A List of Some Uk Laws “Indexed”
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59 |
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61 |
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33 |
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40 |
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C |
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06 |
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62 |
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63 |
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76 |
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77 |
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79 |
Criminal Justice and Public Order Act 1994 = “Raves Bill Act 1994!” |
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56 |
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24 |
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30 |
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136 |
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122 |
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137 |
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27 |
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12 |
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15 |
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001 |
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45 |
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57 |
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82 |
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123 |
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124 |
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83 |
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13 |
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22 |
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140 |
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36 |
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03 |
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46 |
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84 |
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32 |
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85 |
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86 |
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58 |
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87 |
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000 |
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L |
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44 |
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88 |
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55 |
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49 |
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124 |
Lease holds Reforms Act 1967, as amended by the common hold and Leasehold Reform Act 2002 |
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34 |
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10 |
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50 |
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M |
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89 |
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43 |
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138 |
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90 |
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91 |
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92 |
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93 |
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94 |
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95 |
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N |
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O |
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96 |
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125 |
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97 |
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53 |
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P |
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31 |
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133 |
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134 |
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48 |
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107 |
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35 |
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109 |
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28 |
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29 |
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98 |
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02 |
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100 |
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19 |
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54 |
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26 |
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139 |
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102 |
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103 |
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104 |
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126 |
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106 |
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25 |
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U |
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R |
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111 |
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38 |
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132 |
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113 |
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114 |
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23 |
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116 |
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127 |
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128 |
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S |
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01 |
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117 |
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39 |
Stalking Act 1997 = Protection from Harassment Act 1997 + Protection of Freedoms Act 2012 |
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11 |
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118 |
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119 |
Supreme Court Act 1981 |
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119 |
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120 |
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130 |
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51 |
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41 |
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131 |
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42 |
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221 |
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V |
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W |
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X |
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Y |
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END |
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A
Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Access to Justice Act 1999 |
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Issues |
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Web |
http://www.legislation.gov.uk/ukpga/1999/22/contents
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Notes |
Access to Justice Act 1999 is an Act of the Parliament of the United Kingdom. It replaced the legal aid system in England and Wales. ... The Act put a cap on the amount spent on civil legal aid. The use of conditional fee agreements, commonly known as "no-win no-fee", was extended to most civil court cases. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
Administration of Justice Act 1982 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1982/53/contents
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Notes |
The administration of justice is the process by which the legal system of a government is executed. ... The phrase is also used commonly to describe a University degree (as in: a BA in Administration of Justice), which can be a prerequisite for a job in law enforcement or government. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Anti-Terrorism, Crime and Security Act 2001 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/2001/24/contents
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Notes |
The Anti-terrorism, Crime and Security Act 2001 is an Act of Parliament of the United Kingdom, formally introduced into Parliament on 19 November 2001, two months after the terrorist attacks in the United States on 11 September. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Arbitration Act 1996 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1996/23/contents
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Notes |
The Deminer is the use of an arbitrator to settle a dispute. Arbitration Act 1996. ... The Arbitration Act 1996 (c 23) is an Act of Parliament which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland. The 1996 Act only applies to parts of the United Kingdom. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Assault / Offences Against the Person Act 1861 |
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Issues |
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Web |
http://www.legislation.gov.uk/ukpga/Vict/24-25/100/contents
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Notes |
Common assault was an offence under the common law of England and has been held now to be a statutory offence in the United Kingdom of Great Britain and Northern Ireland. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant
Assault Causing Grievous Bodily Harm. The Criminal Code in the ACT defines grievous bodily harm as the infliction of any serious bodily injury through an unlawful or negligent act. At a minimum, an act of this nature generally involves causing disability, disfigurement, disease or injury to/loss of a pregnancy. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Attempted Manslaughter Act 1967 |
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Issues |
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Web |
http://www.legislation.gov.uk/ukpga/1981/47
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Notes |
An attempted killing that would otherwise be attempted murder is. reduced to attempted voluntary manslaughter if the defendant. attempted to kill someone because of a sudden quarrel or in the heat of. passion. The defendant attempted to kill someone because of a sudden quarrel. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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B
Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Breach of Trust Act 1873 |
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Issues |
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Web |
https://en.wikipedia.org/wiki/English_trust_law
Trustee Act 2000 https://www.legislation.gov.uk/ukpga/2000/29
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Notes |
English trust law concerns the creation and protection of asset funds, which are usually held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, but also share a history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts were mostly used where people left money in a will, created family settlements, created charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investments, especially in unit trusts and pension trusts, where trustees and fund managers usually invest assets for people who wish to save for retirement. Although people are generally free to write trusts in any way they like, an increasing number of statutes are designed to protect beneficiaries, or regulate the trust relationship, including the Trustee Act 1925, Trustee Investments Act 1961, Recognition of Trusts Act 1987, Financial Services and Markets Act 2000, Trustee Act 2000, Pensions Act 1995, Pensions Act 2004 and the Charities Act 2011. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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C
Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Care Act 2014 |
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Issues |
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Web |
http://www.legislation.gov.uk/ukpga/2014/23/contents/enacted
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Notes |
The Care Act: assessment and eligibility. The Care Act 2014 sets out in one place, local authorities' duties in relation to assessing people's needs and their eligibility for publicly funded care and support. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Children's Act 1908 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/Edw7/8/67/contents/enacted
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Notes |
The 1908 Children's Act, also known as Children and Young Persons Act, part of the Children's Charter was a piece of government legislation passed by the Liberal government, as part of the British Liberal Party's liberal reforms package. ... Instead the Children's Charter had allocated Borstals. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Child protection Act 1933 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/Geo5/23-24/12/contents
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Notes |
Revised text of statute as amended. The Children Act 1989 allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Child protection Act 1989 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1989/41/contents
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Notes |
Child neglect is defined as a type of maltreatment related to the failure to provide needed, age-appropriate care. Unlike physical and sexual abuse, neglect is usually typified by an ongoing pattern of inadequate care and is readily observed by individuals in close contact with the child.
The Child protection Act 1989, Section 27 requires authorities to assist in the protection of children.
Section 46 of the Children Act allows for a police officer to remove a child from a parent (i.e. without an order) for a period of up to 72 hours. [Most professionals call this removal under police protection a PPO, in echoes of an EPO, but it is not actually an Order].
A Section 47 enquiry means that CSC must carry out an investigation when they have 'reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm'1. ... The aim is to decide whether any action should be taken to safeguard the child.
Under Section 17(1) of the Children Act 1989, local authorities have a general duty to safeguard and promote the welfare of children within their area who are In Need; and so far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Children's Act 2004 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/2004/31/contents
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Notes |
The Children Act 2004 states that the interests of children and young people are paramount in all considerations of welfare and safeguarding and that safe guarding children is everyone's responsibility. ... The Children Act provides a legislative spine for the wider strategy for improving children's lives. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Children's Act 2006 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/2006/21
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Notes |
2006 CHAPTER 21. An Act to make provision about the powers and duties of local authorities and. other bodies in England in relation to the improvement of the well-being of. young children; to make provision about the powers and duties of local. authorities in England and Wales in relation to the provision of childcare ...
A Section 7 Report is a report written by an Independent Social Worker in cases where an application has been made to the Court in accordance with The Children Act 1989 section 8. An Independent Social Worker provides an independent evaluation and assessment of a situation and reports the findings to the Court.
Section 31 of the Children Act 1989 – Care Order. The court can create a care order under Section 31(1) (a) of the Children Act, placing a child in the care of a designated local authority, with parental responsibility being shared between the parents and the local authority.
Measures in the act formalise the important strategic role local authorities play through a set of new duties. These duties will require authorities to: Improve the five Every Child Matters outcome for all pre-school children and reduce inequalities in these outcomes. Secure sufficient childcare for working parents. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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City of London Police Act 1839 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/Vict/2-3/47/contents
https://api.parliament.uk/historic-hansard/acts/city-of-london-police-act-1839
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Notes |
188 Section 9H concerns the ranks that may be held in the Metropolitan Police. ... 191 The City of London Police Act 1839 ("the 1839 Act") makes provision for the City of London Police. Section 3 of that Act empowers the Common Council to appoint a Commissioner of the City of London Police. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Civil Evidence Act 1968 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1968/64/contents
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Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Criminal Justice Act 1967 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1967/80
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Notes |
Sch -- “Misconduct” S -- “Misconduct” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Criminal Justice Act 1988 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1988/33/contents
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Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Criminal Justice and Public Order Act 1994 “Raves Bill Act 1994!” |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1994/33/contents
The Criminal Justice and Public Order Act 1994 https://en.wikipedia.org/wiki/Criminal_Justice_and_Public_Order_Act_1994
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Notes |
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Criminal Justice and Police Act 2001 |
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Issues |
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Web |
http://www.legislation.gov.uk/ukpga/2001/16/contents
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Notes |
The Criminal Justice and Police Act 2001 is an Act of the Parliament of the United Kingdom which gave extra powers to the police, with the to tackle crime and disorder more effectively. Key provisions include the introduction of on-the-spot penalties for disorderly behaviour, restrictions on alcohol consumption in public places and the creation of a new criminal offence for protesting outside someone's house in an intimidating manner Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Criminal damage Act 1971 |
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The standard scale of fines for summary offences. E+W |
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1. Level of the Scale |
Amount of fine |
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2 |
£500 |
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3 |
£1,000 |
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4 |
£2,500 |
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5 |
£5,000 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1971/48/contents
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Notes |
The Legal Definition of Criminal Damage A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.
