The Children Act 1989 and the Children (Scotland) Act 1995 a Comparative Look

1997 ◽  
Vol 21 (3) ◽  
pp. 14-22
Author(s):  
E. Kay M. Tisdall ◽  
Alexandra Plumtree
Keyword(s):  
Northern Ireland ◽  
England And Wales ◽  
Conceptual Changes ◽  
The Uk

Over a period of six years, children's legislation has been revised across the UK. The Children Act, which largely applies to England and Wales, was enacted in 1989 and implemented in 1991. Northern Ireland and Scotland had to wait several years for their parallel legislation; it was not until 1995 that the Children (Northern Ireland) Order and the Children (Scotland) Act were passed by Parliament. Much can be learnt from comparing the different legislation and, more importantly, their implementation. Writing from a Scottish perspective, E. Kay M. Tisdall and Alexandra Plumtree compare the Children (Scotland) Act 1995 with the Children Act 1989. They begin with a brief introduction to the two Acts, outlining some of the major conceptual changes, and go on to concentrate on two areas: children in need and inter-agency co-operation. The article concludes by reflecting on the lessons that can be learnt from the English and Welsh experience.

scholarly journals Different laws, same principles: mental health and incapacity legislation across the UK

2010 ◽  
Vol 16 (3) ◽  
pp. 158-160
Author(s):  
Donald Lyons
Keyword(s):  
Mental Health ◽  
Northern Ireland ◽  
Ethical Practice ◽  
England And Wales ◽  
Mental Health Legislation ◽  
Critical Issues ◽  
Care And Treatment ◽  
The Uk ◽  
Health Legislation

SummaryEngland and Wales, Scotland and Northern Ireland are all at different stages in developing their mental health legislation. All jurisdictions have encountered problems in interpretation and operation of the various acts. As an introduction to a series of articles to appear in Advances on mental health and incapacity law, this editorial offers a commentary on some of the critical issues and suggests some key principles that everyone should follow in order to provide care and treatment that accords with best legal and ethical practice.

scholarly journals Charitable Incorporated Organisations: An Analysis of the Three UK Jurisdictions

2015 ◽  
Vol 6 (1) ◽  
pp. 25-44
Author(s):  
Gareth G. Morgan
Keyword(s):  
Northern Ireland ◽  
Limited Liability ◽  
Legal Form ◽  
England And Wales ◽  
Corporate Body ◽  
Legal Forms ◽  
Charitable Associations ◽  
Definition Of ◽  
The Uk ◽  
Charity Regulation

AbstractThe specific legal forms available for charitable organisations have received much less attention by scholars as compared to work on the definition of charity, the boundaries of charitable status and the duties of charity trustees. Under each of the three UK jurisdictions, it could be argued that all charitable property is held on trust (in the sense that it is held for interests of the charity’s beneficiaries) but many charities are no longer formed using the structure of a trust. Charitable organisations can have many possible structures including charitable trusts, charitable associations, charitable companies and now charitable incorporated organisations (CIOs). Until recently the UK lacked any specific legal form for charities. The CIO was created to remedy this: a corporate body with limited liability, formed purely by registration with the appropriate charity regulator. Since 2008 it has been enshrined in statute in all three UK jurisdictions, though implementation dates only from 2011 in Scotland and from 2013 in England and Wales. The focus of this paper is a comparison of the CIO form in the three UK charity law jurisdictions. It analyses the frameworks for CIOs established in England and Wales, Scottish CIOs (SCIOs) and the (yet to be implemented) CIOs in Northern Ireland. It concludes that whilst the CIO concept is effectively reflected in all three jurisdictions, the differences between these three types of CIOs are much more than just those needed to comply with the different regimes of charity regulation – the differences raise important choices for those seeking to establish new charities operating UK-wide.

