England and Wales through an overall separation of the responsibilities for utility and regulatory functions in relation to water. This division of the industry will allow a greater degree of specialism to be developed, and ultimately will prove more effective both in satisfying the needs of water consumers and also in safeguarding in general aquatic environment.
    [Show full text]
  • Statute Law Repeals: Twentieth Report Draft Statute Law (Repeals) Bill
    2015: 50 years promoting law reform Statute Law Repeals: Twentieth Report Draft Statute Law (Repeals) Bill LC357 / SLC243 The Law Commission and The Scottish Law Commission (LAW COM No 357) (SCOT LAW COM No 243) STATUTE LAW REPEALS: TWENTIETH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty Laid before the Scottish Parliament by the Scottish Ministers June 2015 Cm 9059 SG/2015/60 © Crown copyright 2015 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Print ISBN 9781474119337 Web ISBN 9781474119344 ID 20051507 05/15 49556 19585 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office ii The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Right Honourable Lord Justice Lloyd Jones, Chairman Professor Elizabeth Cooke1 Stephen Lewis Professor David Ormerod QC Nicholas Paines QC. The Chief Executive of the Law Commission is Elaine Lorimer. The Law Commission is located at 1st Floor, Tower, 52 Queen Anne’s Gate, London SW1H 9AG The Scottish Law Commissioners are: The Honourable Lord Pentland, Chairman Caroline Drummond David Johnston QC Professor Hector L MacQueen Dr Andrew J M Steven The Chief Executive of the Scottish Law Commission is Malcolm McMillan.
    [Show full text]
  • OUTLINE KD51-9500 Law of England and Wales KD51-59 Bibliography
    OUTLINE KD51-9500 Law of England and Wales KD51-59 Bibliography KD62 Official gazettes KD124-180 Legislation KD124-150 Statues KD166-173 Subordinate (Delegated legislation) KD175-180 Prerogative legislation KD187-300 Law reports and related materials KD310 Encyclopedias KD313 Law dictionaries. Words and phrases KD315 Legal maxims. Quotations KD318 Form books KD327-332 Judicial statistics KD336-340 Directories KD345 Society and bar association journals KD347 Congresses KD353-358 Collections KD370-379.5 Trials KD370-376 Criminal trials and judicial investigations KD378-379.5 Civil trials KD392-400 Legal research. Legal bibliography KD404 Legal composition and draftsmanship KD411 Law reporting. Law reporters KD417-452 Legal education KD456 Law societies KD460-510 The legal profession KD512-513 Community legal services. Legal aid KD530-632 History KD640 Jurisprudence and philosophy of English law KD654 Criticism. Legal reform. General administration of justice KD658-669 General and comprehensive works KD671 Common law KD674 Equity KD680-685 Conflict of laws KD687 Retroactive law. Intertemporal law KD691-700 General principles and concepts KD703 Concepts applying to several branches of law KD720-721 Private (Civil) law KD723-785 Persons KD723-746 General. Status. Capacity KD750-785 Domestic relations. Family law vii OUTLINE Law of England and Wales - Continued KD810-1465 Property KD810-815 General. Ownership. Possession KD821-1195 Real property. Land law KD833-1020.6 Land tenure. Transfer of rights in land. Real estate management KD1034-1195 Public property. Public restraints on private property KD1035 Conservation of natural resources KD1040-1048 Roads KD1070-1072 Water resources. Rivers. Water courses KD1090-1107 Public land law KD1125-1162 Regional and city planning.
