Statutory Instrument in UK Law
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Mahad v Entry Clearance Officer (sub noms AM (Ethiopia) v Entry Clearance Officer & AM (Somalia) v Entry Clearance Officer)
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The Rules are not to be construed with all the strictness applicable to the construction of a statute or a statutory instrument but, instead, sensibly according to the natural and ordinary meaning of the words used, recognising that they are statements of the Secretary of State's administrative policy. But that intention is to be discerned objectively from the language used, not divined by reference to supposed policy considerations.
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F. Hoffmann-LA Roche & Company A.G. and Others v Secretary of State for Trade and Industry
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Despite this indication that the majority of members of both Houses of the contemporary parliament regard the Order as being for the common weal, I entertain no doubt that the courts have jurisdiction to declare it to be invalid if they are satisfied that in making it the Minister who did so acted outwith the legislative powers conferred upon him by the previous Act of Parliament under which the Order purported to be made; and this is so whether the Order is ultra vires by reason of its contents (patent defects) or by reason of defects in the procedure followed prior to its being made (latent defects).
It would, however, be inconsistent with the doctrine of ultra vires as it has been developed in English law as a means of controlling abuse of power by the Executive arm of Government if the judgment of a court in proceedings properly constituted that a statutory instrument was ultra vires were to have any lesser consequence in law than to render the instrument incapable of ever having had any legal effect upon the rights or duties of the parties to the proceedings ( c.f. Ridge v. Baldwin [1964] A.C. 40).
The duty of the Crown to see that the law declared by the statutory instrument is obeyed is not suspended by the commencement of proceedings in which the validity of the instrument is challenged. Prima facie the Crown is entitled as of right to an interim injunction to enforce obedience to it. To displace this right or to fetter it by the imposition of conditions, it is for the defendant to show a strong prima facie case that the statutory instrument is ultra vires.
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R v Secretary of State for the Environment, Transport and the Regions and Another, ex parte. Spath Holme Ltd
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Statutory interpretation is an exercise which requires the court to identify the meaning borne by the words in question in the particular context. This is correct and may be helpful, so long as it is remembered that the 'intention of Parliament' is an objective concept, not subjective. The phrase is a shorthand reference to the intention which the court reasonably imputes to Parliament in respect of the language used.
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R (M) v Ashworth Hospital Authority
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It is in my view plain that the Code does not have the binding effect which a statutory provision or a statutory instrument would have. It is what it purports to be, guidance and not instruction. It is not instruction, but it is much more than mere advice which an addressee is free to follow or not as it chooses. It is guidance which any hospital should consider with great care, and from which it should depart only if it has cogent reasons for doing so.
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Bank Mellat v HM Treasury (No 2)
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First, when a statutory instrument has been reviewed by Parliament, respect for Parliament's constitutional function calls for considerable caution before the courts will hold it to be unlawful on some ground (such as irrationality) which is within the ambit of Parliament's review. This applies with special force to legislative instruments founded on considerations of general policy.
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Serious Crime Act 2015
... ... that is represented by, or may be obtained from, a financial instrument or product of a specified kind ... (7B) An order under subsection (7A) ... for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; ... (c) on conviction on indictment, to imprisonment ... ...
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European Union (Withdrawal Agreement) Act 2020
... ... ,(ii) any particular EU Treaty or any part of it,(iii) any EU instrument, or other document of an EU entity or of the EU, or any part of any such ... Rights in relation to entry and residence ... (1) (1) A statutory instrument containing—(a) the first regulations under section 7(1) (b) , ... ...
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European Union (Future Relationship) Act 2020
... ... for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;(iii) in Northern Ireland, to imprisonment for a term ... in any currency, and(b) any bearer-negotiable or other monetary instrument;“HMRC” means Her Majesty's Revenue and Customs.(8B) Co-operation with ... ...
- The Customs Tariff (Establishment) (EU Exit) Regulations 2020
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The Legal Aid, Sentencing and Punishment of Offenders Act 2012
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) confirms the Sentencing Guidelines as the axiom of sentencing policy. This indicates the importance of probation services need...... ... statutory instrument, the release test for IPP and other ... ...
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Constitutional Principle, the Rule of Law and Political Reality: The European Union (Withdrawal) Act 2018
The European Union (Withdrawal) Act 2018 is the cornerstone of UK legislation designed to accomplish the legal dimension of Brexit. It brings the entire acquis of EU law into UK law in order to avo...... ... statutory instrument; Parliament can then decide at greater leisure thereafter ... ...
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BY VOLUNTARY AGREEMENT: THE POLITICS OF INSTRUMENT SELECTION
There are many ways in which policies can be sanctioned, and legislation is only one of a number of alternatives. This article examines one such alternative: voluntary agreements. After outlining t...... ... The implications of the use of non-statutory instruments, such as voluntary agreements, for this relationship are noted. INTRODUCTION The capacity of the executive to make ... ...
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Words and Phrases
... ... a searchable list of definitions contained in statutes and statutory instruments. At the Legislation search screen open the dialog box labelled ... was permissible to look at parliamentary debates on a statutory instrument. It concerned the implementation of an EC Directive by a statutory ... ...
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UK Statutory Instrument Published to Amend Benchmark Regulations
A U.K. statutory instrument has been published amending the existing U.K. legislation that gives effect to the EU Benchmarks Regulation. The new statutory instrument – the Financial Services and Ma...
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Gambling (Licensing & Advertising) Act 2014: Statutory Instrument laid before Parliament
The Statutory Instrument which sets out the transitional provisions for the new Gambling (Licensing and Advertising) Act 2014 (“Act”) has been published. The Gambling (Licensing and Advertis...
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First UK Statutory Instrument Made Under the European Union (Withdrawal Act) 2018
The European Union (Withdrawal) Act 2018 (Commencement and Transitional Provisions) Regulations 2018 have been made. These Regulations are the first statutory instrument to be made under the EU (Wi...
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Draft Statutory Instrument on UK financial services regulators’ powers to onshore EU financial services legislation
On 18 April 2018, HM Treasury published a draft of the Financial Regulators’ Powers (Technical Standards) (Amendment etc) (EU Exit) Regulations 2018 together with a covering note. Key points in the...
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Applications relating to Empty Dwelling Management Orders (EDMOs)
Housing and planning forms including Rent Repayment Orders and Demolition Orders.... ... Requirement (for full details see Act or Statutory Instrument) ... ... ... √ or X ... ... ...