Current awareness – legislation

Posted on 1st Apr 2016 in ICLR News

As a new development, to complement the fact that ICLR Online now includes search and retrieval of all legislation currently in force, both as enacted and as updated, via the official government legislation service (www.legislation.gov.uk), we will be publishing periodical updates on some of the new enactments which you may not be able to find there.

Statute law crest

New statutes

The following statutes have recently received the Royal Assent. Please note that they are awaiting commencement orders and for that reason the full text may not be available yet.

The Parliamentary Sovereignty, National Anthem and Clean for the Queen Act 2016

An Act to provide for the statement of the bleeding obvious in respect of several matters about which public disquiet and lack of national self-confidence has prompted the need for a discombobulating smokescreen of pseudo-legislative flannel; and for connected purposes.

The Act also provides for a national consultation on the subject of a song (the National Anthem) to be sung badly at public events including but not confined to football matches, athletic games, boat races and the Proms, and a referendum (or “preferendum”) enabling the public to select from a shortlist of five or possibly six recommendations the song whose words, written by the Poet Laureate (or Keeper of the Queen’s Verse), everyone will forget and just go “wur, wur, wur” to when spotted on camera in the crowd.

Note. This Act contains a Sunset clause: “For the avoidance of doubt, the sun shall never set on the British Empire. (Except it already has.)”

The Panic Measures Act 2016

An Act to provide Ministers with the power to enact, by Statutory Instrument, measures necessary to satisfy the public demand for a prompt governmental response to events which, owing to intense media coverage (whether accurate or otherwise), have led to widespread public anxiety and require a firm demonstration that appropriate action is being taken.

Note. This Act contains a “Henry VIII clause” enabling a minister to amend, by Statutory Instrument, the provisions of the Principal Act.

National Health Service (Postcode Lottery) Act 2016

An Act to provide for the establishment of a weekly lottery granting unlimited private medical health care to all the occupants of a particular post code area whilst those of neighbouring post code areas are made to suffer to an even worse extent the delays, cancellations and shortages of beds and facilities endemic to the service as a whole.

Car Parks (Conversion to National Academy Status) Act 2016

An Act to amend the Local Government Acts 1948 to 1992 in order to provide for the removal of municipal car parks from local authority control and to confer on them the status of Academies; for the improvement of vehicle storage density in such car parks; for the imposition of fines for overstaying in such car parks payable direct to the Treasury; for the appointment of senior managers and non-executive trustees from a pool of former Ministerial Advisers; and for related purposes.

Note. This Act contains a provision for the retrospective increase of parking fees and/or penalties for non or late payment thereof at any time up to and including the expiry of the current permit.

New Statutory instruments

The following new Statutory Instruments have been approved.

Panic Measures Act 2016 (Amendment No 1) (Legislation by Social Media) Rules 2016

These rules, made by the Secretary of State pursuant to the Panic Measures Act 2016 (the Principal Act), contain an amendment to the Principal Act enabling the Secretary of State to enact the proposed subsidiary legislation without the need to lay a Statutory Instrument before either House for approval, as initially provided for in the Principal Act, and instead to publish such Instrument or Rules in the form of a post on a Social Media website, including but not confined to LinkedIn, Facebook, Instagram, and Twitter.

The Criminal Legal Aid (Remuneration etc.) (Uplift for Guilty Verdicts) (Calculation) Rules 2016

This instrument amends the Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435) which make provision for the remuneration of criminal legal aid (advice and assistance or representation made available under section 13, 15 or 16 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the Act”)).  Schedule 1 to this Instrument further reduces the fees payable to advocates for having the effrontery to represent a defendant pleading not guilty but in the event that the defendant shall be convicted, the advocate will receive an uplift payment representing not more than 50% of the number of pounds sterling equivalating to the maximum number of years’ imprisonment which could be imposed for the offence. In the event that the defendant pleads guilty at the first opportunity, the uplift payment shall be such sum as represents 75% of the number of pounds sterling equivalating to the maximum number of years’ imprisonment as aforesaid but subject to a one-third discount for early plea, or whichever is the lesser of two evils.