Scheme of Delegation
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Law and Constitution
Commission on Justice in Wales: Supplementary evidence of the Welsh Government to the Commission on Justice in Wales Contents Law and the Constitution 1 History and evolution 1 Problems operating Part 4 of the Government of Wales Act from 2011 onwards 4 Draft Wales Bill (2015) 7 Wales Act 2017 9 Accessibility of the law in Wales (and England) 10 Government and Laws in Wales Bill 12 Implications of creating a Welsh legal jurisdiction 15 Conclusion 18 Mae’r ddogfen yma hefyd ar gael yn Gymraeg. This document is also available in Welsh. © Crown copyright 2018 2 | Supplementary evidence of the WelshWG35635 Government Digital to ISBN the 978-1-78937-837-5 Commission on Justice in Wales Law and the Constitution 1. This paper is supplementary to the Welsh on designing a system of government that is the Government’s submission of 4 June 2018. most effective and produces the best outcomes for It focusses specifically on the law and the legal the people of Wales. Instead we have constitutional jurisdiction and its impact on government in Wales. arrangements which are often complex, confusing It also considers the potential impact of creating and incoherent. a Welsh legal jurisdiction and devolving the justice 5. One of the key junctures came in 2005 with system on the legal professions in Wales. the proposal to create what was to become a fully 2. The paper explores the incremental and fledged legislature for Wales. The advent of full piecemeal way in which Wales’ current system law making powers was a seminal moment and of devolved government has developed. -
Government Chemist Legislation
Government Chemist legislation Annual statement of statutory scope January 2016 LGC/R/2016/439 Government Chemist legislation Annual statement of statutory scope January 2016 Prepared by: Nick Boley Contact Points: Nick Boley Tel: 020 8943 7311 Michael Walker Tel: 07738 179 985 LGC/R/2016/439 © LGC Limited 2016 Contents 1. Summary 1 2. Introduction 1 2.1 Inputs 2 2.2 Document outline 3 3. Referee analysis 3 3.1 Food Safety Act 1990 4 3.2 Agriculture Act 1970 23 3.3 Medicines Act 1968 38 3.4 Farm and Garden Chemicals Act 1967 40 4. Authorised analysis 47 4.1 Hydrocarbon Oil Duties Act 1979 47 5. Expert advice 48 5.1 Poisons Act 1972 48 5.2 Merchant Shipping Act 1995 49 6. Framework legislation 51 6.1 General 51 6.2 Scotland 51 6.3 Northern Ireland 52 6.4 Commonwealth 53 7. Conclusion 53 LGC/R/2016/439 Page i 1. Summary The Government Chemist currently has specific statutory functions under seven Acts of the UK Parliament. This statement is an updated record of legislation that is now in force and names the Government Chemist, or relates to the way in which the Government Chemist needs to exercise these functions. For ease of reference, Table 1 lists the main changes to the statement since the last update in January 2015. Table 1: Main changes to this paper since the January 2015 version Legislation Section Change Food 3.1.5 Country of Origin of Meats 3.1.7 New Natural Mineral Water, Spring Water and Bottled Drinking Water for the 4 home countries Agriculture - The Animal Feed (Hygiene, Sampling etc. -
The Pharmacy Order 2010
SI 2010/231 Page 1 2010 No. 231 HEALTH CARE AND ASSOCIATED PROFESSIONS The Pharmacy Order 2010 Thomson Reuters (Legal) Limited. UK Statutory Instruments Crown Copyright. Reproduced by permission of the Controller of Her Majesty's Stationery Office. Made 10th February 2010 Coming into force in accordance with article 1 At the Court at Buckingham Palace, the 10th day of February 2010 Present, The Queen's Most Excellent Majesty in Council This Order in Council is made in exercise of the powers conferred by sections 60 and 62(4) and (4A) of, and Schedule 3 to, the Health Act 19991 as read with paragraph 1A of Schedule 2 to the European Communities Act 19722 . This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to Her Majesty, with the advice of Her Privy Council, that it is necessary for the reference to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications3 to be construed as a reference to that Directive as amended from time to time. The Secretary of State and the Scottish Ministers published a draft Order and invited representations as required by paragraph 9(1) and (3) of Schedule 3 to the Health Act 1999. The period of three months mentioned in paragraph 9(4) of that Schedule expired before a draft of this Order in Council was laid before Parliament and the Scottish Parliament. A draft of this Order in Council has been approved by resolution of each House of Parliament and the Scottish Parliament in accordance with section 62(10) of the Health Act 1999. -
A Critical Evaluation of the Rights, Status and Capacity of Distinct Categories of Individuals in Underdeveloped and Emerging Areas of Law