Defaced or damaged property of another person. Tampered with another person's property so it substantially to impair its function or value.
In relation to some indictable offences, for example criminal damage, only summary trial is available unless the damage caused exceeds £5,000. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Crime and Courts Act 2013 |
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Issues |
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Web |
http://www.legislation.gov.uk/ukpga/2013/22/contents/enacted
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Notes |
The Crime and Courts Act 2013 (c. 22) is an Act of Parliament of the Parliament of the United Kingdom introduced to the House of Lords in May 2012.
Its main purpose is to create the United Kingdom National Crime Agency which replaced the Serious Organised Crime Agency.
Part 2 of the Act relaxes the rules on filming court proceedings under controlled circumstances and amends the rules on 'self-defence'.
It also enacts changes to press regulation in response to the Leveson Inquiry into the ethics and behaviour of the media. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Companies Act 1985 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1985/6/contents
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Notes |
The Companies Act 1985 (c.6) is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland, enacted in 1985, which enabled companies to be formed by registration, and set out the responsibilities of companies, their directors and secretaries. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Company Directors Disqualification Act 1986, s.2. |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1986/46/contents
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Notes |
The purpose of this disqualification is to remove from a person the privilege of operating with limited liability, in order to protect the public from dishonest operations of companies that are a danger to creditors and to others. The court may make a disqualification order if the offender has been convicted of any indictable offence committed in connection with the promotion, formation, management or liquidation of a company, or with the receivership of the company’s property. "Connection with" does not require the offending to take place within the company, rather the offender's status at a company and the offence itself must be related to a company. The defendant does not need to have been a director, shadow director or de facto director of the company. The offence does not need to involve misconduct of a company's affairs or dishonesty. The court does not need to find that the individual is unfit to act as a company director. There is no statutory minimum period of disqualification for an order made by the criminal courts. (There is a minimum disqualification period of two years for disqualification orders in the civil court). However, the maximum period of disqualification is 15 years in the Crown Court and 5 years when imposed in the magistrates' courts. Guidance on the length of the disqualification was given by the Court of Appeal in Re Sevenoaks Stationers (Retail) Ltd [1991] Ch 164 as follows: 10 years and above for particularly serious cases, such as where a second period of disqualification is appropriate or there is widespread fraud; 6-10 years for serious cases which do not merit the top bracket; 2-5 years where the case is relatively not very serious, such as involving a short period of offending with little/no harm caused to creditors. The PSD should make reference to the power to disqualify in relevant cases, and the court should be made aware of the power to disqualify on conviction. Where the sentence on a defendant includes an order under section 2 of the Company Directors Disqualification Act 1986, Companies House must be notified of the order. This is the immediate responsibility of the Crown Court making the order, but it would appear that it is not always being done and Companies House has asked that the prosecutor notifies them too. This may be done using the Directors Disqualification Notification Form. Breach of a disqualification order or undertaking is an either way offence under section 13 of the Company Directors Disqualification Act 1986. The maximum sentences are: Magistrates' Court: six months' imprisonment and/or a fine to the statutory maximum; Crown Court: two years' imprisonment and/or a fine. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Act of Law |
Date of Problem |
If Breached Mark |
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Common Law Procedure Act 1854 |
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Web |
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Notes |
1854 CHAPTER 125. An Act for the further Amendment of the Process, Practice, and Mode of Pleading in and enlarging the Jurisdiction of the Superior Courts of Common Law at Westminster, and of the Superior Courts of Common Law of the Counties Palatine of Lancaster and Durham. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Copy Right Design and Patents Act 1988 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1988/48/contents
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Notes |
The Copyright, Designs and Patents Act 1988, is the current UK copyright law. It gives the creators of literary, dramatic, musical and artistic works the right to control the ways in which their material may be used. ... Normally the individual or collective who authored the work will exclusively own the rights. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
Consumer Rights Act 2015 |
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Issues |
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Web |
http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted
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Notes |
The Consumer Rights Act came into force on 1 October 2015. The law is now clearer and easier to understand, meaning that consumers can buy and businesses can sell to them with confidence. On the rare occasions when problems arise, disputes can now be sorted out more quickly and cheaply. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Criminal Law Act 1967 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1967/58/contents
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Notes |
It simply requires that any force used must be "reasonable in the circumstances." ... — (1) A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Constables Protection Act 1750 |
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Issues |
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Web |
http://www.legislation.gov.uk/apgb/Geo2/24/44/contents
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Notes |
An Act for the rendering Justices of the Peace safer in the Execution of their Office; ... no known outstanding effects for the Constables Protection Act 1750. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
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Crown proceedings Act 1947 |
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Issues |
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Web |
http://www.legislation.gov.uk/ukpga/Geo6/10-11/44/contents
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Notes |
The Crown Proceedings Act 1947 (c. 44) is an Act of the Parliament of the United Kingdom that allowed, for the first time, civil actions against the Crown to be brought in the same way as against any other party. The Act also reasserted the common law doctrine of Crown privilege but by making it, for the first time, justiciable paved the way for the development of the modern law of public interest immunity. The Act received the royal assent on 31 July 1947 but did not fully come into force until 1 January 1948. There remain significant differences between Crown proceedings and claims between private parties, especially as to enforcement of judgments. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Act of Law |
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If Breached Mark |
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Country to Public Order Ac1986 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1986/64/contents
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Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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County Courts Act 1984 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1984/28/contents
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Notes |
County Courts Act 1984 is up to date with all changes known to be in force on or before 26 July 2018. There are changes that may be brought into force up and till date. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
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If Breached Mark |
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Courts Act 2003 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/2003/39/contents
|
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Notes |
Magistrates’ courts and Crown Courts are the two levels of first instance criminal courts in the English criminal justice system. While in the Crown Courts, judges and juries deal with the most serious offences (indictable), magistrates' courts try, within a locally based jurisdiction, lesser offences known as summary and "either way" offences. Also, Crown Courts' judges are all professional judges whereas those sitting in magistrates' courts most frequently are lay people. Magistrates’ courts have been in existence in England and Wales since the 14th century. The Justices of the Peace Act 1361 is still the source of some of their powers. Until 2004 the main pieces of legislation which governed magistrates’ courts, their organisation, jurisdiction, powers and procedure were the Domestic Proceedings and Magistrates’ Courts Act 1978, the Magistrates’ Courts Act 1980, the Police and Magistrates’ Courts Act 1994, the Justices of the Peace Act 1997 and the Access to Justice Act 1999.
Two recent pieces of legislation, the Criminal Justice Act 2003 and the Courts Act 2003 must now be added to that list.
As Sir Robin Auld, a senior Lord Justice in the Court of Appeal, pointed out in his Report on the Review of the Criminal Court, “(n)o country in the world relies on lay magistrates as we do (…) to administer the bulk of criminal justice. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Courts and Legal Services ACT 1990 |
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Issues |
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Web |
https://www.legislation.gov.uk
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|||
Notes |
Courts and Legal Services Act 1990 (c. 41) was an Act of the Parliament of the United Kingdom that reformed the legal profession and Courts of England and Wales. The Act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked. The changes introduced in the Act covered a variety of areas. Important changes were made to the judiciary, particularly in terms of appointments, judicial pensions and the introduction of District Judges, the arbitration process of Alternative Dispute Resolution and the procedure in the courts, particularly in terms of the distribution of civil business between the High Court and County Courts. The most significant changes were made in the way the legal profession was organised and regulated. The Act broke the monopoly solicitors held on conveyancing work, creating an Authorised Conveyancing Practitioners Board which could certify "any individual, corporation or employee of a corporation" as an authorised conveyancer subject to certain requirements. The Act also broke the monopoly the Bar held on advocacy and litigation in the higher courts by granting solicitors rights of audience in the Crown Court, High Court, Court of Appeal, Court of Session, Privy Council, and House of Lords if they qualify as Solicitor Advocates. The Act also made many minor changes to areas as varied as family law, criminal prosecutions and the distribution of costs in civil cases. The Act has been called "[one of] the great reforming statutes of the twentieth century" and "one of the most important pieces of legislation affecting the delivery of legal services since 1949". Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Coroners Act 1988 |
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|
||
Issues |
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|||
Web |
https://www.legislation.gov.uk/ukpga/1988/13/contents
|
|||
Notes |
An Act to consolidate the Coroners Acts 1887 to 1980 and certain related enactments, with amendments to give effect to recommendations of the Law Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Coroners Juries Act 1983 |
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|
||
Issues |
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|||
Web |
http://www.legislation.gov.uk/uksi/1983/1454/resources
|
|||
Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Criminal Appeal Act 1995 |
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|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1995/35/contents
|
|||
Notes |
An appeal follows a summery trial, from the Magistrates Courts to the Crown Courts. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Crime and disorder Act 1998 1ST Asbo |
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|
||
Issues |
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|||
Web |
https://www.legislation.gov.uk/ukpga/1998/37/contents
|
|||
Notes |
The primary objective of the Crime and Disorder Act 1998 was to give more responsibility to local authorities with regards to implementing ... Youth conditional cautioning
An act targeting crime and antisocial behaviour and creating the antisocial behaviour order.
