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Faragher: Public Law Concentrate 4e

Timeline of recent legislation

Date

European Union Act 2011

 

19th July 2011

This Act contains important provisions imposing restrictions on treaties and decisions relating to the European Union. The most important of these is that any treaty which amends or replaces the Treaty on European union and the Treaty on the Functioning of the European Union cannot be ratified except by Act of Parliament following a referendum.

This Act also provides that the status of European Union law exists purely on a statutory basis.

This is relevant to Chapter Eight on Parliamentary Sovereignty and Chapter Ten on the European Union.

Date

Fixed-term Parliaments Act 2011

 

15th September 2011

This Act contains provisions relating to the dissolution of Parliament and when a general election can be called.

This is relevant to Chapter Seven on Parliament. It also should be read in conjunction with Chapter Two on Constitutional Conventions and Chapter Six on the Executive where the powers of the Prime Minister are discussed.

Date

Police Reform and Social Responsibility Act 2011

 

15th September 2011

This Act abolishes the Metropolitan Police Authority and creates the Mayor’s Office for Policing and Crime. It reconstitutes the Commissioner of Police of the Metropolis who is now accountable to the Mayor of London.

Outside London the Act abolishes the Police Authorities created by the Police Act 1996 and makes provision for the election of Police and Crime Commissioners, supported by a panel, to which chief constables are accountable.

The Act is relevant to police powers in Chapter Fifteen and to Chapter Six where it talks about the organisation of the police within the executive.

Date

The Localism Act 2011

 

15th November 2011

The Act devolves greater powers to councils and neighbourhoods and gives local communities more control over housing and planning decisions. This is relevant to the powers of the executive discussed in Chapter Six.

Date

Terrorism Prevention and Investigation Measures Act 2011

 

14th December 2011

The provisions in the Act follow on from the Coalition Government’s 'Review of Counter-Terrorism and Security Powers', published in January 2011.

The Act abolishes the system of control orders, established under the Prevention of Terrorism Act 2005, and replaces it with a new regime designed to protect the public from terrorism, called Terrorism Prevention and Investigation Measures. This statute is relevant to Chapter 15

Date

The Protection of Freedoms Act 2012

 

1st May 2012

 

 

 

 

 

The Act includes a wide range of measures which are relevant to police powers, public order, terrorism, freedom of information and the criminal justice system. They relate to Chapters 13, 14 and 15.

The Act:

  • brings in a new framework for police retention of fingerprints and DNA data, and requires schools to get parents’ consent before processing children’s biometric information
  • introduces a code of practice for surveillance camera systems and provides for judicial approval of certain surveillance activities by local authorities
  • provides for a code of practice to cover officials’ powers of entry, with these powers being subject to review and repeal
  • outlaws wheel-clamping on private land
  • introduces a new regime for police stops and searches under the Terrorism Act 2000 and reduces the maximum pre-charge detention period under that Act from 28 to 14 days
  • restricts the scope of the 'vetting and barring' scheme for protecting vulnerable groups and makes changes to the system of criminal records checks
  • enables those with convictions for consensual sexual relations between men aged 16 or over (which have since been decriminalised) to apply to have them disregarded
  • extends Freedom of Information rights by requiring datasets to be available in a re-usable format
  • repeals provisions (never brought into force) which would have allowed trial without a jury in complex fraud cases
  • removes time restrictions on when marriage or civil partnership ceremonies may take place.

Date

The Scotland Act 2012

 

1st May 2012

The Act implements recommendations of the Final Report of the Commission on Scottish Devolution (the Calman Commission).
It would make changes to the finances of the Scottish Parliament, including a new Scottish rate of income tax, and make a number of adjustments to the boundary of devolved responsibilities.


This is relevant to Chapter Seven in which legislative devolution is discussed.

Date

Succession to the Crown Act 2013

 

25th April 2013

This Act makes the succession to the Crown not dependent on gender. It also enables a future monarch to marry a Roman Catholic.

It is relevant to Chapter 5 on Constitutional Monarchy.

 

 

Date

Justice and Security Act 2013

 

25th April 2013

This Act provides for oversight of the Security Service, the Secret Intelligence Service, the Government Communications Headquarters and other activities relating to intelligence or security matters. It provides for closed material procedure in relation to certain civil proceedings and prevents the making of certain court orders for the disclosure of sensitive information.

This is relevant to Chapter 13.

Date

Local Audit and Accountability Act 2014

 

30th Jan 2014

This Act makes provision for, and in connection with, the abolition of the Audit Commission for local authorities and the National Health Service in England. It makes provisions about the accounts of local and certain other public authorities and the auditing of those accounts. It makes provisions about the appointment, functions and regulation of local auditors. It makes provisions about data matching. It makes provisions about examinations by the Comptroller and Auditor-General relating to English local and other public authorities and about the publication of information by smaller authorities; to make provision for directions to comply with codes of practice on local authority publicity. It also makes provisions about council tax referendums.

Date

Wales Act 2014

 

17th Dec 2014

 

The Act makes changes to the electoral arrangements for the National Assembly for Wales (“the Assembly”), gives effect to many of the recommendations set out in the first report of the Commission on Devolution in Wales (“Silk Commission”) and makes a number of technical changes to the Government of Wales Act 2006 (“GOWA 2006”) and other legislation in order to update the operation of the devolution settlement in Wales.

 

Date

Criminal Justice and Courts Act 2015

 

12th Feb 2015

The Act is in 5 Parts and contains 16 Schedules. Part 1 and Schedules 1 to 8 make provision about criminal justice including provision about sentencing and the release and recall of offenders, the electronic monitoring of offenders released on licence, drug testing in prisons and about the giving of cautions. Part 1 also contains provision about certain offences and sentences. .Part 2 and Schedules 9 and 10 make provision about the detention of young offenders, about giving cautions and conditional cautions to youths and about referral orders. .Part 3 and Schedules 11 to 15 make provision about courts and tribunals including provision creating a new procedure for use in criminal proceedings in the magistrates’ courts in certain circumstances, provision about the committal of young offenders to the Crown Court for sentence, provision about the recovery of the costs of the criminal courts from offenders, provision about fundamental dishonesty in personal injury claims and the offer of inducements to bring personal injury claims, provision about appeals and costs in civil proceedings, provision about juries and members of the Court Martial and provision about reporting restrictions applying to under-18s. Part 4 and Schedule 16 make provision about the refusal by the High Court and the Upper Tribunal of relief in judicial review proceedings, about funding and costs in relation to such proceedings and about the procedure for certain planning proceedings. .Part 5 contains a power to make provision consequential on or supplementary or incidental to the other provisions of the Act and general provisions including about the commencement of the Act and its extent.

 

 

 

Date

European Union Referendum Bill 2015

 

28th May 2015

This Bill makes provision for the holding of a referendum in the United Kingdom and Gibraltar on whether the United Kingdom should remain a member of the European Union.

 

Date

Scotland Bill 2015

 

28th May 2015

This Bill amends the Scotland Act 1998 and makes provision about the functions of the Scottish Ministers.