A Critical Evaluation of the Rights, Status and Capacity of Distinct Categories of Individuals in Underdeveloped and Emerging Areas of Law Lesley-Anne Barnes Macfarlane LLB (Hons), Dip LP, PGCE, LLM A thesis submitted in partial fulfilment of the requirements of Edinburgh Napier University, for the award of Doctor of Philosophy May 2014 1 Acknowledgements I would like to express my sincere gratitude to my supervisors, Dr Richard Whitecross and Dr Sandra Watson, for giving me their time, guidance and assistance in the writing up of my PhD Critical Appraisal of published works. I am indebted to my parents, Irene and Dennis, for a lifetime of love and support. Many thanks are also due to my family and friends for their ongoing care and companionship. In particular, I am very grateful to Professors Elaine E Sutherland and John P Grant for reading through and commenting on my section on Traditional Legal Research Methods. My deepest thanks are owed to my husband, Ross, who never fails in his love, encouragement and practical kindness. I confirm that the published work submitted has not been submitted for another award. ………………………………………… Lesley-Anne Barnes Macfarlane Citations and references have been drafted with reference to the University’s Research Degree Reference Guide 2 CONTENTS VOLUME I Abstract: PhD by Published Works Page 8 List of Evidence in Support of Thesis Page 9 Thesis Introduction Page 10 (I) An Era of Change in the Individual’s Rights, Status and Capacity in Scots Law (II) Conceptual Framework of Critical Analysis: Rights, -
Poisons Act 1972 CHAPTER 66 ARRANGEMENT of SECTIONS
Poisons Act 1972 CHAPTER 66 ARRANGEMENT OF SECTIONS Section 1. Poisons Board. 2. Poisons List. 3. Regulation of sale of poisons. 4. Exclusion of sales by wholesale and certain other sales. 5. Lists of persons entitled to sell poisons in Part II of Poisons List. 6. Supplementary provisions as to local authorities' lists. 7. Poisons Rules. 8. Penalties. 9. Inspection and enforcement. 10. Orders and rules. 11. Interpretation. 12. Repeals and consequential provisions. 13. Commencement and transitional provisions. 14. Short title and extent. SCHEDULES : Schedule 1-Constitution of Poisons Board. Schedule 2-Enactments repealed. c. 66 1 ELIZABETH II Poisons Act 1972 1972 CHAPTER 66 An Act to consolidate certain enactments relating to A.D. 1972 poisons. [9th August 1972] 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 :- L---(1) There shall continue to be an advisory committee, poisons called the Poisons Board, which shall be constituted in accord- Board. ance with the provisions of Schedule 1 to this Act. (2) The procedure of the Poisons Board shall (subject to any regulations made by the Board with the approval of the Secre- tary of State) be such as the Board may determine. 2.-(1) The list of substances treated as poisons for the Poisons List. purposes of the Pharmacy and Poisons Act 1933 shall continue 1933 c. 25, to have effect for the purposes of this Act. (2) The Secretary of State may from time to time, after con- sultation with or on the recommendation of the Poisons Board, by order amend or vary the list referred to in subsection (1) above as he thinks proper ; and in this Act the list as in force for the time being is referred to as " the Poisons List ". -
Public Services Reform (Scotland) Act 2010 Is up to Date with All Changes Known to Be in Force on Or Before 20 September 2021
Changes to legislation: Public Services Reform (Scotland) Act 2010 is up to date with all changes known to be in force on or before 20 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 Public Services Reform (Scotland) Act 2010 2010 asp 8 PART 1 SIMPLIFICATION OF PUBLIC BODIES Transfer of functions 1 Transfer to Scottish Natural Heritage of functions of Deer Commission for Scotland (1) The functions conferred on the Deer Commission for Scotland by or under the Deer (Scotland) Act 1996 (c. 58) or any other enactment are transferred to Scottish Natural Heritage. (2) All property, rights, liabilities and obligations of the Deer Commission for Scotland are transferred to Scottish Natural Heritage. (3) The Deer Commission for Scotland is dissolved. (4) Anything done by or in relation to the Deer Commission for Scotland has effect, in relation to any time after this section comes into force, as if done by or in relation to Scottish Natural Heritage. (5) Schedule 1 (which makes modifications of enactments in consequence of this section) has effect. Commencement Information I1 S. 1 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch. 2 Public Services Reform (Scotland) Act 2010 asp 8 Part 1 – Simplification of public bodies Document Generated: 2021-09-20 Changes to legislation: Public Services Reform (Scotland) Act 2010 is up to date with all changes known to be in force on or before 20 September 2021. -
Devolution, Debate and Change: Changing the UK’S Constitutional Settlements Carol Howells and Edwin Parks