Legal Aid, Sentencing and Punishment of. Offenders Act 2012). Presented to Parliament pursuant to section 66G of the. Crime and Disorder Act 1998. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Criminal Injuries Compensation Act 1995 |
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|
||
Issues |
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|||
Web |
https://www.legislation.gov.uk/ukpga/1995/53/contents
|
|||
Notes |
An Act to provide for the establishment of a scheme for compensation for criminal injuries. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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D
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Dangerous Dogs Act 1991 |
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|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1991/65/contents
|
|||
Notes |
(c. 65) is an Act of the Parliament of the United Kingdom that was introduced in response to various incidents of serious injury or death resulting from attacks by aggressive and uncontrolled dogs, particularly on children. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Data Protection Act 1998 / GDPR |
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|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/2018/12/enacted
https://www.gov.uk/data-protection
|
|||
Notes |
What is the GDPR The GDPR will replace the current Data Protection Act 1998 in the UK and the Data Protection Directive 95/46/EC. The GDPR is designed to safeguard European Union (EU) citizens’ personal data privacy rights. The GDPR will affect all UK and European organisations and any country doing business with any European Union (EU) state. The GDPR will give individuals far greater control and rights over their personal data in several ways including consent, the power to access their personal data, to rectify or erase information held about them, the right to be informed and the right to be forgotten, the completed erasure of their personal data. The changes brought about by the GDPR will undoubtedly have a significant impact on all law enforcement organisations. Any law enforcement organisation that operates within the EU, or that processes data on EU citizens will be subject to the GDPR, regardless of where that information is stored. However, where law enforcement is concerned there is one exception which will be discussed in greater detail later in this article. GDPR and Law Enforcement GDPR will have a similar impact on technology tools that are used for managing information within law enforcement, with those who act as data controllers or data processors being required to comply with GDPR. Law enforcement organisations must show that their systems, technology and processes are fully GDPR compliant. With severe non-compliance penalties of EUR20 million or 4% of worldwide turnover, GDPR will make organisations fully accountable for their approach to data compliance Whilst there are significant financial penalties for failing to comply with GDPR, the regulation also provides an important opportunity to improve the quality of stored data. The Police and Criminal Justice Data Protection Directive The Police and Criminal Justice Data Protection Directive (the Directive) which entered into force in May 2016 is aimed at regulating the use of personal data for law enforcement purposes, particularly “for the purposes of prevention, investigation, detection or prosecution of criminal offences, the execution of criminal penalties or the safeguarding against and the prevention of threats to public security.” The Directive will deal with the use of personal data for law enforcement purposes by not just police forces, but also public organisations engaged with tackling crime. Unlike the GDPR which a Regulation is and therefore will automatically become legislation in the UK, the Directive will need to be adopted into UK legislation allowing the UK a degree of flexibility in respect of the application of the Directive’s overall provisions. This means that organisations that fulfil law enforcement functions will need to comply with two data protection regimes. The requirements of the Directive, as implemented by UK legislation will apply in relation to data used for law enforcement purposes. The GDPR will apply in relation to all other uses of personal data. How will this work in the UK? The UK government has negotiated an opt-out in respect of the application of European data protection legislation in relation to UK domestic law enforcement. The UK has partly exercised this opt-out. Therefore, while the UK has agreed to be bound by the Directive when adopted (full ratification of the Directive must be complete by 6th May 2018), which will permit the sharing and receipt of personal data for law enforcement purposes with other EU Member states, the UK has opted-out of the Directive’s provisions in relation to the processing of personal data for law enforcement purposes within the UK. This therefore leaves a gap in the UK regulation, as the GDPR does not regulate use of personal data for law enforcement purposes. How that gap should be filled remains a topic of conversation within the UK government. What will this mean for organisations carrying out law enforcement activities in the UK? UK Public bodies using personal data for law enforcement purposes will need to implement three separate but related governance procedures for personal data: one procedure to deal with law enforcement data processed within the UK the Directive in relation to law enforcement data sent to or received from other member states; and the GDPR to control the processing of all other personal data Despite the GDPR coming into force in May 2018, it is still not clear what course of action the UK government will take to control use of personal data for law enforcement purposes where the Directive is concerned. This is also a major concern for the Information Commissioners Office (ICO). What can be done to prepare? Law enforcement agencies need to identify where information is held solely for law enforcement purposes, and whether this data is held in systems that also hold personal data that is used for non-law enforcement purposes. These two groups of data will need to be separated and held independently of each other. This will avoid the possibility of cross-contamination of data. More substantive work should now be undertaken to prepare for implementation of the GDPR in relation to use of personal data for non-law enforcement related purposes. Policing and the use of personal data for non-law enforcement related purposes and GDPR In the realms of policing within the UK there have been several documented incidents where police forces throughout the UK have found themselves under scrutiny from the ICO and the courts. In Brown v Commissioner of Police for the Metropolis (2016) the Metropolitan Police were successfully sued by one of their own officers, a detective constable, for breaching personal data protection under the current Data Protection Act 1998 (DPA). The Metropolitan Police abused their position using non-existent legislation (Police Act 2007) and powers designated to investigate crime to obtain personal information about their own colleague without consent. The DPA sets out eight key principles, one of which states that any data that is processed must be relevant to the purpose for which it is processed. Also, and more importantly, the data must not be excessive in relation to accomplishing that purpose. The points mentioned above were breached on both counts. These incidents are not few and far between but happen across the UK where fines have been imposed by the ICO, and as a result, officers have either resigned or been sacked for major breaches of data protection. The impact of the GDPR needs to be at the forefront of policing where the future of personal data protection is concerned for non-law enforcement related purposes. Unlike the current DPA the GDPR introduces several mandatory elements of the covering how data is accessed, used, processed and removed within the UK. The introduction of the requirement to keep certain mandatory records while having to display a complete and comprehensive audit trail will increase administration overheads for the Data Protection Officer together with the data controllers and data processors. What does GDPR mean for individuals? The GDPR creates new rights for individuals while reinforcing the individual’s rights that presently exist under the DPA. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Defamation of character Act 2013 - “Slander” |
|
|
||
Issues |
Claims in relation to Damage to my Reputation! Defamation Act 2013 The Enfield Council employees induced my person into a defaced negative perception of Defamation of character not at my own free will or with my consent!
The Metropolitan Police constabulary’s employees induced my person into Defamation of character not at my own free will or with my consent! |
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Web |
http://www.legislation.gov.uk/ukpga/2013/26/contents/enacted
|
|||
Notes |
If someone damages your reputation by way of slander or libel, you may have grounds to sue for defamation. "Slander" is the crime of making a false, spoken statement damaging a person's reputation. "Libel" is a false published, written statement damaging a person's reputation.
Slander considered is a tort If the hurtful statement is spoken, the statement is "slander." Defamation is considered to be a civil wrong, or a tort. A person that has suffered a defamatory statement may sue the person that made the statement under defamation law. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Laws |
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Num |
Act of Law |
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If Breached Mark |
||
DEFENSE, SELF-DEFENSE |
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|
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Issues |
|
||||
Web |
https://www.legislation.gov.uk/ukpga/2008/4/part/5/crossheading/selfdefence-etc
|
||||
Notes |
Force likely to cause death or great bodily harm is justified in self-defence only if a person reasonably believes that such force is necessary to prevent death or great bodily harm. The Right to Protect One's Person and Property from Injury. It will be proper to consider.
