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British Overseas Territories Law
British Overseas Territories Law Second Edition Ian Hendry and Susan Dickson HART PUBLISHING Bloomsbury Publishing Plc Kemp House , Chawley Park, Cumnor Hill, Oxford , OX2 9PH , UK HART PUBLISHING, the Hart/Stag logo, BLOOMSBURY and the Diana logo are trademarks of Bloomsbury Publishing Plc First published in Great Britain 2018 First edition published in 2011 Copyright © Ian Hendry and Susan Dickson , 2018 Ian Hendry and Susan Dickson have asserted their right under the Copyright, Designs and Patents Act 1988 to be identifi ed as Authors of this work. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publishers. While every care has been taken to ensure the accuracy of this work, no responsibility for loss or damage occasioned to any person acting or refraining from action as a result of any statement in it can be accepted by the authors, editors or publishers. All UK Government legislation and other public sector information used in the work is Crown Copyright © . All House of Lords and House of Commons information used in the work is Parliamentary Copyright © . This information is reused under the terms of the Open Government Licence v3.0 ( http://www.nationalarchives.gov.uk/doc/ open-government-licence/version/3 ) except where otherwise stated. All Eur-lex material used in the work is © European Union, http://eur-lex.europa.eu/ , 1998–2018. A catalogue record for this book is available from the British Library. -
Written Evidence Submitted by UK Government (CPP0009)
Written evidence submitted by UK Government (CPP0009) 02 March 2021 Northern Ireland Affairs Committee Inquiry into Citizenship and Passport Processes in Northern Ireland Dear Chair, Thank you for the opportunity to provide evidence to the Northern Ireland Affairs Committee in relation to the Committee’s inquiry into Citizenship and Passport Processes in Northern Ireland. The work of the Committee, including the critical role it plays in Parliamentary scrutiny, is of the utmost importance to the Government. The Government is fully committed to the Belfast Agreement, the constitutional principles it upholds, and the rights it protects. This includes the birthright provision, which protects the rights of all the people of Northern Ireland to identify themselves and be accepted as Irish or British or both, as they may so choose, and the right to hold both British and Irish citizenship. To support the Committee’s inquiry, the Secretary of State for Northern Ireland has asked that I write to you, with the support of the Minister for Future Borders and Immigration, Kevin Foster MP, to provide detailed evidence in response to the inquiry’s terms of reference. UKG response to the terms of reference 1. The interaction between UK nationality law and the Belfast (Good Friday) Agreement, and any engagement with the European Convention on Human Rights (ECHR). The introductory remarks to the Committee’s inquiry1 state that the Belfast (Good Friday) Agreement: “guarantees the right of the people of Northern Ireland to identify as British, Irish or both -
British Nationality Act 1981
Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to British Nationality Act 1981. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) British Nationality Act 1981 1981 CHAPTER 61 An Act to make fresh provision about citizenship and nationality, and to amend the Immigration Act 1971 as regards the right of abode in the United Kingdom. [30th October 1981] Annotations: Modifications etc. (not altering text) C1 Act extended by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(1); restricted by British Nationality (Falkland Islands) Act 1983 (c. 6, SIF 87), s. 3(2); amended by S.I. 1983/1699, art. 2(1) and amended by British Nationality (Hong Kong) Act 1990 (c. 34, SIF 87), s. 2(1) C2 Act modified: (18.7.1996) by 1996 c. 41, s. 2(1); (19.3.1997) by 1997 c. 20, s. 2(1) C3 Act applied (19.3.1997) by 1997 c. 20, s. 1(8) C4 Act amended (2.10.2000) by S.I. 2000/2326, art. 8 C5 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 3(3); S.I. 2002/1252, art. 2 C6 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. 8), s. 6(2); S.I. 2002/1252, art. 2 Act modified (21.5.2002) by British Overseas Territories Act 2002 (c. -
Table of Statutes
