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Immigration, (2021)
Right to respect for private and family life: immigration, (2021) Right to respect for private and family life: immigration Last date of review: 02 March 2021 Last update: General updating. Authored by Austen Morgan 33 Bedford Row Chambers Convention rights - from the 1950 European Convention on Human Rights (ECHR) and given further effect by scheduling to the Human Rights Act 1998 (HRA) have applied incontrovertibly in domestic UK law since 2 October 2000. There was considerable discussion from 1997 about which rights would be litigated in future years, on the basis of the jurisprudence of the European Court of Human Rights (ECtHR) at Strasbourg, in the three jurisdictions of the United Kingdom (UK): England and Wales; Scotland; and Northern Ireland. Some commentators anticipated that art.8 (the right to respect for private and family life) would be important, as the basis of a new domestic right to privacy. Few, if any, predicted that the family life aspect of art.8 would play a significant role in UK immigration law and practice; this regulates the entry (and possibly exit) of non-nationals, whether as visitors, students, workers, investors or residents. Overview of Topic 1. This article looks at legislative, executive and judicial attempts to limit such art.8 cases since 2000, a project led by successive Secretaries of State (SoS) for the Home Department, of whom there have been six Labour, one coalition Conservative and three Conservatives in the past 20 years. 2. It considers the following topics: the structure of art.8 in immigration cases; how the SoS might theoretically limit its effect in tribunals and courts; the failed attempt to do so through the Immigration Rules; the slightly more successful attempt to do so through statute; the mixed response of the senior judiciary; and future prospects. -
EXPLANATORY NOTES Immigration Act 2014
EXPLANATORY NOTES Immigration Act 2014 Chapter 22 £11.00 These notes refer to the Immigration Act 2014 (c. 22) which received Royal Assent on 14 May 2014 IMMIGRATION ACT —————————— EXPLANATORY NOTES INTRODUCTION 1. These explanatory notes relate to the Immigration Act which received Royal Assent on 14 May 2014. They have been prepared by the Home Office in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament. 2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given. 3. A glossary of abbreviations and terms used in these explanatory notes is contained in the annex to these notes. SUMMARY 4. This Act is in 7 parts. 5. Part 1 of the Act, and Schedules 1 and 2, contain powers to enable the removal of persons unlawfully in the United Kingdom (“the UK”), enforcement powers, restrictions on bail and additional powers to take biometric information. 6. Part 2 amends rights of appeal, limiting immigration appeals to circumstances where there has been a refusal of a human rights or asylum or humanitarian protection claim, or where refugee status or humanitarian protection has been revoked. It also provides a power for the Secretary of State to certify that to require an appellant who is liable to deportation to leave the UK before their appeal is determined would not cause serious irreversible harm, in which case the person may only appeal from outside the UK. -
Taxation (International and Other Provisions) Bill
TAXATION (INTERNATIONAL AND OTHER PROVISIONS) BILL TABLE OF ORIGINS This Table shows the origins of the provisions of the Taxation (International and Other Provisions) Bill. It is followed by a Table of Destinations for the Bill, which starts on page 60. The following abbreviations are used in the Table of Origins— Acts of Parliament TMA 1970 Taxes Management Act 1970 (c. 9) FA 1973 Finance Act 1973 (c. 51) FA 1974 Finance Act 1974 (c. 30) FA 1982 Finance Act 1982 (c. 39) F(No.2)A 1987 Finance (No. 2) Act 1987 (c. 51) ICTA Income and Corporation Taxes Act 1988 (c. 1) FA 1988 Finance Act 1988 (c. 39) FA 1989 Finance Act 1989 (c. 26) FA 1991 Finance Act 1991 (c. 31) TCGA 1992 Taxation of Chargeable Gains Act 1992 (c. 12) F(No.2)A 1992 Finance (No. 2) Act 1992 (c. 48) FA 1993 Finance Act 1993 (c. 34) FA 1995 Finance Act 1995 (c. 4) FA 1996 Finance Act 1996 (c. 8) FA 1997 Finance Act 1997 (c. 16) FA 1998 Finance Act 1998 (c. 36) FA 1999 Finance Act 1999 (c. 16) FA 2000 Finance Act 2000 (c. 17) FA 2001 Finance Act 2001 (c. 9) FA 2003 Finance Act 2003 (c.14) FA 2004 Finance Act 2004 (c. 12) ITTOIA 2005 Income Tax (Trading and Other Income) Act 2005 (c. 5) FA 2005 Finance Act 2005 (c. 7) F(No.2)A 2005 Finance (No. 2) Act 2005 (c. 22) FA 2006 Finance Act 2006 (c. 25) ITA 2007 Income Tax Act 2007 (c. -
(Reciprocal Agreement) (United Kingdom) Order 2016 Article1