Lord Morris in Palmer v R stated the following about someone confronted by an intruder or defending himself against attack: If there has been an attack so that defence is reasonably necessary, it will be recognised that a person defending himself cannot weigh to a nicety the exact measure of his defensive action. If the jury thought that in a moment of unexpected anguish a person attacked had only done what he honestly and instinctively thought necessary that would be the most potent evidence that only reasonable defensive action had been taken. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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||||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Defective Premises Act 1974 |
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|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/1972/35
|
|||
Notes |
The Defective Premises Act 1974 allows people other than tenants to sue for disrepair. The common law actions of nuisance and negligence have also proved to be of application in the area of disrepair. The Act of Law covers landlords' and builders' liability for poorly constructed and poorly maintained buildings, along with any injuries that may result. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Disability Discrimination Act 1985 / 1995 + with the Arbitration Act 1996 / Section 68 False Reports! |
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|
||
Issues |
|
|||
Web |
1995 http://www.legislation.gov.uk/ukpga/1995/50/contents
|
|||
Notes |
The Disability Discrimination Act 1995 (c 50) (informally, and hereafter, the DDA) is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
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|
|||
Issues |
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|||
Web |
http://www.legislation.gov.uk/ukpga/1976/74
|
|||
Notes |
The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. ... The Act was repealed by the Equality Act 2010, which supersedes and consolidates previous discrimination law in the UK. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Drug Trafficking Act 1994 |
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|
||
Issues |
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|||
Web |
http://www.legislation.gov.uk/ukpga/1994/37/contents
|
|||
Notes |
The Drug Trafficking Act 1994 (c. 37) is an Act of the Parliament of the United Kingdom. It largely replaced the Drug Trafficking Offences Act 1986. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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E
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Extradition Act 1989 |
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|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/1989/33/contents
|
|||
Notes |
The Act came into force on 1 January 2004. It transposed the European Arrest Warrant framework decision into British law and implemented the UK side of the controversial UK—US extradition treaty of 2003before the treaty came into force in April 2007 after being ratified by the US Senate in 2006. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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F
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Factories Act 1948 |
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|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/Eliz2/9-10/34
|
|||
Notes |
The Factories Act,1948 (Act No. 63 of 1948), as amended by the Factories (Amendment) Act, 1987 (Act 20 of 1987)), serves to assist in formulating national policies in India with respect to occupational safety and health in factories and docks in India. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Factories Act 1961 |
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|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/Eliz2/9-10/34
|
|||
Notes |
The Factories Act 1961 is an Act of the Parliament of the United Kingdom. At the time of its passage, the Act consolidated much legislation on workplace health, safety and welfare in Great Britain. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Factories Act / Fatal Accidents Act 1976 |
|
|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1976/30/contents
|
|||
Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
|||
Submitted on |
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|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Fraud Act 2006 |
|
|
||
Issues |
The Enfield Council employee’s put a fraudulent and deceitful Anti-social behaviour order against my person making me suffer False imprisonment within my rented home, without due diligence when I put them in receipt of evidence proving my innocents in their alleged allegations against me, leading to no disciplinary action against the relevant persons of authority what are their employees of interests, Making it so that I cannot travel safely within my own home town due to the possibility of further wrong recurrences created to pervert and then preside the course of justice, while them employees continue to working in Joint Circular with the Metropolitan Police constabulary’s employee’s, since the beginning of the proceedings, creating a complete breach of their codes of ethics, what are the Standards of cooperative employee’s behaviour! The Metropolitan Police constabulary’s employee’s put a fraudulent and deceitful Anti-social behaviour order against my person making me suffer False imprisonment within my rented home, without due diligence when I put them in receipt of evidence proving my innocents in their alleged allegations against me, leading to no disciplinary action against the relevant persons of authority what are their employees of interests, Making it so that I cannot travel safely within my own home town due to the possibility of further wrong recurrences created to pervert and then preside the course of justice, while them employees continue to working in Joint Circular with the Enfield Council employee’s, since the beginning of the proceedings, creating a complete breach of their codes of ethics, what are the Standards of cooperative employee’s behaviour! |
|||
Web |
https://www.legislation.gov.uk/ukpga/2006/35/contents
|
|||
Notes |
Penalty. ... Section 10 of the Act increases the maximum penalty for offences contrary to Section 458 of the Companies Act 1985 to 10 years' imprisonment. The maximum penalty for an offence under Sections 6 and 11 is 12 months' imprisonment on summary conviction and 5 years' imprisonment on conviction on indictment. fraud by false representation to make a gain for himself or another, or. (ii)to cause loss to another or to expose another to a risk of loss. (2)A representation is false if— (a)it is untrue or misleading, and. (b)the person making it knows that it is, or might be, untrue or misleading. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
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|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Freedom of Information Act 2000 |
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|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/2000/36/contents
|
|||
Notes |
The Freedom of Information Act 2000 provides public access to information held by public authorities. It does this in two ways: public authorities are obliged to publish certain information about their activities; and. members of the public are entitled to request information from public authorities. You normally have 20 working days to respond to a request. For a request to be valid under the Freedom of Information Act it must be in writing, but requesters do not have to mention the Act or direct their request to a designated member of staff. A subject access request (SAR) is simply a written request made by or on behalf of an individual for the information which he or she is entitled to ask for under section 7 of the Data Protection Act 1998 (DPA). The request does not have to be in any particular form. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
|||
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|||
G
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Sale of Goods Act 1893 |
|
|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1893/71/contents/enacted
|
|||
Notes |
The Sale of Goods Act 1979 is an Act of the United Kingdom which regulates contracts in which goods are sold and bought. The Sale of Goods Act performs several functions. Buyer is a person that who wants to buy something from seller and seller is a person that sells out something that a buyer wants. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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Submitted on |
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H
Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Hate Crime Act 1998 |
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|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1998/37/contents
|
|||
Notes |
Hate Crimes Prevention Act was signed into law in 2009. It included sexual orientation, gender identity and expression, the disabled, and military personnel and their family members. This is the first all-inclusive bill ever passed in the United States, taking 45 years to complete. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Health Act 2007 |
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||
Issues |
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Web |
https://www.legislation.gov.uk/ukpga/2007/12/contents
|
|||
Notes |
The 2007 Mental Health Act made several key changes to the 1983 Mental Health Act, which laid down provision for the compulsory detention and treatment of people with mental health problems in England and Wales. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Housing disrepair = (Right to Repair) “UK” Regulations 1994 “The Secure Tenants of Local Housing Authorities” |
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|
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Issues |
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Web |
http://www.legislation.gov.uk/uksi/1994/133/made
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Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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Acts of Law |
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Num |
Act of Law |
Date of Problem |
If Breached Mark |
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Housing Act 1985 |
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My Grounds Covered 1 |
Social Housing
|
A note on allocation schemes in relation to social housing. It covers what an allocations scheme is, the procedure for putting a scheme together and which categories of people should qualify and be eligible for housing under a scheme. |
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My Grounds Covered 2 |
Anti-Social behaviour Act 2003: Housing |
1.The procedure for applying for section 153 injunctions. 2.Acceptable behaviour contracts. 3.Other ways of dealing with anti-social behaviour. |
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My Grounds Covered 3 |
Anti-social behaviour: recovery of possession on dwelling houses based on anti-social behaviour
|
A note on new possession grounds as introduced under Part 5 of the Anti-social Behaviour, Crime and Policing Act 2014. This note covers the qualifying requirements for the new grounds and the circumstances in which they will apply. |
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My Grounds Covered 4 |
Grounds for possession: secure tenancies
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My Grounds Covered 5 |
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My Grounds Covered 6 |
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My Grounds Covered 7 |
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Issues |
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|||||
Web |
https://www.legislation.gov.uk/ukpga/1985/68/contents
claim for damp |
|||||
Notes |
Secure tenancies were initially introduced under Part I of the Housing Act 1980, which incorporated the rights of tenants in the public sector that had been emerging from the case law developing from the Rent Acts. The Housing Act 1985 sets out the principal definition of unfitness for human habitation and puts the burden on local authorities and not on the tenant, to deal with the matter. Section 11, LTA 1985 only makes provision for disrepair to the structure or exterior. Thus, damage or disrepair that is not structural will not be covered. A claim by a tenant to a landlord as a result of an attack of black mould in a property was rejected by the courts1 as the damage was as a result of condensation and did not directly result through any disrepair. In addition, defects of the structure (inherent defects) resulting from bad design, such as condensation dampness caused by a design defect, will not be covered (2). Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Submitted on |
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Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Human Rights Act 1998 |
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|
||
Issues |
|
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Web |
https://www.legislation.gov.uk/ukpga/1998/42/contents
|
|||
Notes |
The Human Rights Act is a UK law passed in 1998. It lets you defend your rights in UK courts and compels public organisations – including the Government, police and local councils – to treat everyone equally, with fairness, dignity and respect. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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Submitted on |
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I
Acts of Law |
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Num |
Act of Law |
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If Breached Mark |
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Intent Criminal Justice Act 1967 |
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|
||
Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1967/58/section/3
|
|||
Notes |
In criminal law, intent is one of three general classes of means rea-necessary to constitute a conventional, as opposed to strict liability, crime. A more formal, generally synonymous legal term is scienter: intent or knowledge of wrongdoing. purpose; the phrase `with a view to' means `with the intention of' or `for the purpose of' will. a fixed and persistent intent or purpose. Type of: end, goal. the state of affairs that a plan is intended to achieve and that (when achieved) terminates behaviour intended to achieve it. Three types of criminal intent exist: (1) general intent, which is presumed from the act of commission (such as speeding); (2) specific intent, which requires preplanning and predispositions (such as burglary); and (3) constructive intent, the unintentional results of an act (such as a pedestrian death resulting from. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
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Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Interception of Communications Act 1985 |
|
|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1985/56/contents
|
|||
Notes |
The person was not, at the time of the interception, making an attempt to act in accordance with an interception warrant which might explain the interception concerned; the person has not committed an offence under section 1(1) of RIPA (intentional unlawful interception). Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
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Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Interception Act 1978 |
|
|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1978/30
|
|||
Notes |
The USA. The USA has two federal statutes that apply to lawful interception of communications. ... Under the Foreign Intelligence Surveillance Act 1978, if the interception involves the acquisition of communications of any US person within the US, it must be conducted after first obtaining a court order. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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|
|||
J
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Judicature Act of 1873 |
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|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/Vict/54-55/53/enacted
|
|||
Notes |
The Supreme Court of Judicature Act 1873 (sometimes known as the Judicature Act 1873) was an act of the Parliament of the United Kingdom in 1873. The higher court system, which had existed since the Middle Ages, was completely reorganised by the Judicature Acts passed by Parliament in 1873 and 1875. Industrial interestsThe demand for such reform came from Britain’s leading industrial, commercial and financial interests who found that complex commercial cases often required the attention of different branches of law in different courts. Under the 1873 Act the old higher courts were abolished and a new Supreme Court of Judicature was created consisting of the High Court of Justice and the Court of Appeal. Specialist divisionsThe High Court was divided into five specialist divisional courts based on the old central courts (King’s Bench, Common Pleas, Exchequer, and Chancery), with the addition of the new Probate, Divorce and Admiralty division. Further trimming of the system took place in 1880 when the Common Pleas and Exchequer divisions were abolished. This radical restructuring did much to unify the system and allowed the ending of ancient and time-consuming practices. Court of AppealThe establishment of a single Court of Appeal above the High Court simplified the varied procedures of appeal in civil cases. But it was not until 1907, with the Criminal Appeal Act, that Parliament created the right of appeal against criminal convictions and created the Court of Criminal Appeal. Previously, decisions in criminal cases could only be reversed by the Home Secretary. Role of House of LordsThe role of the House of Lords as the highest court of appeal in the land was finally placed on a proper judicial footing by the Appellate Jurisdiction Act of 1876. The Act made provision for appointing lords of appeal in ordinary, a small body of senior and experienced judges who would consider and pronounce on appeal cases.