Table of Statutes Commonwealth Constitution: 297 s 9: 296 Ch III: 5, 14, 15, 234, 363, 370, 372, 391, s 10: 296 397, 398, 404-406, 410 s 11: 296 s 1: 391, 422, 436 s 12: 17 s 7: 417, 422, 423, 425, 428, 429, 432, s 13: 296 436, 441 s 14: 296 s 8: 436 s 15: 17, 18, 296 s 15: 180, 193 s 15(1): 6 s 16: 436 Australia (Request and Consent) Act s 24: 416, 417, 422-425, 428, 429, 432, 1985: 296 436, 441 Australian Capital Territory (Self-Gov- s 29: 422 ernment) 1988 s 30: 422, 436 s 22: 66 s 49: 317 Broadcasting Act 1942 s 51: 65 Pt IIID: 426 s 51(xxix): 233 Builders Labourers Federation (Cancel- s 51(xxxi): 380 lation of Registration) Act 1986: 367, s 51(xxxv): 426 370 s 51(xxxvii): 3 Builders Labourers Federation (Cancel- s 51(xxxviii): 3, 281, 285, 287, 288 lation of Registration – Conse- s 53: 191 quential Provisions) Act 1986: 367 s 57: 185, 192 s 7: 368 s 61: 391 Builders Labourers Federation Legis- s 71: 14, 384, 391, 396, 397, 399 lation Amendment Act 1990: 389 s 73: 384 Commonwealth Electoral Act 1902: 422 s 74: 273 Conciliation and Arbitration Act 1904: s 77(iii): 14, 384, 396, 399, 405 367 s 80: 380 Constitution Alteration (State Debts) Act s 90: 66, 67 1929: 142 s 92: 380 Customs Act 1901: 66 s 105A: 142, 144, 148 Financial Agreements (Commonwealth s 105A(3): 144 Liability) Act 1932: 143 s 105A(5): 144 Financial Agreements Enforcement Act s 106: 78, 79, 234, 352, 371, 432, 440 1932: 143, 146, 152, 157 s 107: 356, 357 Pt II: 144 s 116: 380 Financial Agreements (State Legislation) s 117: 380 Act 1932: 148 s 128: 18, 115-117, 429, 434 -
British Nationality Act 1981 (Remedial) Order 2018
The Government Response to the fifth report from the Joint Committee on Human Rights, Session 2017-19 (HC 926, HL paper 146): Proposal for a draft British Nationality Act 1981 (Remedial) Order 2018 January 2019 The Government Response to the fifth report from the Joint Committee on Human Rights, Session 2017-19 (HC 926, HL paper 146): Proposal for a draft British Nationality Act 1981 (Remedial) Order 2018 Presented to Parliament pursuant to paragraph 3(2) of Schedule 2 to the Human Rights Act 1998 January 2019 © Crown copyright 2019 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 Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at https://www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at: Home Office Migrant Criminality Policy BICS Policy and International Group 2nd Floor, Peel Building 2 Marsham Street London, SW1P 4DF e-mail: [email protected] ISBN 978-1-5286-0963-0 CCS0119338728 01/19 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office Contents Statement of representations Page 1 Annex A: Letter from the Immigration Minister to the Page 7 Joint Committee on Human Rights Annex B: The Remedial Order Page 11 STATEMENT OF SUMMARY OF REPRESENTATIONS ON THE BRITISH NATIONALITY ACT 1981 (REMEDIAL) ORDER 2019 Introduction 1. -
12730 Analysis of Law in UK BRX:Layout 1
Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Prepared for the British Red Cross by The views expressed in the report are those of the authors and do not necessarily reflect the views of the British Red Cross. This report is part of a wider study on cross-border disaster assistance within the EU, carried out in conjunction with five other European National Societies, under the overall co-ordination of the International Federation of Red Cross and Red Crescent Societies. The wider project received funding from the European Commission, who bear no responsibility for the content or use of the information contained in this report. Front cover photograph © Layton Thompson/British Red Cross Flood relief measures in Oxford, 25 July 2007 Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Foreword The United Kingdom is in the fortunate position of Fisher (International Federation of Red Cross and Red being less susceptible to large-scale natural disasters Crescent Societies), Mr Tim Gordon (HMRC), Mr than many other countries. Even so, and as recent Gordon MacMillan (Hanover Associates UK), Mr Roy years have shown, our territory may still be subject to Wilshire (Chief Fire Officer, Hertfordshire County) such emergencies as flooding, and the effects of severe and Ms Moya Wood-Heath (British Red Cross). winter weather. We also wish to thank the authors of this report, The purpose of this study, commissioned by the British Justine Stefanelli and Sarah Williams of the British Red Cross, is to examine the extent to which the legal, Institute of International and Comparative Law, administrative and operational framework for disaster who were assisted by Katharine Everett, Frances response within the UK is able to facilitate potential McClenaghan, Hidenori Takai and Payam Yoseflavi. -