The Social Security (Reciprocal Agreement) (United Kingdom) Order 2016 Article1 Statutory Document No. 2016/0063 c Social Security Administration Act 1992 THE SOCIAL SECURITY (RECIPROCAL AGREEMENT) (UNITED KINGDOM) ORDER 2016 Approved by Tynwald: 15 March 2016 Coming into Operation: 6 April 2016 The Governor in Council makes the following Order under section 179(1)(a), (2), (3) and (4) of the Social Security Administration Act 1992 (of Parliament) as that Act has effect in the Isle of Man1. 1 Title This Order is The Social Security (Reciprocal Agreement) (United Kingdom) Order 2016. 2 Commencement If approved by Tynwald2, this Order comes into operation on 6 April 2016 and shall have effect in respect of the income tax year commencing 6 April 2016 and all subsequent years. 3 Modification and adaptation of legislation The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992, (Acts of Parliament), as they have effect in the Isle of Man3, and statutory documents made under those Acts, shall be modified to such extent as may be required to give effect to the provisions contained in the Agreement relating to pensions set out in the Schedule to this Order, so far as they relate to the Isle of Man. 1 The Social Security Administration Act 1992 is applied to the Island by the Social Security Administration Act 1992 (Application) Order 1994 (SD 506/94) 2 Tynwald approval is required by section 190 of the Social Security Administration Act 1992 (of Parliament) as it is applied to the Island 3 The Social -
The Gild Merchant; a Contribution to British Municipal History
IdRONTO LIBRARY BINDING .L!?T JAN 1- 1925 THE GILD MERCHANT GKOSS VOL. I. HENRY FROWDE OXFORD UNIVERSITY PRESS WAREHOUSE AMEN CORNER, E.C. THE GILD MERCHANT A CONTRIBUTION TO ffiritisb Municipal CHARLES GROSS, PH. D. INSTRUCTOR IN HISTORY, HARVARD UNIVERSITY VOLUME I AT THE CLARENDON PRESS 1890 [ All rights reserved ] PRINTED AT THE CLARENDON PRESS BY HORACE HART, PRINTER TO THE UNIVERSITY HO v,; PREFACE. THIS book arose to some extent from the author's German ' doctoral dissertation, entitled Gilda Mercatoria' (Gottingen, 1883). The latter was based mainly on printed sources, and did not aim at exhausting the subject. The present work is based mainly on manuscript materials, and in it the author aspires to throw light on the development not merely of gilds but also of the municipal constitution. Much fresh and clas- sified material illustrating general municipal history will be found in the text and footnotes. " The shortcomings of many of the ordinary authorities on the history of gilds and boroughs are touched on in Vol. I. p. I, and in Appendix A. Appendix B (Anglo-Saxon Gilds) could not be dispensed with, inasmuch as many writers confuse Anglo-Saxon gilds with the Gild Merchant. The Scotch Gild Merchant and the Continental Gild Merchant (App. D and F) require separate treatment, because their development was different from that of the corresponding English institution, although most writers fail to notice this distinction. Appendix C (The English Hanse) and Appendix E (Affiliation of Boroughs) will, it is hoped, be as welcome to Continental as to English historians. The list of authorities at the end of Vol. -
Tax Dictionary T
Leach’s Tax Dictionary. Version 9 as at 5 June 2016. Page 1 T T Tax code Suffix for a tax code. This suffix does not indicate the allowances to which a person is entitled, as do other suffixes. A T code may only be changed by direct instruction from HMRC. National insurance National insurance contribution letter for ocean-going mariners who pay the reduced rate. Other meanings (1) Old Roman numeral for 160. (2) In relation to tapered reduction in annual allowance for pension contributions, the individual’s adjusted income for a tax year (Finance Act 2004 s228ZA(1) as amended by Finance (No 2) Act 2015 Sch 4 para 10). (3) Tesla, the unit of measure. (4) Sum of transferred amounts, used to calculate cluster area allowance in Corporation Tax Act 2010 s356JHB. (5) For the taxation of trading income provided through third parties, a person carrying on a trade (Income Tax (Trading and Other Income) Act 2005 s23A(2) as inserted by Finance (No 2) Act 2017 s25(2)). (6) For apprenticeship levy, the total amount of levy allowance for a company unit (Finance Act 2016 s101(7)). T+ Abbreviation sometimes used to indicate the number of days taken to settle a transaction. T$ (1) Abbreviation: pa’anga, currency of Tonga. (2) Abbreviation: Trinidad and Tobago dollar. T1 status HMRC term for goods not in free circulation. TA (1) Territorial Army. (2) Training Agency. (3) Temporary admission, of goods for Customs purposes. (4) Telegraphic Address. (5) In relation to residence nil rate band for inheritance tax, means the amount on which tax is chargeable under Inheritance Tax Act 1984 s32 or s32A. -
Red Tape Robin Ellison Frontmatter More Information