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Juries Act 1974 |
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|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1974/23/contents
|
|||
Notes |
1974 CHAPTER 23. An Act to consolidate certain enactments relating to juries, jurors and jury service with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
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Submitted on |
|
|||
K
L
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Land Lord and Tent Act 1987 |
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|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1987/31/contents
|
|||
Notes |
The Landlord and Tenant Act (LTA) 1985 makes it impossible for landlords to avoid repairing obligations and it is one of the few pieces of legislation which had retrospective effect because it applies to tenancies entered into after 1961. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Law Reform (Miscellaneous Provisions) Act 1934 |
|
|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/Geo5/24-25/41/contents
|
|||
Notes |
The Effect of death on certain causes of action. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Legal Aid, Sentencing and Punishment of Offenders Act 2012 |
|
|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/2012/10/contents/enacted
|
|||
Notes |
Latest news on the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Following agreement by both Houses on the text of the Bill it received Royal Assent on 1 May. The Bill is now an Act of Parliament (law). Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Lease holds Reforms Act 1967 |
|
|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/1967/88/contents
Practice guide
|
|||
Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
|||
Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Lease holds Reforms Act 1967, as amended by the common hold and Leasehold Reform Act 2002 |
|
|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/2002/15/notes/contents
Practice guide
|
|||
Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
|||
Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Localism Act 2011 |
|
|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/2011/20/contents/enacted
A plain English guide to the Localism Act https://assets.publishing.service.gov.uk/government/uploads/system/.../1896534.pdf
|
|||
Notes |
The Localism Act 2011 (c. 20) is an Act of Parliament that changes the powers of local government in England. The aim of the act is to facilitate the devolution of decision-making powers from central government control to individuals and communities. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
|||
Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Local Authority Social Services Act 1970 |
|
|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1970/42/contents
|
|||
Notes |
1970 CHAPTER 42, an Act to make further provision with respect to the organisation, management and administration of local authority social services; to amend the Health Visiting and Social Work (Training) Act 1962; and for connected purposes. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
|||
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|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Local Government Act 2000 |
|
|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/2000/22/contents
|
|||
Notes |
Overview and scrutiny committees were established in English and Welsh local authorities by the Local Government Act 2000. They were intended as a counterweight to the new executive structures created by that Act (elected mayors or leaders and cabinets). Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
|||
Submitted on |
|
|||
M
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Magistrates Court Act 1980 |
|
|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1980/43
|
|||
Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
|||
Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Malfeasance in public office Targeted malice Malicious Prosecution Malicious Process |
|
|
||
Issues |
|
|||
Web |
https://www.cps.gov.uk/legal-guidance/misconduct-public-office
|
|||
Notes |
Misconduct in public office is an offence at common law triable only on indictment. It carries a maximum sentence of life imprisonment. It is an offence confined to those who are public office holders and is committed when the office holder acts (or fails to act) in a way that constitutes a breach of the duties of that office. Where there is clear evidence of one or more statutory offences, they should usually form the basis of the case, with the 'public office' element being put forward as an aggravating factor for sentencing purposes. The decision of the Court of Appeal in Attorney General's Reference No 3 of 2003 [2004] EWCA Crim 868 does not go so far as to prohibit the use of misconduct in public office where there is a statutory offence available. There is, however, earlier authority for preferring the use of statutory offences over common law ones. In R v Hall (1891) 1 QB 747 the court held that where a statute creates (or recreates) a duty and prescribes a particular penalty for a wilful neglect of that duty ‘the remedy by indictment is excluded’. In R v Rimmington, R v Goldstein [2005] UKHL63 at paragraph 30 the House of Lords confirmed this approach, saying: “…good practice and respect for the primacy of statute…require that conduct falling within the terms of a specific statutory provision should be prosecuted under that provision unless there is good reason for doing otherwise.”
The use of the common law offence should therefore be limited to the following situations: Where there is no relevant statutory offence, but the behaviour or the circumstances are such that they should nevertheless be treated as criminal; Where there is a statutory offence, but it would be difficult or inappropriate to use it. This might arise because of evidential difficulties in proving the statutory offence in the particular circumstances; or because the maximum sentence for the statutory offence would be entirely insufficient for the seriousness of the misconduct. Definition of the Offence The elements of the offence are summarised in Attorney General's Reference No 3 of 2003 [2004] EWCA Crim 868. The offence is committed when: a public officer acting as such; wilfully neglects to perform his duty and/or wilfully misconducts himself; to such a degree as to amount to an abuse of the public's trust in the office holder; without reasonable excuse or justification. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
|||
Submitted on |
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|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Medicines Act 1968 |
|
|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1968/67
|
|||
Notes |
Medicines Act 1968. The Medicines Act 1968 is an Act of Parliament of the United Kingdom. It governs the control of medicines for human use and for veterinary use, which includes the manufacture and supply of medicines. ... The Act controls supply of the drugs it covers, but does not define any offence of simple possession ... Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Metropolitans Police Act 1829 |
|
|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/Geo4/10/44/contents
|
|||
Notes |
The first professional policemen, in England, known as 'Peelers' or 'Bobbies', were set up in London in 1829 by Robert Peel, the then Home Secretary, after 'The Metropolitan Police Act' of 1829. It was the start of a campaign to improve public law. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
|||
Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Metropolitans Police Act 1839 |
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|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/Vict/2-3/47
|
|||
Notes |
An Act for further improving the Police in and near the Metropolis Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Metropolitans Police Act 1856 |
|
|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1987/4
|
|||
Notes |
An Act for further improving the Police in and near the Metropolis by inducing Compulsory policing. Responding to this disquiet, Parliament passed the County and Borough Police Act in 1856 which made policing compulsory throughout England and Wales and made provision for Treasury assistance to local authorities. ... A parallel Act for Scotland was passed in 1857. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Ministry of Defence police Act 1987 |
|
|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1987/4
|
|||
Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
|||
Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Misuse of Drugs Act 1971 |
|
|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/1971/38/contents
|
|||
Notes |
Misuse of Drugs Act 1971. ... The main purpose of the Act is to prevent the misuse of controlled drugs and achieves this by imposing a complete ban on the possession, supply, manufacture, import and export of controlled drugs except as allowed by regulations or by licence from the Secretary of State. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
|||
Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Misuse of Drugs Act 1972 |
|
|
||
Issues |
|
|||
Web |
|
|||
Notes |
Whilst much of this Act consolidated earlier legislation, it introduced some important changes. It set up the Advisory Council on the Misuse of Drugs, it introduced the concept of irresponsible prescribing, the Tribunal procedure (which is no longer used) and gave the Home Secretary the power to introduce strict standards of security rather than the 'lock and key' requirements of the earlier legislation. It also introduced the terms 'controlled drugs' and 'CD' to replace the previously used expressions 'dangerous drugs' or 'DDA' respectively. The main purpose of the Act is to prevent the misuse of controlled drugs and achieves this by imposing a complete ban on the possession, supply, manufacture, import and export of controlled drugs except as allowed by regulations or by licence from the Secretary of State. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
|||
Sign |
|
|||
Submitted on |
|
|||
N
O
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Obscene Publications Act 1959 |
|
|
||
Issues |
|
|||
Web |
https://www.legislation.gov.uk/ukpga/Eliz2/7-8/66/contents
|
|||
Notes |
An Act to amend the law relating to the publication of obscene matter; to provide for the protection of literature; and to strengthen the law concerning. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
|||
Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Obscene Publications Act 1964 |
|
|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/1964/74
|
|||
Notes |
An Act to amend the law relating to the publication of obscene matter; to provide for the protection of literature; and to strengthen the law concerning. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
|||
Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Offences Against a Person Act 1861 |
|
|
||
Issues |
|
|||
Web |
http://www.legislation.gov.uk/ukpga/Vict/24-25/100/contents
|
|||
Notes |
Section 20 of the Act reads as: “Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of a misdemeanour [sic], and being convicted thereof shall be liable . . . to be kept in penal servitude”. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