Chapter 2 Devolution, debate and change: Changing the UK’s constitutional settlements Carol Howells and Edwin Parks Abstract Devolution has been ‘a process not an event’ resulting in new constitutional settlements . This chapter covers the processes of devolution, processes which mirror the first 50 years of the Open University and the first 22 years of the OU Law School. The chapter explores the devolution of powers to parliaments in Scotland and Wales. It begins with the referendums of the early 1970s and traces events leading up to both the initial transfer of powers and those resulting in subsequent transfer of powers. The process has not been without its critics and the use of differing models helped create complexity re-enforcing historical legacies. Devolution created new legal orders and challenged accepted traditional constitutional theory. The story is not yet over. 1. Introduction The establishment of The Open University (OU) in 1969 changed the landscape of higher education in the United Kingdom (UK). Its mission of being ‘Open to people, places, methods and ideas’1 and its promotion of social justice through high quality education2 has challenged thinking around educational practices. In the 50 years since it was established it has transformed the lives of many through its work and partnerships. It has students in over 90% of UK postcodes3 and continues to hold a unique position within the UK’s Higher Education sector working across, and receiving funding from, all four UK nations. In celebrating its 50th anniversary its Vice Chancellor expressed pride in being the UK’s only four nations university.4 During the OU’s 50-year history there have been significant changes and challenges within the higher education landscape. -
Fourteenth Report: Draft Statute Law Repeals Bill
The Law Commission and The Scottish Law Commission (LAW COM. No. 211) (SCOT. LAW COM. No. 140) STATUTE LAW REVISION: FOURTEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command of Her Majesty April 1993 LONDON: HMSO E17.85 net Cm 2176 The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the Law. The Law Commissioners are- The Honourable Mr. Justice Brooke, Chairman Mr Trevor M. Aldridge, Q.C. Mr Jack Beatson Mr Richard Buxton, Q.C. Professor Brenda Hoggett, Q.C. The Secretary of the Law Commission is Mr Michael Collon. Its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. The Scottish Law Commissioners are- The Honourable Lord Davidson, Chairman .. Dr E.M. Clive Professor P.N. Love, C.B.E. Sheriff I.D.Macphail, Q.C. Mr W.A. Nimmo Smith, Q.C. The Secretary of the Scottish Law Commission is Mr K.F. Barclay. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. .. 11 THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION STATUTE LAW REVISION: FOURTEENTH REPORT Draft Statute Law (Repeals) Bill To the Right Honourable the Lord Mackay of Clashfern, Lord High Chancellor of Great Britain, and the Right Honourable the Lord Rodger of Earlsferry, Q.C., Her Majesty's Advocate. In pursuance of section 3(l)(d) of the Law Commissions Act 1965, we have prepared the draft Bill which is Appendix 1 and recommend that effect be given to the proposals contained in it. -
House of Lords Official Report
Vol. 760 Wednesday No. 112 4 March 2015 PARLIAMENTARY DEBATES (HANSARD) HOUSE OF LORDS OFFICIAL REPORT ORDER OF BUSINESS Questions Legislative Scrutiny: Digitalisation ....................................................................................................................................................211 Sudan: Bombardment of Civilians ..................................................................................................................................................213 Regulatory Agencies: Monitoring......................................................................................................................................................216 Defence Budget ...................................................................................................................................................................................217 National Minimum Wage Regulations 2015........................................................................................................................................220 Groceries Code Adjudicator (Permitted Maximum Financial Penalty) Order 2015 ....................................................................220 Electronic Commerce Directive (Financial Services and Markets) (Amendment) Order 2015 ..................................................221 Financial Services and Markets Act 2000 (Miscellaneous Provisions) Order 2015....................................................................221 Financial Services and Markets Act 2000 (Banking Reform) (Pensions) -
Brexit and Parliamentary Sovereignty Keith Ewing∗
