Digest
Parliamentary Digest
Civil Partnership Act 2004 (Amendment) Bill
HC first reading, 21 July
Investigatory Powers Bill
HL committee stage, 19 July 2016
EU Citizens Resident in the United Kingdom (Right To Stay) Bill
HC first reading, 12 July
Wales Bill
HC committee stage, 11 July
Modern Slavery (Transparency in Supply Chains) Bill
HL second reading, 8 July 2016
Terms of Withdrawal from EU (Referendum) Bill
HC first reading, 6 July
Protection of Family Homes (Enforcement and Permitted Development) Bill
HC first reading, 4 July
Housing (Tenants’ Rights) Bill
HC first reading, 4 July
Malicious Communications (Social Media) Bill
HC first reading, 4 July
Crown Tenancies Bill
HC first reading, 4 July
Local Audit (Public Access to Documents) Bill
HC first reading, 4 July
Use of Property (Protection) Bill
HC first reading, 4 July
Road Traffic Offenders (Surrender of Driving Licences Etc) Bill
HC first reading, 4 July
Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2016 SI No 814
Revokes and replaces the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2015 SI No 1954. Article 2 sets the fee payable for submitting a petition in faculty proceedings under the Care of Places of Worship Measure 1999 No 2. In force 1 January 2017.
Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 SI No 807
Amends the Magistrates’ Courts Fees Order (MC Fees Order) 2008 SI No 1052; the Civil Proceedings Fees Order (CP Fees Order) 2008 SI No 1053; the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order (UT Fees Order) 2011 SI No 2344; the First-tier Tribunal (Property Chamber) Fees Order (FtT Fees Order) SI No 2013; and the Employment Tribunals and the Employment Appeal Tribunal Fees Order (ET & EAT Fees Order) 2013 SI No 1893.
Provides for the increase of certain fees currently payable in civil proceedings and in connection with civil proceedings in the magistrates’ courts. It provides for the increase of certain fees for judicial review proceedings in the Upper Tribunal (Immigration and Asylum Chamber).
Introduces a new fee structure in the First-tier Tribunal (Property Chamber). Amends CP Fees Order Sch 1; MC Fees Order Sch 1; and UT Fees Order Sch 1 to make the relevant increases. It substitutes a new Schedule of fees for the existing Schedule of fees into the FtT Fees Order. Article 6 amends ET & EAT Fees Order Sch 2 Tables 1 and 2 by adding an appeal of a penalty notice under Employment Tribunals Act 1996 s37G and a claim for unauthorised deductions from wages under the Posted Workers Enforcement Regulations 2016 SI No 539 reg 5 to the list of Type A claims, reflecting the likely lower financial burden of administering such claims. Made 22 July 2016, and comes into force on the next Monday after the day on which the Order is made.
Charities (Protection and Social Investment) Act 2016 (Commencement No 1 and Transitional Provision) Regulations 2016 SI No 815
Bring into force certain provisions of the Charities (Protection and Social Investment) Act 2016 on various dates, ie, on 31 July 2016, 1 October 2016 and 1 November 2016.
Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2016 SI No 803
Section 141 of the Criminal Justice Act 1988 provides that any person who manufactures, sells or hires or offers for sale or hire; exposes or has in his possession for the purpose of sale or hire; or lends or gives to any other person, a weapon to which that section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine or both. The importation of any such weapon is prohibited.
The Criminal Justice Act 1988 (Offensive Weapons) Order 1988 SI No 2019 specifies descriptions of weapons to which section 141 applies. This Order adds the weapon known as a zombie knife, zombie-killer knife or zombie-slayer knife to the list of specified weapons contained in the 1988 Order. Made on 21 July, in force on the 28th day after the day on which it is made.
Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2016 SI No 824
Amends the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 SI No 1023). The 1975 Order disapplies specified provisions of the Rehabilitation of Offenders Act (ROA) 1974 so as to permit questions to be asked about spent convictions and cautions in order to assess a person’s suitability for admission to certain occupations or to hold certain types of employment, licences or permits.
It also permits spent convictions and cautions, or a failure to disclose them, to be a ground for excluding a person from those occupations or for making decisions in relation to those types of employment, licences and permits. Made on 14 July 2016, in force on the 21st day after the day on which it is made.
Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2016 SI No 781
Amend the Civil Legal Aid (Merits Criteria) Regulations 2013 SI No 104, which make provision for the criteria that the Director of Legal Aid Casework must apply when determining whether an individual or legal person qualifies for civil legal services under of, or Schedule 3 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 Part 1.
Regulation 2 amends the merits criteria which the director must apply in relation to determinations for legal representation in certain cases.
Regulation 2(2) omits the category of ‘very poor’ prospects of success and amends the definition of ‘poor’ prospects of success to mean that a case has less than a 45% chance of obtaining a successful outcome. It also creates a ‘marginal’ category of prospects, which is a 45% or more chance, but a less than 50% chance, of obtaining a successful outcome.
Regulation 2(4) amends regulation 43 of the Merits Criteria Regs to provide that the prospects of success criterion is only met if the director is satisfied that the prospects of success are ‘moderate’ , ‘good’ or ‘very good’ (as defined by regulation 5(1) of the Merits Criteria Regs), or where the prospects of success are ‘borderline’ or ‘marginal’ and the case is of significant wider public interest or a case with overwhelming importance to the individual. Where an application for civil legal services is subject to an assessment of its prospects of success, it will no longer fulfil the merits criteria if the case is assessed as having a ‘poor’ prospect of success. Regulation 2 para (5) – (13) make equivalent amendments to other provisions of the Merits Criteria Regs which apply a ‘prospects of success’ test, although in some cases a modified prospects of success test will be applied.
Regulation 3(1) provides that the amendments made by regulation 2 do not apply to applications for civil legal services which are made before 22 July 2016.
Regulation 3(2) provides that regulation 42 of the Merits Criteria Regs has effect in relation to civil legal services which are provided as a result of an application for civil legal services that is made before 22 July 2016 as if the amendments made by regulation 2(2) and (3) had not been made. In force 22 July 2016.
Modern Slavery Act 2015 (Code of Practice) Regulations 2016 SI No 823
Bring into force a code of practice issued under paragraph 5(1) of Schedule 2 to the Modern Slavery Act (MSA) 2015. This code of practice sets out the practice to be followed by English and Welsh constables and enforcement oÿcers when arresting a person under the power of arrest conferred by MSA Sch 2 para 4. Paragraph 4 provides a power to English and Welsh constables and enforcement officers to arrest without warrant any person whom the constable or officer has reasonable grounds to believe to be guilty of an offence under MSA s1 or 2. Made on 1 August, in force on the seventh day after the day on which they are made.