|||
Sign |
|
|||
Submitted on |
|
|||
Acts of Law |
||||
Num |
Act of Law |
Date of Problem |
If Breached Mark |
|
Out of the time limitation Act 1980 |
|
|
||
Issues |
I did Not get Served in Time |
|||
Web |
https://www.legislation.gov.uk/ukpga/1980/58
|
|||
Notes |
What is meant by a limitation period? Limitation periods under the civil law of England and Wales are fixed by the Limitation Act 1980. These are fixed periods of time during which formal civil proceedings must be started. The limitation period varies depending on the type of civil claim involved. Once the limitation period has passed, the defendant to a legal claim made by the claimant beyond the limitation period can defend it as ‘time barred’ – i.e. the claim could be thrown out because it has been brought too late and is outside the prescribed period of limitation. What is the purpose of limitation periods? The reason behind limitation periods is essentially ‘public policy’. Under the laws of England and Wales, it is unfair and contrary to public policy for individuals or organisations to be perpetually exposed to litigation for wrongful acts or omissions. When a significant time has passed following a wrongful act, witnesses’ recollections and memories may fade, documentary evidence may be lost and other evidence may be weakened. This means it can become difficult or impossible to properly adjudicate a case and prevent justice being served. It is therefore deemed to be in the public interest that claims are barred by statute after a certain period of time has elapsed. Will the limitation period defence automatically apply? In theory, no. A civil claim can still be made by the claimant even if the limitation period has passed. If the defendant wishes to strike it out on the basis that it is time barred, it must actively raise this as a defence. The court can still allow a claim can proceed, even where the limitation period has passed. However, the claim would have to be extremely strong for the court to do so, and there would normally have to be very good reasons for the court to allow the claim to continue; for instance, if the claim is not defended. Are limitation periods for all claims comprised in the Limitation Act 1980? The Limitation Act 1980 sets out the limitation periods for many different types of claim. However, it is not all-encompassing as other statutes set the limitation period for some specialist claims. What is the limitation period for different kinds of claim? The relevant limitation periods for different kinds of claim as set out in the Limitation Act 1980: Claims in relation to a contract: 6 years Claims in relation to awards in arbitration: 6 years Claims in relation to debt arising under statute: 6 years Claims in relation to personal injury: 3 years Claims in relation to negligence: 6 years Claims in relation to recovery of land: 12 years Claims in relation to breach of trust: 6 years Claims in relation to tort: 6 years Claims in relation to defamation and malicious falsehood: 1 year These limitation periods are subject to some exceptions. For instance, in personal injury cases involving a child, the limitation period does not start to run until the child reaches the age of 18; and a person under a mental disability may have longer to bring a claim in some cases. The above list is not a complete list of the limitation periods under the Limitations Act 1980. In some cases, a claim could come under more than one of these categories. If you need to know the limitation period for a specific claim you should seek specialist legal advice. When will the limitation period commence? The limitation period will start to run at the time that the cause of action arises, ie. from the earliest time that the legal proceedings could first have been brought. This means that every fact which is required to commence an action must be in existence before the limitation period will start to run. In some cases, this may be some time – even years – after the event in question because an individual may not know they have a potential legal claim until certain issues (such as a medical condition) come to light. For instance, in a breach of contract claim the limitation period will start to run from the date of the alleged breach by the defendant. This would apply regardless of how long ago the contract was entered into. The claim for breach of contract must then be brought within 6 years of the date the breach occurred. In a personal injury claim, a claimant may develop a serious lung condition 10 year after working in a factory. In this case, the claimant has three years from the date of knowledge that the illness was caused by their working conditions. Situation where certain facts have been concealed from the claimant In some cases, facts in relation to the claim may have been concealed from the claimant by the defendant. In these circumstance, the limitation period will only commence when the claimant becomes aware of these relevant facts, or the date that he or she should have become aware of them. Does the Limitation Act 1980 only apply to civil claims? The Limitation Act 1980 only applies to civil claims. In the case of criminal acts, there are no statutory limits on the prosecution of crimes in the UK except for ‘summary’ offences (offences tried in the magistrates’ court). In these cases, criminal proceedings must be brought within 6 months.
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Perjury Act 1911 |
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http://www.legislation.gov.uk/ukpga/Geo5/1-2/6/contents
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A summary of federal perjury law. If a person testifies falsely after taking the oath or writes a false statement on a document supported by affidavit, he can be prosecuted for perjury. The act is a criminal offense where the person knew the testimony or statement was false.3 Dec 2010
Aiding, abetting or inciting an offence of perjury contrary to section 1 of the Act is also an indictable offence subject to a maximum penalty of seven years imprisonment a fine or both. ... A person who is not a competent witness, but is sworn by mistake, cannot be indicted for perjury. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Pensions Act 1995 + 2004 + = 2007 + 2011+ 2014 |
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http://www.legislation.gov.uk/ukpga/1995/26/contents/enacted
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Summary of the Pensions Act 2011. The four parts of the Bill include a range of measures related to pension provision. Allows contributions to be taken towards the cost of providing personal pension benefits to members of Judicial Pension Schemes. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Personal Injury Act 1948 |
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https://www.legislation.gov.uk/ukpga/Geo6/11-12/41/contents
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The Law Reform (Personal Injuries) Act 1948 is an Act of the Parliament of the United Kingdom. It was passed during the Labour government of Clement Attlee. It improved the legal position of employees suffering from work-related accidents. In particular, it abolished the doctrine of common employment. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Prevention of Corruption Act 1906 (repealed) |
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https://www.legislation.gov.uk/ukpga/Edw7/6/34/contents
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An Act for the better Prevention of Corruption. and such fine, or on summary conviction to imprisonment, with A.D. 1906. expression " agent " includes any person employed by or acting for another. ... Act shall be defrayed as in cases of indictment for felony. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Protection from Harassment Act 1997 |
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https://www.legislation.gov.uk/ukpga/1997/40
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Section 12 of the Domestic Violence, Crime and Victims Act 2004 (DVCVA 2004) came into force on 30 September 2009. This amended section 5 of the Protection from Harassment Act 1997 (PHA 1997). Previously a criminal court could only make a restraining order when sentencing or otherwise dealing with a defendant convicted of offences of harassment or putting a person in fear of violence under the PHA 1997. The amendment allows a court to make a restraining order on conviction or acquittal for any offence. These orders are intended to be preventative and protective. The guiding principle is that there must be a need for the order to protect a person. Police Officers should provide any additional information required for prosecutors to decide whether to invite the court to make a restraining order using section 8 of the MG5 form (Application for Orders on conviction). This information should be requested from the police as early as possible. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Protection from Eviction Act 1977 |
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https://www.legislation.gov.uk/ukpga/1977/43
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Protection from Eviction Act 1977. The Protection from Eviction Act 1977protects residential occupiers. Breaches of the Act can give rise to a civil action and be a criminal offence. See the sections on Civil action and Criminal action for more information about the procedures involved Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Prosecution of Offences Act 1985 |
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https://www.legislation.gov.uk/ukpga/1985/23
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The Prosecution of Offences Act 1985 (c. 23) was an Act of Parliament in the United Kingdom. Its main effects were to establish the Crown Prosecution Service (CPS), to transfer the responsibility of prosecution of offences from the police to the CPS, and to codify the prosecution process. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Prosecution Team Manual of Guidance 2011 |
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http://library.college.police.uk/docs/appref/MoG-Final-2011-July.pdf
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The Prosecution Team. Manual of Guidance. For the preparation, processing and submission of prosecution files. 2011. (Incorporating National File Standard. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Police Act 1964 |
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https://www.legislation.gov.uk/ukpga/1964/48/contents
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The Police Act of 1946 began the process of merging smaller town forces with county constabularies, leaving 117 forces. In the interests of greater efficiency this process was taken further by the 1964 Police Act which reduced the number of forces to 47 in England and Wales, and 20 in Scotland. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Police Act 1996 |
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The Police Act 1996 (c 16) is an Act of the Parliament of the United Kingdom which defined the current police areas in England and Wales, constituted the current police authorities for those areas, and set out the relationship between the Home Secretary and the English and Welsh territorial police forces. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Police Act 1997 |