    [Show full text]
  • The Armed Forces Bill 7 DECEMBER 2005 Bill 94 of Session 2005-2006
    RESEARCH PAPER 05/86 The Armed Forces Bill 7 DECEMBER 2005 Bill 94 of Session 2005-2006 The Armed Forces Bill (Bill 94 of Session 2005-06) was presented on 30 November 2005. Second Reading is scheduled for 12 December 2005. The intention of the Bill is to consolidate and modernise the provisions of the three Service Discipline Acts: the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957. These Acts will be repealed on the passage of this Bill into law. This paper should be read in conjunction with Library Research Paper RP05/75, Background to the Armed Forces Bill, 11 November 2005, which provides an outline of the current disciplinary system, some pre- legislative comments and sets out a number of issues that may be the subject of discussion as this Bill progresses. Claire Taylor INTERNATIONAL AFFAIRS AND DEFENCE SECTION HOUSE OF COMMONS LIBRARY Recent Library Research Papers include: List of 15 most recent RPs 05/71 The EU Accession Bill [Bill 51 of 2005-06] 26.10.05 05/72 Afghanistan – The Culmination of the Bonn Process 26.10.05 05/73 The Council Tax (New Valuation Lists for England) Bill 01.11.05 [Bill 57 of 2005-06] 05/74 Economic Indicators, November 2005 01.11.05 05/75 Background to the Forthcoming Armed Forces Bill 11.11.05 05/76 Unemployment by Constituency, October 2005 16.11.05 05/77 Equality Bill [Bill 85 of 2005-06] 17.11.05 05/78 Northern Ireland (Offences) Bill [Bill 81 of 2005-06] 17.11.05 05/79 The Health Bill: Part I Smokefree premises, places and 22.11.05 vehicles [Bill 69 of 2005-06] 05/80 The
    [Show full text]
  • Political Power of Nuisance Law: Labor Picketing and the Courts In
    Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 1998 Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present, The Rachel Vorspan Fordham University School of Law, [email protected] Follow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, and the Labor and Employment Law Commons Recommended Citation Rachel Vorspan, Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present, The , 46 Buff. L. Rev. 593 (1998) Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/344 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. BUFFALO LAW REVIEW VOLUME 46 FALL 1998 NUMBER 3 The Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present RACHEL VORSPANt INTRODUCTION After decades of decline, the labor movements in America and England are enjoying a resurgence. Unions in the United States are experiencing greater vitality and political visibility,' and in 1997 a Labour government took power in England for the first time in eighteen years.! This t Associate Professor of Law, Fordham University. A.B., 1967, University of California, Berkeley; M.A., 1968, Ph.D., 1975, Columbia University (English History); J.D., 1979, Harvard Law School.
    [Show full text]
  • National Rivers Authority
    National Rivers Authority Seminar On Water Pollution Control fvjfUV ffo Y- 8 APPENDIX II (4.1.91.) N.R.A. LEGAL TRAINING ENVIRONMENTAL QUALITY STAFF POLLUTION PROSECUTIONS SEMBIAfl DAY ONE PROGRAMME PRESENTER 9.30. REGISTRATION & COFFEE 9.50. INTRODUCTION to COURSE REGIONAL ENVIRONMENTAL MANAGER or his nominee 10.00. The WATER ACT 1989: TERRY WILLIAMS History COPA Part II Part III Chapter I 10. 20. SPECIAL STATUTORY PROVISIONS: DAVID BATHERS & PETER MITCHESON Offence & Defence or Powers of Entry MARTIN DAVIES 5 TERRY WILLIAMS Sampling (inc Continuity) S & FF Act 1975 Sect 4 Prohibition Notices 11.15. * * Coffee * * 11.30. CASE LAW TERRY WILLIAMS Impress Worcester Alphacell Price v Cromack Wrothwell Pegrum Express Foods McTay 12.05. Costs & Compensation DAVID BATHERS or JOHN BARFORD 12.25. POLICE & CRIMINAL EVIDENCE ACT MARTIN DAVIES or PETER MITCHESON 12.45. * * Lunch * * 2.00pm. SAMPLING PROCEDURES To be nominated by REM 3.00 PREPARATION of EVIDENCE DAVID BATHERS or JOHN BARFORD for COURT 3.20. * ♦ Tea * * 3.40. PRESENTATION of EVIDENCE in TERRY WILLIAMS COURT & CONDUCT of CASE 4.00. PITFALLS/LESSONS to be LEARNT All Legal Presenters 5.00. SYNDICATE WORK for MOCK TRIAL TERRY WILLIAMS on « Day Two 5.30 DISPERSE DAY TWO PROGRAMME PRESENTER A.M. MOCK TRIAL: TERRY WILLIAMS & ANOTHER LEGAL PRESENTER 9.30 CASE for the PROSECUTION 10.30. * * Coffee * * 10.45. CASE for PROSECUTION continued 11.15. CASE for the DEFENCE 12.15 SUMMING UP BY THE PROSECUTION 12.25. " " M DEFENCE 12.35. JUDGEMENT 12.45. * * Lunch * * 1.50pm. REVIEW of MOCK TRIAL TERRY WILLIAMS 2.00 TOPIC(S) of INTEREST To be nominated by REM to be selected by REM 3.00.
