The project to consolidate bankruptcy legislation in Scotland followed a suggestion by the Accountant in Bankruptcy, an executive agency of the Scottish Government, which supervises and administers the process of bankruptcy. Although most of the law proposed for consolidation is already contained in a single Act, the Bankruptcy (Scotland) Act 1985 (the 1985 Act) that Act has been so heavily amended, on so many occasions, that it has lost coherence and rational structure. Many of its provisions (whether sections, subsections or paragraphs) are inordinately long; and numbering has become complex and unwieldy. The primary aim of consolidation is to make the legislation on a particular area of law more accessible for practitioners and for those affected by it, thereby saving time and money. The amendments outlined in Chapter 2 are intended to remove anomalies, to treat like cases in the same way or to omit provisions that are no longer of any practical utility. The amendments are given effect in the Commission's draft consolidation Bill (appendix 2). Considerations of legislative competence and of giving effect to certain provisions in other jurisdictions of the United Kingdom require the various provisions to be divided between a draft Bill of the Scottish Parliament and a draft order of the United Kingdom Parliament under section 104 of the Scotland Act 1998. A draft order is included at appendix 3.

The draft Enhanced Terrorism Prevention and Investigation Measures Bill is intended to be introduced by the Government in response to "exceptional circumstances" which "cannot be managed by any other means". It is complementary to, and if introduced will operate alongside, the existing TPIMs legislation (as set out in the Terrorism Prevention and Investigation Measures Act 2011). If approved by Parliament, this Bill will allow the Government to impose a series of restrictive measures, broadly similar to those available under the control order regime, on certain targeted individuals. The Committee accepted the need for such measures as a preventative tool against suspected terrorists but raised concerns about the role of Parliament in approving their introduction and the threat to security created by "time-limiting" the legislation. To safeguard and better monitor their use, the Committee further called on the Government to institute higher standards of legal review of any use of this legislation.

With the rate of young jobless in the EU still at nearly double its pre-crisis level, and the UK experiencing exceptionally high levels of unemployment, this report calls on the Government to rethink the way it uses European funding. The Government needs to use EU money to support the introduction of a Youth Guarantee, rather than putting the funds towards existing domestic measures such as the Youth Contract. The Youth Contract had underperformed and was not popular in the private sector, while the Youth Guarantee had been successful in other European countries. Five regions in the UK were highlighted in the report as having unemployment levels so high that they qualified for additional EU funding. These areas were: Tees Valley & Durham; West Midlands; South Western Scotland; Inner London; and Merseyside. The Committee is urging the Government use the European funding to run pilot Youth Guarantee schemes in these five areas. Other recommendations made in the report include: a move away from a centralised management of EU funds and make the most of local authorities and Local Enterprise Partnerships, who have links to specialist organisations in their areas; when it comes to careers advice, the Government should use EU money to fund more traditional face-to-face careers advice, rather than focusing on online support; and more needs to be done to address the skills mismatch in the EU - a particular example being in ICT

With correction slip dated January 2014

Royal assent, 17 July 2014. An Act to grant certain duties, to alter other duties, and to amend the law relating to the National Debt and the Public Revenue, and to make further provision in connection with finance. Explanatory notes to the Act will be available separately

Scot. Law Com. no. 212. This report follows a discussion paper on this topic

Corporations Law: Text and Essential Cases is designed as a student text but will be a useful book for practitioners seeking a good, current, concise book on corporations law. Author Julie Cassidy is a proven, successful author and has carefully ensured that the case extracts in this book are long enough to be useful to lawyers needing to cite case authorities in opinions and court submissions.

To mark the 15th anniversary of the convention, this book examines some of the challenges to the international recognition of qualifications. The convention is an essential legal text, but it needs to be put into better practice. How can learners use their degrees and qualifications in a new country, without losing the real value of those qualifications? The authors, who come from a variety of backgrounds, review the policies and practice of recognition, link recognition to the broader higher education policy debate and consider the role of recognition in enabling individuals to move freely across borders.

With House of Commons papers 3-xvii 2008-09

The Law Affecting Valuation of Land in Australia provides a complete resource for practitioners by containing statements of principle and extensive reference to case law, including the facts of each case, counsels arguments, and relevant excerpts from the judgments. This third edition is current to June 11, 2004. The third edition contains short definitions of land, fixtures, and improvements; defines various values with reference to the relevant case law; explains general principles and methods of valuation by reference to statutory provisions and case law; describes categories of land together with factors taken into account in their valuation; gives extensive treatment to valuations for rating and taxing purposes and compensation following compulsory acquisition of land by public authorities; and explains the role and qualifications of a valuer, including the valuers role as an expert witness and the valuation appeals procedure.