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https://www.legislation.gov.uk/ukpga/1996/16/contents
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Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Police (efficiency) Regulations Act 1999 + The Police (Efficiency) (Amendment) Regulations 2003 |
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Amendment 2003 https://www.legislation.gov.uk/uksi/2003/528/contents/made
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How to inform the member concerned in what respect his performance is considered unsatisfactory;
These Regulations may be cited as the Police (Efficiency) Regulations 1999 and shall come into force on 1st April 1999. These Regulations shall not apply in relation to— (a)a chief constable or other officer above the rank of superintendent; (b)an officer of the rank of constable who has not completed his period of probation. The Assistant Commissioner”, in relation to the metropolitan police force, means the assistant commissioner for the time being authorised under section 8 of the Metropolitan Police Act 1856. Circumstances in which a first interview may be required 4. Where the reporting officer for a member of a police force is of the opinion that the performance of that member is unsatisfactory, he may require the member concerned to attend an interview (in these Regulations referred to as a first interview) to discuss the performance of the member concerned. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Powers of Criminal Courts (Sentencing) Act 2000 |
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https://www.legislation.gov.uk/ukpga/2000/6/contents
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Compensation Orders Compensation orders are governed by sections 130 - 133 Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A), while section 40 (1) Magistrates' Courts Act (MCA) lays down the maximum amount a magistrates' court can order, currently £5,000 per charge (see section 133 PCC(S)A for the position on TICs). The Crown Court has unlimited powers but should have regard to the means of the offender. While the court's powers are very widely drawn, the High Court has stated that compensation orders should only be made in simple straightforward cases. From 3 December 2012, section 63 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 inserts section 130(2A) into the PCC(S)A 2000 providing: "A court must consider making a compensation order in any case where this section empowers it to do so". This new requirement is in addition to the long-standing requirement in section 130(3) to "give reasons...if it does not make a compensation order ...". in the case of fraud. "Loss" may include a sum by way of interest (Schofield [1978] 1 WLR 979). Where the only realistic prospect of recovering money is through a compensation order and the amount is in dispute then a minimum agreed loss can be used to ensure that an order is made (R v David Edward James [2003] 2 Cr App R (S) 97). Loss, damage or injury has to result from the offence(s) charged, or formally admitted as TICs, for a compensation order to be made (R v Crutchley & Tonks (1994) 15 Cr App R (S) 627). R v Graves (1993) 14 Cr App
R (S) 790 R v Halliwell (1990-91) 12
Cr App R (S) 692 R v Hose (1995) 16 Cr App R
(S) 682 R v Derby (1990-91) 12 Cr
App R (S) 502 R v Deary (1993) 14 Cr App
R (S) 648 R v Corbett (1993) 14 Cr
App R (S) 101 Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Police and Criminal Evidence Act 1984
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https://www.legislation.gov.uk/ukpga/1984/60/contents
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Codes of Practice ... The Criminal Attempts Act 1981 (c 47) is an Act of the Parliament of the United Kingdom. It applies to England and Wales and creates criminal offences pertaining to attempting to commit crimes. It abolished the common law offence of attempt. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Policing and Crime Act 2017 |
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http://www.legislation.gov.uk/ukpga/2017/3/contents/enacted
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Policing and Crime Act 2017. Other sections come into force by Statutory Instrument or by order. The Policing and Crime Act 2017 (c. 3) is an Act of the Parliament of the United Kingdom. ... The act enacts various changes to existing rules involving PCCs, complaints through the IPCC, amendments to PACE 1984 etc. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Police and Magistrates Court Act 1994 |
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http://www.legislation.gov.uk/ukpga/1994/29/content
http://eprints.lse.ac.uk/64380/
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The controversial Police and Magistrates’ Courts Act 1994 made significant changes to both the composition and the powers of police authorities in England and Wales. It substantially reduced the size of police authorities and the numbers of elected councillors on them, adding new, ‘independent’ members for the first time, and requiring local police authorities to produce policing plans for their areas. Policing After the Act is the first major study of the new police authorities created as a result of this important legislation. The research is based on interviews with all the interest groups involved - government ministers, civil servants, senior police officers and local government representatives - together with a detailed survey of all police authorities and in-depth studies in three representative police force areas. As the only comprehensive analysis available of the new system of policy accountability, this will be of great interest to policy-makers, police officers, police authority members and officials, and will be required reading for all students of policing and criminology. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Police Performance Regulations 2008 |
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http://www.legislation.gov.uk/uksi/2008/2862/contents/made
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These Regulations establish procedures for proceedings in respect of unsatisfactory performance or attendance of members of police forces of the rank of chief
“first stage appeal meeting” has the meaning assigned to it by regulation 18; “first stage meeting” has the meaning assigned to it by regulation 14; “gross incompetence” and cognate expressions mean a serious inability or serious failure of a police officer to perform the duties of his rank or the role he is currently undertaking to a satisfactory standard or level, to the extent that dismissal would be justified, except that no account shall be taken of the attendance of a police officer when considering whether he has been grossly incompetent; human resources professional” means a police officer or police staff member who has specific responsibility for personnel matters relating to members of a police force; “complainant” means the person referred to a section 12(1)(a) to (c) (as the case may be) of the 2002 Act (complaints, matters and persons to which Part 2 applies); “complaint” has the meaning given to it by section 12(1) of the 2002 Act; “conduct matter” has the meaning given to it by section 12(2) of the 2002 Act; “interested person” has the meaning given to it by section 21 of the 2002 Act; “investigator” means a person appointed or designated under paragraph 16, 17, 18 or 19 of Schedule 3 to the 2002 Act; “line manager” means the police officer or the police staff member who, in either case, has immediate supervisory responsibility for the officer concerned; officer concerned” means the police officer in respect of whom proceedings under these Regulations are, or are proposed to be, taken; police force concerned” means— (a) where the officer concerned is a member of a police force, the police force of which he is a member; and (b) where the officer concerned is a special constable, the police force maintained for the police area for which he is appointed; necessary for the purpose of the prevention or detection of misconduct by police officers or police staff members or their apprehension for such matters; Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Police Property Act 1897 |
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http://www.legislation.gov.uk/ukpga/Vict/60-61/30/contents
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Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Police Property Act 1997 |
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http://www.legislation.gov.uk/ukpga/1997/30
http://www.legislation.gov.uk/uksi/1997/1908/made
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Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Police Reform Act 2002 |
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https://www.legislation.gov.uk/ukpga/2002/30
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The Police Reform Act 2002. The Police Reform Act 2002 introduced a number of measures with regard to the supervision, administration, functions and conduct of police forces, police officers and other persons serving with, or carrying out functions in relation to, the police. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Police Reform and Social Responsibility Act 2011 |
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http://www.legislation.gov.uk/ukpga/2011/13/contents/enacted
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The Police Reform and Social Responsibility Act comprises of five Parts and seventeen Schedules. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Powers of Criminal Courts (Sentencing) Act 2000 |
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https://www.legislation.gov.uk/ukpga/2000/6/contents
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An Act to consolidate certain enactments relating to the powers of courts to deal with ... Committal for sentence on summary trial of offence triable either way. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Public Order Act 1986 |
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https://www.legislation.gov.uk/ukpga/1986/64
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The Public Order Act 1986 was arguably one of the three great reforming pieces of criminal legislation introduced by Margaret Thatcher’s Conservative government. Along with the Police and Criminal Evidence Act 1984, the Public Order Act 1986
During 1984 and 1985, the long running miner’s strike saw a significant number of serious public order incidents as strikers fought running battles with the police. The g common law powers that were relied upon to combat public order, were felt to be inadequate to deal with the modern world.
The Act as originally drafted contained five main offences relating to public order, which are set out below. Although there have been some modifications since these continue to be the main framework for public order policing. The five offences are riot, violent disorder, affray, threatening behaviour and disorderly conduct. Each of these will be considered in turn.