Epidemiology of Analgesic Overdose in England and Wales

1984 ◽  
Vol 3 (1_suppl) ◽  
pp. 61s-74S ◽  
Author(s):  
T.J. Meredith ◽  
J.A. Vale
Keyword(s):  
Carbon Monoxide ◽  
Northern Ireland ◽  
Hospital Admissions ◽  
Acute Poisoning ◽  
Paracetamol Poisoning ◽  
England And Wales ◽  
Analgesic Drugs ◽  
Salicylate Intoxication ◽  
The Uk ◽  
Hospital Use

1 The number of deaths from acute poisoning in England and Wales has remained constant at approximately 4000 per annum for the last 10 years despite major changes in the agents responsible. Deaths due to carbon monoxide and barbiturate and non-barbiturate hypnotics have fallen, while those due to psychotropic and analgesic drugs have risen. 2 The number of hospital admissions in England and Wales due to analgesics taken in overdose has risen from 15 940 in 1968 to 24 930 in 1980, with aspirin and paracetamol being the preparations most commonly ingested. Currently, the mortality from salicylate intoxication is falling while that due to paracetamol is rising. In 1980, the Office of Population Censuses and Surveys recorded 790 deaths from analgesic poisoning, of which 181 were due to salicylates and 152 to paracetamol alone. A further 269 deaths were attributed to paracetamol and dextropropoxyphene, and an additional 132 deaths were thought to be due to paracetamol in combination with other drugs. 3 An important factor in the changing mortality from salicylate and paracetamol poisoning is the trend observed in the sales and usage of these agents. Since 1979, the number of analgesic tablets containing aspirin sold in the UK (except Northern Ireland), excluding hospital use, has fallen by 326 x 106, while sales of those containing paracetamol have increased by 395 × 106 tablets.

1. Introduction to the English Legal System

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Northern Ireland ◽  
Legal System ◽  
Essential Information ◽  
England And Wales ◽  
System P ◽  
Parliamentary Supremacy ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This introductory chapter provides an overview of the English legal system (ELS). The study of ELS involves the study of the legal system of both England and Wales; Scotland and Northern Ireland are subject to a separate yet connected legal system. These four countries are subjected to the laws of the UK; however, each individual constituent has devolved powers allowing them to legislate in particular areas. Where a conflict between laws of the UK and laws of the constituent country arises, the UK law takes precedence. The effect of devolution from the UK to Scotland, Wales, and Northern Ireland does not affect this parliamentary supremacy. Indeed, it has been argued for some time that devolution of power has not gone far enough in allowing Scotland or Northern Ireland to govern themselves.

Modern slavery in the United Kingdom: an incoherent response

2018 ◽  
pp. 27-46
Author(s):  
Gary Craig
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
Northern Irish ◽  
England And Wales ◽  
The United Kingdom ◽  
Immigration Legislation ◽  
Modern Slavery ◽  
Uk Government ◽  
The Uk

This chapter reviews developments leading to the enactment of the 2015 Modern Slavery Act in England and Wales and parallel legislation in Northern Ireland and Scotland. It analyses the response of the UK government to growing pressure for legislation, and the failings of the actual legislation put in place, including a comparison with some key elements in its Scottish and Northern Irish counterparts. Despite claims to be world-leading, the Modern Slavery Act has already been found to be deficient in many key areas such as continuing protection for victims and linking slavery and immigration legislation, and is considered to be in need of substantial reform.

The Role of the GP in United Kingdom Mental Health Legislation

2011 ◽  
Vol 4 (12) ◽  
pp. 675-684 ◽  
Author(s):  
Shona N. Bennett ◽  
Mark Harrison ◽  
Michelle Gilmore ◽  
Daniel M. Bennett
Keyword(s):  
Mental Health ◽  
United Kingdom ◽  
Northern Ireland ◽  
Mental Capacity ◽  
Legal Systems ◽  
England And Wales ◽  
Mental Health Legislation ◽  
The Uk ◽  
Health Legislation

GPs may be required to assist in the administration of Mental Health or Mental Capacity Legislation. Although infrequent, this process can be complicated and time consuming. Due to different legal systems, the role of the GP in civil commitment varies considerably throughout the UK. This article aims to give a brief overview of the main pieces of legislation in the different areas of the UK, England and Wales, Scotland and Northern Ireland, and to assist the GP in navigating the practicalities of applying the law to clinical cases.