Cambridge University Press 978-1-108-42695-4 — Red Tape Robin Ellison Frontmatter More Information RED TAPE Red Tape tells the sometimes astonishing story of the making of laws, both good and bad, the recent explosion in rule making and the failure of repeated attempts to rationalise the statute books – even governments themselves are concerned about the increasing number and complexity of our laws. Society requires the rule of law, but the rule of too much law means that the general public faces frustrating excesses created by overzeal- ous regulators and lawmakers. Robin Ellison reveals the failure of repeated attempts to limit the number and complexity of new laws, and the expan- sion of regulators. He challenges the legislature to introduce fewer yet bet- ter laws and regulators by encouraging lawmakers to adopt practices that improve the eiciency of the law and the lives of everyone. Too much law leads to frustration for all – Red Tape is a long overdue exposé of our legal system for practitioners and consumers alike. robin ellison is a solicitor, a consultant with an international law irm, Pinsent Masons, where he specialises in the development of pensions and related inancial services products for insurers and other providers, and is the Cass Business School Professor of Pensions Law and Economics, City, University of London. He acts for a number of governments and govern- ment agencies and has been an adviser to the House of Commons Select Committee on Work and Pensions. © in this web service Cambridge University Press www.cambridge.org -
6. the Immigration Act 2014 and the Right to Rent David Smith
6. The Immigration Act 2014 and the Right to Rent David Smith INTRODUCTION The Right to Rent is a new concept created by the Immigration Act 2014. It is distinct from the right to work and the right to reside and is a slightly lower standard than both of these in that it is available to people who are not eco- nomically active and have no recourse to public funds or a right to work in the UK. The essential purpose of the system, as with much of the Immigration Act 2014, is the creation of the so-called hostile environment for illegal migrants originally flagged by Theresa May in a 2012 interview in the Telegraph given when she was Home Secretary (Kirkup & Winnett, 2012). More recently this has been recast as the ‘compliant environment’ with a set of rules that those who might potentially interact with migrants must follow (Travis, 2017). The original 2014 Act has been hardened further by amendments made in the Immigration Act 2016 which has created specific criminal offences relating to breaches of the right to rent and have substantially increased the powers to evict people who lack the right to rent. However, there are very serious problems with elements of the right to rent in terms of its effects on the rights of individual occupiers and how it will work in the parts of the UK in which substantial law-making powers have been devolved to local governments. APPLICATION OF THE RIGHT TO RENT The right to rent provisions apply to all ‘residential tenancy agreements’ but this is defined in a way that is somewhat contrary to that understood by most lawyers. -
Notes on Finance Bill Resolutions 3Rd March 2021 1
Notes on Finance Bill resolutions 3rd March 2021 1. Income tax (charge) Provides for income tax to be charged for the 2021-22 tax year. 2. Income tax (main rates) Provides for the main rates of income tax for the 2021-22 tax year. 3. Income tax (default and savings rates) Provides for the default and savings rates of income tax for the 2021-22 tax year. 4. Income tax (starting rate limit for savings) Provides for the starting rate limit for savings for the 2021-22 tax year to remain at £5,000. 5. Basic rate limit and personal allowance (future years) Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to matters that may be included in Finance Bills) taking effect in a future year for each of the following amounts to remain at the amount specified for the tax year 2021-22 — (a) the amount specified in section 10(5) of the Income Tax Act 2007 (basic rate limit), and (b) the amount specified in section 35(1) of that Act (personal allowance). 6. Corporation tax (charge and main rate for financial years 2022 and 2023) Authorises the Finance Bill to contain provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) for the charging of corporation tax, and for setting the main rate of corporation tax, for the financial years 2022 and 2023. 7. Corporation tax (small companies rate) Authorises the Finance Bill to make provision (notwithstanding anything to the contrary in the practice of the House relating to the matters that may be included in Finance Bills) taking effect in a future year — (a) charging corporation tax at a rate lower than the main rate on profits not exceeding a specified amount, (b) reducing the amount of corporation tax chargeable in cases where profits exceed that amount but do not exceed a higher specified amount, and (c) amending Chapter 3A of Part 8 of the Corporation Tax Act 2010 (corporation tax rates on ring fence profits). -
Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency
International Law Research; Vol. 6, No. 1; 2017 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: November 20, 2016 Accepted: February 19, 2017 Online Published: March 7, 2017 doi:10.5539/ilr.v6n1p1 URL: https://doi.org/10.5539/ilr.v6n1p1 1. INTRODUCTION Prior articles have asserted that English criminal law is very fragmented and that a considerable amount of the older law - especially the common law - is badly out of date.1 The purpose of this article is to consider the crime of public nuisance (also called common nuisance), a common law crime. The word 'nuisance' derives from the old french 'nuisance' or 'nusance' 2 and the latin, nocumentum.3 The basic meaning of the word is that of 'annoyance';4 In medieval English, the word 'common' comes from the word 'commune' which, itself, derives from the latin 'communa' - being a commonality, a group of people, a corporation.5 In 1191, the City of London (the 'City') became a commune. Thereafter, it is usual to find references with that term - such as common carrier, common highway, common council, common scold, common prostitute etc;6 The reference to 'common' designated things available to the general public as opposed to the individual. For example, the common carrier, common farrier and common innkeeper exercised a public employment and not just a private one. -
The Devolved Income Tax Rates (Consequential Amendments) Order 2018
Draft Order laid before the House of Commons under section 28(4) of the Wales Act 2014, and paragraphs 1 and 2 of Schedule 7 to the Scotland Act 1998, for approval by resolution of that House. D R A F T STATUTORY INSTRUMENT S 2018 No. INCOME TAX DEVOLUTION The Devolved Income Tax Rates (Consequential Amendments) Order 2018 Made - - - - *** Coming into force in accordance with article 1 A draft of this Order was laid before and approved by the House of Commons in accordance with section 28(4) of the Wales Act 2014(a) and paragraphs 1 and 2 of Schedule 7 to the Scotland Act 1998(b). The Treasury, in exercise of the powers conferred by section 28(1) and (2) of the Wales Act 2014, and section 80G(1A) and (2) of the Scotland Act 1998(c) makes the following Order: Citation, commencement and effect 1.—(1) This Order may be cited as the Devolved Income Tax Rates (Consequential Amendments) Order 2018 and comes into force the day after the day on which it is made. (2) The amendments made by this Order have effect in relation to the tax year commencing on 6th April 2019 and subsequent tax years. Amendment to the Taxes Management Act 1970 2. In section 91(3)(c) (effect on interest of reliefs) of the Taxes Management Act 1970(d), after “the Scottish intermediate rate,” insert “the Welsh basic rate,”. (a) 2014 c. 29. (b) 1998 c. 46. Relevant amendments were made to paragraph 1 of Schedule 7 by section 296 of, and paragraph 16(10)(b) of Schedule 38 to, the Finance Act 2014 (c. -
The Medieval English Borough
THE MEDIEVAL ENGLISH BOROUGH STUDIES ON ITS ORIGINS AND CONSTITUTIONAL HISTORY BY JAMES TAIT, D.LITT., LITT.D., F.B.A. Honorary Professor of the University MANCHESTER UNIVERSITY PRESS 0 1936 MANCHESTER UNIVERSITY PRESS Published by the University of Manchester at THEUNIVERSITY PRESS 3 16-324 Oxford Road, Manchester 13 PREFACE its sub-title indicates, this book makes no claim to be the long overdue history of the English borough in the Middle Ages. Just over a hundred years ago Mr. Serjeant Mere- wether and Mr. Stephens had The History of the Boroughs Municipal Corporations of the United Kingdom, in three volumes, ready to celebrate the sweeping away of the medieval system by the Municipal Corporation Act of 1835. It was hardly to be expected, however, that this feat of bookmaking, good as it was for its time, would prove definitive. It may seem more surprising that the centenary of that great change finds the gap still unfilled. For half a century Merewether and Stephens' work, sharing, as it did, the current exaggera- tion of early "democracy" in England, stood in the way. Such revision as was attempted followed a false trail and it was not until, in the last decade or so of the century, the researches of Gross, Maitland, Mary Bateson and others threw a fiood of new light upon early urban development in this country, that a fair prospect of a more adequate history of the English borough came in sight. Unfortunately, these hopes were indefinitely deferred by the early death of nearly all the leaders in these investigations.