In common law it is known as nuisance Nocera, "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir J. F. ... Private nuisance is the interference with the right of specific people. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Race Relations Act 1976 |
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http://www.legislation.gov.uk/ukpga/1976/74/enacted
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This gives legal protection from racial discrimination and harassment on grounds of race or ethnic or national origins. It does not cover grounds of colour or nationality; these are covered by the Race Relations Act 1976, amended 2000. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Race relations Act 2000 |
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http://www.legislation.gov.uk/ukpga/1976/74/enacted
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Notes |
This gives legal protection from racial discrimination and harassment on grounds of race or ethnic or national origins. It does not cover grounds of colour or nationality; these are covered by the Race Relations Act 1976, amended 2000. A breach in accordance towards the statutory code of practice for the Enfield Council in regards to Race and equality! Published since Math 2002! States: Ensuring that race equality is an in-built part of equalities in employment and service delivery! Assessing its relevant functions, policies, practices and procedures against the impact they may have on the community including different racial groups! Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Recognition of Trusts Act 1987 |
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http://www.legislation.gov.uk/ukpga/1987/14/contents
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Notes |
Recognition of Trusts Act 1987. The Recognition of Trusts Act 1987 is a UK Act of Parliament that requires and entitles that courts in the United Kingdom recognise the validity of trusts which are created abroad. The Act implemented the Hague Trust Convention, agreed internationally in 1985. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Railway and Transport Safety Act 2003 |
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Web |
https://www.legislation.gov.uk/ukpga/2003/20/contents
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Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Rehabilitations of Offenders Act 1974 |
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Web |
https://www.legislation.gov.uk/ukpga/1974/53
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Notes |
As a short summary, the Rehabilitation of Offenders Act (ROA) 1974applies to England, Scotland and Wales, and is aimed at helping people who have been convicted of a criminal offence and who have not re-offended since. ... Their conviction then becomes 'spent'. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Regulations of investigatory Act 2000 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/2000/23/contents
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Notes |
The Regulation of Investigatory Powers Act 2000 (c.23) (RIP or RIPA) is an Act of the Parliament of the United Kingdom, regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of communications. What is the Act about? What are the ‘Investigatory Powers’ it regulates? The Regulation of Investigatory Powers Act 2000, or ‘RIPA’ as it is commonly known, governs the use of covert surveillance by public bodies. This includes bugs, video surveillance and interceptions of private communications (e.g. phone calls and emails), and even undercover agents (‘covert human intelligence sources’). It’s important to note that RIPA does not just cover surveillance by police but also by other law enforcement bodies (e.g. the Serious Fraud Office or the Serious Organised Crime Agency), the security and intelligence services (MI5, MI6 and GCHQ), as well as a large number of other public bodies, including local government. So this is why local authorities have been able to use surveillance powers in relation to school boundaries, disabled parking and alleged anti-social behaviour? Yes, the Act provides a detailed framework for surveillance activities, although not everything understood as surveillance would be covered by RIPA. As a general rule, RIPA governs active surveillance – actions interfering with individual privacy that would normally be illegal if carried out by a private individual, e.g. installing a listening device in someone’s house, but can be lawful because carried out for a legitimate governmental purpose, e.g. detecting crime. It does not extend to other privacy technologies such as databases or CCTV (except, for example, where the CCTV camera was installed in such a way as to monitor a private home). How does the Act work? The Act distinguishes between interception of private communications and communications data (Part 1), directed surveillance and intrusive surveillance (Part 2). What’s the difference between intercept and communications data? Interception of private communication (phone calls, emails, text messages, faxes, etc) or ‘intercepts’ are the most sensitive kind of surveillance. With few exceptions, interceptions are authorised under warrant by the Home Secretary and anything obtained pursuant to a warrant – and the warrant itself – is completely inadmissible in any legal proceedings. This is because of the fears of MI5 and MI6 that using intercept evidence would reveal too much about their interception capabilities. ‘Communications data’ is different from intercept in that it is information about a communication rather than its contents. For example, the record of your phone provider that you called a particular telephone number on a particular time and date is communications data. What was actually said as part of telephone call would normally be covered by an intercept. Okay, what’s the difference between directed and intrusive surveillance? ‘Directed’ surveillance is surveillance that is conducted as part of a specific investigation and carried out ‘in such a manner as is likely to result in the obtaining of private information about a person’. ‘Intrusive’ surveillance is directed surveillance that involves either residential premises, a private vehicle, or any kind of surveillance device. So, for example, following a suspect down a street as part of an operation would be directed surveillance. Planting a bug in someone’s house, by contrast, would be intrusive surveillance. What kind of oversight is there for this? Part 4 of the Act does provide for three commissioners: The Interception of Communications Commissioner, the Intelligence Services Commissioner and the Chief Surveillance Commissioners. There is also an Investigatory Powers Tribunal established to hear complaints related to surveillance. Unfortunately, the Act is extremely complex and the kind of authorisation required and level of oversight available depends very much on the kind of surveillance: intercept, communications data, directed surveillance and intrusive surveillance. Generally speaking, the least intrusive kinds of surveillance are largely self-authorised by a senior member of the public body concerned, with after-the-fact scrutiny by the relevant commissioner. More intrusive surveillance requires the involvement of the Surveillance Commissioner but there is no prior judicial authorisation required for intercepts – the most intrusive kind of surveillance. Accordingly, the UK is judged to have one of the weakest systems of surveillance regulation of any EU or common law country. Prior judicial authorisation? Why is that important? In virtually every other common law country, e.g. United States, Canada, South Africa, etc – interceptions and bugs by law enforcement require a judicial warrant. This means that the police have to apply ex parte to a judge for permission before they can carry out surveillance. By contrast, an interception warrant under Part 1 of RIPA is granted by the Home Secretary. The European Court of Human Rights has held that the right to respect for private life requires the law governing lawful covert surveillance to ‘provide some protection to the individual against arbitrary interference with Article 8 rights’.((Halford v United Kingdom (1997) 24 EHRR 523 at para 49. )) However, the fact that surveillance powers are now being employed in disputes about school boundaries suggests otherwise. Coherent reform of surveillance powers in the UK would begin by requiring all kinds of surveillance to be authorised by an independent judicial authority, rather than elected (or in some cases even unelected) public officials.
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Road Traffic Act 1984 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1984/27/contents
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Notes |
A person who drives a vehicle on a road while disqualified by reason of age, commits an offence under section 87 RTA 1988, which prohibits a person driving a vehicle on a road otherwise than in accordance with a licence authorising him to do so. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Road Traffic Act 1998 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1988/52/contents
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Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Road Traffic Act 1991 up to Date 2018 |
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Web |
https://www.legislation.gov.uk/ukpga/1991/40/contents
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Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Official Secrets Act 1989 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukdsi/2012/9780111526071/pdfs/ukdsiem_9780111526071_en.pdf
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Notes |
Official Secrets Act 1989. The Official Secrets Act 1989 replaced the "catch-all" section 2 from the Official Secrets Act 1911, under which it was a criminal offence to disclose any official information without lawful authority. ... Information which might lead to the commission of crime. Foreign confidences. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Sex Discrimination Act 1975 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1975/65
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Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Stalking Act 1997 = Protection from Harassment Act 1997 + Protection of Freedoms Act 2012 |
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Issues |
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Web |
http://www.legislation.gov.uk/ukpga/2012/9/part/7/crossheading/stalking/enacted
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Notes |
Stalking is unwanted or repeated surveillance by an individual or group towards another person. Stalking behaviours are interrelated to harassment and intimidation and may include following the victim in person or monitoring them. The term stalking is used with some differing definitions in psychiatry and psychology, as well as in some legal jurisdictions as a term for a criminal offense. Section 2A offence - Stalking; Definition of Stalking .... Harassment (section 2): a summary only offence, carrying a maximum of six months. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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SOCIAL SERVICES AMENDMENT ACT 1981 |
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Issues |
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Web |
http://www.legislation.gov.uk/ukpga/1976/74/enacted
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Notes |
Social services have a statutory obligation to safeguard and promote the welfare of vulnerable children and adults and can provide a wide range of services to children and their parents, usually within the own home environment and co-ordinated by a social worker. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Special Constables Act 1923 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/Geo5/13-14/11/contents
http://www.legislation.gov.uk/ukpga/1981/54/pdfs/ukpga_19810054_en.pdf
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Notes |
Special Constables Act. In 1831, the Special Constables Act gave justices of the peace the power to conscript men as special constables to combat riots and social unrest. ... The law proved so successful that it led to another Act in 1923, continuing the Special Constabulary. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Act of Law |
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Supreme Court Act 1981 |
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Issues |
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Web |
MAIN - Web-Site
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Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Num |
Act of Law |
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Senior Courts Act 1981 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1981/54/contents
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Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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T
Acts of Law |
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Act of Law |
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Terrorism Act 2000 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/2000/11/contents
Terrorism Prevention and Investigation Measures Act https://www.gov.uk/government/collections/terrorism-prevention-and-investigation-measures-act
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Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Act of Law |
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Trustee Act 1925 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/Geo5/15-16/19/contents
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Notes |
Trustee Act 1925. Trustee Act 1925 (c 19) is an Act of Parliament of the United Kingdom that codified and updated the regulation of trustees' powers and appointment. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Act of Law |
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Theft Act 1968 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1968/60
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Notes |
Theft Act 1968. (1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and 'thief' and 'steal' shall be construed accordingly. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Trustee Act 2000 |
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Issues |
HAS GOOTTEN BREACH AND CAUSED A LACK OF INVESTMENT INTO the Burncroft Avenue Enfield Estate due to the on goings. |
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Web |
http://www.legislation.gov.uk/ukpga/2000/29/notes/contents
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Notes |
“The general power of investment” Towards the Statutory duty of care. The Trustee Act 2000 imposes a duty on trustees to act in the best interests of the beneficiaries of the trust. ... This is particularly important where certain beneficiaries are entitled to income from the trust, and others are entitled to the capital. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Trustee Investments Act 1961 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/Eliz2/9-10/62/contents
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Notes |
Trustee Investments Act 1961. An Act to make fresh provision with respect to investment by trustees and persons having the investment powers of trustees, and by local authorities, and for purposes connected therewith. Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Tort of nuisance Act 1893 Christie v Davey |
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Issues |
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Web |
http://e-lawresources.co.uk/cases/Christie-v-Davey.php
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Notes |
Nuisance is one of the exceptions to the rule that malice is not relevant in tort law. In Christie v Davey 1893, it was ruled that the defendant was deliberately creating a noise in order to frustrate the claimants. Christie v Davey (1893) 1 Ch 316 The claimant was a music teacher. She gave private lessons at her home and her family also enjoyed playing music. She lived in a semi-detached house which adjoined the defendant’s property. The defendant had complained of the noise on many occasions to no avail. He took to banging on the walls and beating trays and shouting in retaliation. Held: The defendant’s actions were motivated by malice and therefore did constitute a nuisance. An injunction was granted to restrain his actions.
In general, elements that must be proven for the establishment of liability in a nuisance include: unreasonableness on the part of a defendant; continuance of acts constituting nuisance for an unreasonable period; causal connection between defendant and nuisance complained of; and. existence of injury or damage threat.
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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Acts of Law |
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Act of Law |
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Tort (Interface with Goods) Act 1977 |
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Issues |
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Web |
https://www.legislation.gov.uk/ukpga/1977/32
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Notes |
Sch -- “Misconduct” S -- “Misconduct” Sch -- “Negligence” S -- “Negligence” |
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