1. Introduction to the English Legal System

2020 ◽  
pp. 1-18
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Northern Ireland ◽  
Legal System ◽  
Essential Information ◽  
England And Wales ◽  
System P ◽  
Parliamentary Supremacy ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This introductory chapter provides an overview of the English legal system (ELS). The study of ELS involves the study of the legal system of both England and Wales; Scotland and Northern Ireland are subject to a separate, yet connected legal system. These four countries are subjected to the laws of the UK; however, each individual constituent has devolved powers allowing them to legislate in particular areas. Where a conflict between laws of the UK and laws of the constituent country arises, the UK law takes precedence. The effect of devolution from the UK to Scotland, Wales, and Northern Ireland does not affect this parliamentary supremacy. Indeed, it has been argued for some time that devolution of power has not gone far enough in allowing Scotland or Northern Ireland to govern themselves.

scholarly journals Mental health law across the UK

2017 ◽  
Vol 41 (6) ◽  
pp. 305-307 ◽  
Author(s):  
Tony Zigmond
Keyword(s):  
Mental Health ◽  
Northern Ireland ◽  
Medical Treatment ◽  
Health Law ◽  
Mental Health Law ◽  
England And Wales ◽  
The Uk

SummaryThe criteria governing medical treatment without consent in the three legal jurisdictions of the UK – England and Wales, Scotland and Northern Ireland – is discussed.

interests are adversely affected by the claim of the CTM to the UK mark’s seniority must be able to contest the UK registration. Where the UK mark is still registered, this is not difficult. But where the UK mark has been relinquished voluntarily, the registry will have to establish whether it could have been revoked or invalidated if it were still on the register. This is the situation to which the regulations to be made under s 52(2)(b) is directed. Third, there have to be provisions concerning the conversion of a CTM or an application for one into a national application. This is because the CTMR provides for the applicant for, or owner of, a CTM to request that the application or registration be converted if it is refused or withdrawn, or ceases to have effect (wholly or partially). This situation is likely to arise where a CTM application conflicts with an earlier trademark registered in one or more Member States. The CTMR provides then that the applicant can request that the application be converted into national applications in Member States where there is no conflict. The request has to be filed with the CTMO, which passes it on to the national intellectual property offices of the Member States concerned. A national application arising in this way is treated no differently from an application filed in the normal way at the national registry at the date of filing of the original CTM application. Fourth, the regulation requires that the Member States designate courts to be Community trademark courts. Proceedings for infringement will be able to be brought in one such court: its decision will have Community-wide effect. The regulation sets out the rules for determining which Member State’s courts have jurisdiction: this depends on the domicile or place of business of the defendant or plaintiff, or on where the infringement has taken place. If the latter route is chosen, however, the judgment will have effect only in that Member State. The government proposes to designate those courts which presently have jurisdiction to hear trademark infringement cases: the High Court in England and Wales and in Northern Ireland and the Court of Session in Scotland. Fifth, certain provisions of the Act will be applied to Community trademarks too, and these require statutory instruments. They are: -Groundless threats; -Seizure by Customs and Excise of infringing matter; -Fraudulent use of a trademark. All instruments which may be made under these powers will be subject to the negative resolution procedure.

1997 ◽  
pp. 666-666
Keyword(s):  
Intellectual Property ◽  
Northern Ireland ◽  
Member State ◽  
National Registry ◽  
Member States ◽  
England And Wales ◽  
High Court ◽  
Trademark Infringement ◽  
The Government ◽  
The Uk
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