bs_bs_banner Brexit and Parliamentary Sovereignty Keith Ewing∗ This note addresses the implications of R (Miller) v Secretary of State for Exiting the European Union for the legal principle of parliamentary sovereignty, and argues that the strong restatement of the latter is the most significant feature of the decision. The aim here is to show how traditional principle in the Dicey tradition has been strongly applied against the competing claims of EU law, the royal prerogative, the referendum and devolution. However, the note also argues that the claims relating to parliamentary sovereignty could have produced a different result and that the most compelling feature of the case was the argument that was not forcefully put by the Government, namely that Parliament had already provided sufficient authority for the triggering of Article 50. INTRODUCTION On 23 June 2016 the people of the United Kingdom and Gibraltar voted to leave the European Union. The Brexiters won by a slim majority (51.89 per cent to 48.11 per cent) on a 72 per cent turnout, and they lost comprehensively in Scotland and Northern Ireland. The Brexiters nevertheless claimed that the Government had a mandate to trigger Article 50 of the Treaty on European Union (TEU) and to do so legally with prerogative power (and without parlia- mentary approval), a claim perhaps reinforced politically by the Conservative Party election manifesto in 2015.1 The latter had set in train the referendum process accompanied by a promise that the Conservatives if elected would re- spect the result, evidently not expecting the outcome delivered. The problem, however, is that the European Union Referendum Act 2015 was silent on the legal effects of the vote, perhaps reflecting the confidence of all concerned that the Brexiters would fail. -
Report of the Independent Commission on Referendums
Report of the Independent Commission on Referendums INDEPENDENT COMMISSION ON July 2018 REFERENDUMS ISBN: 978-1-903903- 83-4 Published by the Constitution Unit School of Public Policy University College London 29-31 Tavistock Square London WC1H 9QU Tel: 020 7679 4977 Email: [email protected] Web: www.ucl.ac.uk/constitution-unit ©The Constitution Unit, UCL July 2018 This report is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, hired out or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser. First Published July 2018 1 Report of the Independent Commission on Referendums INDEPENDENT COMMISSION ON REFERENDUMS 2 Report of the Independent Commission on Referendums 3 Contents Lists of Tables, Figures and Boxes 4 Foreword 5 Commission members 6 Commission Secretariat 8 Executive Summary 9 Introduction 13 Part 1: Background Chapter 1 – The Use of Referendums Worldwide 19 Chapter 2 – The Use of Referendums in the UK 31 Chapter 3 – Regulating Referendums: History and Debates 47 Part 2: The Role of Referendums in Democracy Chapter 4 – Referendums and Democracy 57 Chapter 5 – Calling Referendums 71 Chapter 6 – Legislating for a Referendum 81 Chapter 7 – Preparation for a Referendum 90 Chapter 8 – The Referendum Question 101 Chapter 9 – Thresholds and Other Safeguards 110 Part 3: The Regulation of Referendum Campaigns Chapter 10 – The Role of Government in Referendum Campaigns 123 Chapter 11 – Lead Campaigners 134 Chapter 12 – Campaign Finance 145 Chapter 13 – Quality of Discourse 159 Chapter 14 – Regulation of Online Campaigning 178 Part 4: Implementation Chapter 15 – Implementing the Commission’s Recommendations 192 Conclusions and Recommendations 201 Appendix: List of Responses to Expert Consultation 210 Reference list 211 4 Report of the Independent Commission on Referendums List of Tables, Figures and Boxes LIST OF FIGURES LIST OF BOXES 1.1. -
The Devolution Referendum Campaign of 1979
4 THE DEVOLUTION REFERENDUM CAMPAIGN OF 1979 RAY PERMAN The Financial Times No one can now deny that the Scottish referendum on devolution, held on March 1, 1979, was a significant poli·tical event. On that day Scottish voters were asked "Do you want the provisions of the Scotland Act 1978 to be put into effect?" 1,230.937 voted "Yes", 1,153,502 voted "No" and 1,362,783 did not vote all (more detailed results are given in the reference section). This indecisive result led within a month to the defeat of the Labour Government in a vote of confidence in the House of Commons - the first such defeat for fifty years - and a General Election. So we can expect the referendum campaign to attract continuing interest from poJi,tical scientists and historians, and this will certainly be a good thing. It is still too early to take an objective view of why the campaign developed the way it did and why the Scottish people, who had apparently been heavily committed to seeing some form of legislative Assembly being set up in Edinburgh, did not turn out to vote in sufficient numbers to ensure that thei!l" wishes were fulfilled. I make this qualification at the beginning of this chapter because, although I shall attempt to be impartial and in fact took no part in either side in the campaign, what I wr~te must necessarily be subjective if it is to be anything more than a meaningless rehearsal of speeches and handouts. Some of my conclusions have already been published in articles in The Financial Times and have been challenged, notably by Mr Adam Ferguson of the "Scotland Says No" organisation (The Daily Telegraph, March 11, 1979).