Defamation Act 2013 Is up to Date with All Changes Known to Be in Force on Or Before 05 September 2021
Changes to legislation: Defamation Act 2013 is up to date with all changes known to be in force on or before 05 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Defamation Act 2013 2013 CHAPTER 26 An Act to amend the law of defamation. [25th April 2013] 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:— Requirement of serious harm 1 Serious harm (1) A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant. (2) For the purposes of this section, harm to the reputation of a body that trades for profit is not “serious harm” unless it has caused or is likely to cause the body serious financial loss. Commencement Information I1 S. 1 in force at 1.1.2014 by S.I. 2013/3027, art. 2 Defences 2 Truth (1) It is a defence to an action for defamation for the defendant to show that the imputation conveyed by the statement complained of is substantially true. (2) Subsection (3) applies in an action for defamation if the statement complained of conveys two or more distinct imputations. 2 Defamation Act 2013 (c. 26) Document Generated: 2021-09-05 Changes to legislation: Defamation Act 2013 is up to date with all changes known to be in force on or before 05 September 2021. -
Rethinking Sullivan: New Approaches in Australia, New Zealand and England
The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 2002 Rethinking Sullivan: New Approaches in Australia, New Zealand and England Susanna Frederick Fischer The Catholic University, Columbus School of Law Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Constitutional Law Commons, and the Torts Commons Recommended Citation Susanna Frederick Fischer, Rethinking Sullivan: New Approaches in Australia, New Zealand and England, 34 GEO. WASH. INT’L L. REV. 101 (2002). This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. RETHINKING SULLIVAN: NEW APPROACHES IN AUSTRALIA, NEW ZEALAND, AND ENGLAND SUSANNA FREDERICK FISCHER* "This is a difficult problem. No answer is perfect." - Lord Nicholls of Birkenhead in Reynolds v. Times Newspapers1 SUMMARY This Article employs a comparative analysis of some important recent Commonwealth libel cases to analyze what has gone wrong with U.S. defa- mation law since New York Times v. Sullivan and to suggest a new direc- tion for its reform. In Lange v. Australian Broadcasting Corporation, Lange v. Atkinson, and Reynolds v. Times Newspapers, the highest courts of the Australian, New Zealand, and English legal systems were con- fronted with the same challengefaced by the U.S. Supreme Court in New York Times v. Sullivan. They had to decide the proper constitutionalbal- ance between protection of reputation and protection of free expression in defamation actions brought by public officials over statements of fact. -
An Opportunity Lost: the United Kingdom's Failed Reform of Defamation Law
Federal Communications Law Journal Volume 49 Issue 3 Article 4 4-1997 An Opportunity Lost: The United Kingdom's Failed Reform of Defamation Law Douglas W. Vick University of Stirling Linda Macpherson Heriot-Watt University Follow this and additional works at: https://www.repository.law.indiana.edu/fclj Part of the Communications Law Commons, and the European Law Commons Recommended Citation Vick, Douglas W. and Macpherson, Linda (1997) "An Opportunity Lost: The United Kingdom's Failed Reform of Defamation Law," Federal Communications Law Journal: Vol. 49 : Iss. 3 , Article 4. Available at: https://www.repository.law.indiana.edu/fclj/vol49/iss3/4 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Federal Communications Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. An Opportunity Lost: The United Kingdom's Failed Reform of Defamation Law Douglas W. Vick* Linda Macpherson** INTRODUCTION ..................................... 621 I. BACKGROUND OF THE ACT ....................... 624 I. THE DEFAMATION ACT 1996 ...................... 629 A. The New Defenses ......................... 630 B. The ProceduralReforms ..................... 636 C. Waiving ParliamentaryPrivilege ............... 643 III. AN OPPORTUNITY LOST ......................... 646 CONCLUSION ....................................... 652 INTRODUCTION The law of defamation in the United Kingdom remains -
Internet Intermediary Liability in Defamation: Proposals for Statutory Reform