    [Show full text]
  • Northern Irish Legal Education After Brexit
    Northern Irish Legal Education After Brexit Flear, M. L., & Mac Sithigh, D. (2019). Northern Irish Legal Education After Brexit. The Law Teacher, 53(2), 148- 159. https://doi.org/10.1080/03069400.2019.1589745 Published in: The Law Teacher Document Version: Peer reviewed version Queen's University Belfast - Research Portal: Link to publication record in Queen's University Belfast Research Portal Publisher rights © 2019 The Association of Law Teachers. This work is made available online in accordance with the publisher’s policies. Please refer to any applicable terms of use of the publisher. General rights Copyright for the publications made accessible via the Queen's University Belfast Research Portal is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The Research Portal is Queen's institutional repository that provides access to Queen's research output. Every effort has been made to ensure that content in the Research Portal does not infringe any person's rights, or applicable UK laws. If you discover content in the Research Portal that you believe breaches copyright or violates any law, please contact [email protected]. Download date:01. Oct. 2021 Northern Irish Legal Education after Brexit Mark L Flear and Daithí Mac Síthigh* In this article we argue that the impact of Brexit on the law schools in Northern Ireland is tied to the ‘unique circumstances’ of legal education in this part of the world. Legal education in Northern Ireland is likely to develop to become even more distinctive than that in other parts of the UK.
    [Show full text]
  • Poinding and Warrant Sale
    SCOTTISH LAW COMMISSION (Scot Law Com No 177) Report on Poinding and Warrant Sale Report on a reference under section 3(1)(e) of the Law Commissions Act 1965 Laid before the Scottish Parliament by the Scottish Ministers April 2000 SE/2000/40 Edinburgh: The Stationery Office £12.90 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 Gill, Chairman P S Hodge, QC Professor G Maher Professor K G C Reid Professor J M Thomson The Secretary of the Commission is Mr N Raven. Its offices are at 140 Causewayside, Edinburgh EH9 1PR 1 Now amended by the Scotland Act 1998 (Consequential Modifications) (No 2) Order 1999 (S.I.1999/1802) ii SCOTTISH LAW COMMISSION Report on a reference under section 3(1)(e) of the Law Commissions Act 1965 Poinding and Warrant Sale To: Jim Wallace, Esq., QC, MSP, Deputy First Minister and Minister for Justice We have the honour to submit to the Scottish Ministers our Report on Poinding and Warrant Sale. (Signed) BRIAN GILL, Chairman PATRICK S HODGE GERARD MAHER KENNETH G C REID JOSEPH M THOMSON NORMAN RAVEN, Secretary 20 March 2000 iii Contents Paragraph Page Executive Summary x-xi Table of Abbreviations xii-xiii PART I - INTRODUCTION Background to report 1.1 1 Our 1985 Report and the 1987 Act 1.3 1 Consultation and other material 1.5 2 The SOCRU evaluation of the 1987 Act 1.9 3 Structure of the report 1.10 3 Acknowledgements 1.11 3 PART 2 - POLICY ISSUES Introduction 2.1 4 The nature
    [Show full text]