A conservation covenant is a voluntary agreement between a landowner and responsible body (charity, public body or local/central Government) to do or not do something on their land for a conservation purpose. This might be, for example, an agreement to maintain woodland and allow public access to it, or to refrain from using certain pesticides on native vegetation. These agreements are long lasting and continue after the landowner has parted with the land, ensuring that its conservation value is protected for the public benefit. Conservation covenants are used in many other jurisdictions, but do not exist in the law of England and Wales. Instead, landowners and responsible bodies are relying on complex and expensive legal workarounds, or the limited number of existing statutory covenants that enable certain covenants to be enforced by specified bodies (for example, the National Trust). This paper considers the following key issues: who should be able to create a conservation covenant?; what should a conservation covenants be for?; should there be public oversight of a new statutory scheme?; how should conservation covenants be created and recorded?; how should a conservation covenant be managed? ; what should happen if there is a breach of a conservation covenant?; when and how should a conservation covenant be modified or come to an end?; could any existing statutory covenants be replaced by a system of conservation covenants?; what will be the impact of introducing a system of conservation covenants? A number of provisional proposals are presented.

This recommendation draws upon a number of sources as well as on the practice of the prosecution services of many Council of Europe member States that enjoy extensive powers outside the criminal justice system. A report, prepared in 2008 at the request of the Consultative Council of European Prosecutors (CCPE) of the Council of Europe, not only illustrated the diversity among legal systems but also showed that public prosecutors in most of the Council of Europe's 47 member States are vested with duties that extend beyond the criminal justice system of their countries. Such powers are based on the various branches of law, with the aim of protecting the public interest as well as the rights and legitimate interests of individuals, especially members of socially vulnerable population groups.

This comprehensive business law text which features briefed cases combines traditional business law coverage with solid treatment of regulatory topics. It meets both AACSB legal environment and CPA exam preparation requirements. Rather than stress the mechanics of law, Clark/Aalberts/Kinder conveys the complexity of the blend of factors that occurs when law is made and applied in resolving disputes. An easy-to-read style spares the students the impenetrable prose of other business law texts. Liberal use of flowcharts, diagrams, charts, briefed cases, and samples of legal instruments helps students learn. Cases are followed by insightful commentaries of sometimes controversial topics and present and analyze the actual political, economic, social, and ethical forces that caused the conflict. A new co-author, Robert J. Aalberts, has been added for the fourth edition. The revision has more chapter problems and 67 new cases. The chapter on "bailments," which had been removed in the previous edition, has been returned to Part V on property. A unique new "A Note to CPA Candidates" at the end of every chapter provides invaluable insights and perspective on what the exam's emphasis and trends have been.

Multilateral and bilateral aid agencies now direct much of their East Asia activities to so-called 'governance' reform. Almost every major development project in the region must now be justified in these terms and will usually involve an element of legal institutional reform, anti-corruption initiatives or strengthening of civil society - and often a mix of all of these. Most are, in fact, major exercises in social engineering. Aid agencies and major multilateral players like the IMF, the World Bank and the Asian Development Bank, are attempting not just to improve governance systems and combat corruption but, implicitly, to restructure entire national political systems and administrative structures. 'Conditionality' puts real weight behind these projects. If successful, they could transform the face of East Asia. Defining 'governance' and understanding 'corruption' are therefore not minor issues of terminology. However, a great deal of optimism is required to believe that social engineering for good governance will succeed in either Indonesia or Vietnam within the foreseeable future. In Indonesia, there is neither the political will nor the mechanism to act, since the legal system is itself utterly corrupted. Better laws have been passed, but they fail in implementation. In Vietnam the problems are somewhat different, but the outcomes are similar. Corruption is widely recognised to be a major political, social and economic issue - even by the Party itself - but few cases are ever tried. The bureaucracy (including the legal system) and the party are so complicit that reform is impossible. These systemic problems point to the basic flaw in the good governance agenda and strategy. A politically powerful alliance of foreign and domestic interests is necessary. Foreign multilateral agencies, donors and NGOs are able to set the international policy agenda, but their domestic allies are politically weak. In the absence of rule of law, the basic institutions of these transitional societies remain largely as they were and there is, as yet, no viable alternative system in either Indonesia or Vietnam. The argument of this book is that more might be achieved sooner by much better understanding of political, legal, commercial and social dynamics in Indonesia and Vietnam, not as they are meant to be but as they are. Multilateral agencies, donors, NGOs, business firms and scholars on the one hand; and local politicians, bureaucrats, business people, lawyers, journalists, academics, and NGOs on the other hand have much usefully to discuss. Only out of that dialogue, a dialogue between the world as it is and the world of ideals, can steady progress be made. This book examines these problems initially in an abstract theoretical sense before testing the frameworks thus established through a series of case studies of Indonesia and Vietnam, two very different Asian states: one (Vietnam) still socialist but in difficult transition from command economy to a limited market structure; the other (Indonesia) embracing a market economy and an emerging democratic system; one with a Confucian legal and political tradition, the other not; one with a socialist, the other a civil law, legal system. The book is divided into three parts. The first, 'Frameworks', establishes some theoretical approaches to the problem of corruption and governance (including a East European example). The second part looks at case studies from Indonesia; and the third part looks specifically at Vietnam. Relevant legislation and judicial decisions can be found in the table of cases and a detailed glossary and list of abbreviations will assist readers unfamiliar with the countries under examination.