INTERNET INTERMEDIARY LIABILITY IN DEFAMATION: PROPOSALS FOR STATUTORY REFORM Defamation Law in the Internet Age July 2017 Commissioned by the Law Commission of Ontario Prepared by Emily Laidlaw, Ph.D., Associate Professor, University of Calgary Faculty of Law Hilary Young, Ph.D., Associate Professor, University of New Brunswick, Faculty of Law The LCO commissioned this paper to provide background research for its Defamation Law in the Internet Age project. The views expressed in this paper do not necessarily reflect the views of the LCO. Internet Intermediary Liability in Defamation: Proposals for Statutory Reform Emily Laidlaw, Ph.D., Associate Professor, University of Calgary Faculty of Law Hilary Young, Ph.D., Associate Professor, University of New Brunswick Faculty of Law Table of Contents I. INTRODUCTION ..………………………………………………………………………….. ……………………………………. 1 II. THE COMMON LAW OF PUBLICATION IN DEFAMATION ……….…………………………………….……….. 3 A. Introduction to Publication ……………………………………………………………………………….……… 3 B. Innocent Dissemination ………………………………………………………………………………………..…. 4 C. Publication by Omission……………………………………………………………………………………………..7 D. Conclusion on the common law of publication ………………..…………………………………..….. 9 III. THE LAW OF PUBLICATION AS APPLIED TO INTERNET INTERMEDIARIES ………..…..…………….. 10 A. Introduction ..…………………………………………………………………………………………………………. 10 B. The Common Law ………………………………………………………………………………………………….. 11 1. United States ………………………………………………………………………………………….…. 11 2. United Kingdom …………………………………………………………………………………………..14 3. Australia -
Public Person Libel Standards in the British Commonwealth Caribbean Versus the United States
PUBLIC PERSON LIBEL STANDARDS IN THE BRITISH COMMONWEALTH CARIBBEAN VERSUS THE UNITED STATES By ROXANNE SABRINA WATSON A DISSERTATION PRESENTED TO THE GRADUATE SCHOOL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY UNIVERSITY OF FLORIDA 2006 Copyright 2006 by Roxanne Sabrina Watson To my parents, Sybil and Earle Watson, with gratitude for your love and support ACKNOWLEDGMENTS I would like to thank my supervisory committee chair, Dr. Bill Chamberlin, for his support and guidance over the past four years and also for his patience in working with me in what has turned out to be a very large and involved dissertation. I also want to thank my other supervisory committee members—professors Laurence Alexander, Lisa Duke, David Geggus, and John Wright. I know that without the efforts of each in his or her specific area of expertise, this dissertation would not be possible. I want to thank my parents, Sybil and Earle Watson, for emotional and spiritual encouragement throughout the dissertation process, and for listening to my desperate outbursts and frustrations on a daily basis and keeping me focused on God. Thanks also go to my sister, Kerry Hendricks, for her spiritual encouragement and for her presence when I most needed someone to drive four hours with me to Georgia and back. Thanks also go to my brother, Huntley Watson, for moral support and encouragement. I would also like to acknowledge Eyun-Jung Ki, my dissertation friend with whom I shared many frustrations and triumphs as we waded through the process together. -
Post-Legislative Memorandum: the Defamation Act 2013
Post-Legislative Memorandum: The Defamation Act 2013 October 2019 CP 180 Post-Legislative Memorandum: The Defamation Act 2013 Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty October 2019 CP 180 © Crown copyright 2019 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 Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at https://www.gov.uk/official-documents Any enquiries regarding this publication should be sent to us at Civil Law Policy Team Civil Justice and Law Division, Post Point 10.18 Ministry of Justice 102 Petty France London SW1H 9AJ [email protected] . ISBN 978-1-5286-1634-8 CCS1019227570 10/19 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office Post-Legislative Memorandum: The Defamation Act 2013 Contents Introduction 3 Objectives 3 Background 3 Summary of Changes made by the Act 4 Implementation 6 Secondary Legislation 6 Legal Issues 6 Other Reviews 6 Preliminary Assessment of the Act 7 1 Post-Legislative Memorandum: The Defamation Act 2013 2 Post-Legislative Memorandum: The Defamation Act 2013 Introduction 1. This post-legislative memorandum is being published as part of the post- legislative scrutiny process set out in Cm 7320, and is being submitted in the first instance to the Justice Select Committee.