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The consultation paper Fiduciary Duties of Investments
Intermediaries: A Consultation Paper follows on from the Kay Report
on UK Equity Markets and Long Term Decision Making (see below), and
uses pensions as the example, tracing a chain of intermediaries
from the prospective pensioner/saver to the registered shareholder
of a UK company. There are well established duties on pension
trustees to act in the best interests of scheme members, and it
looks at how far these duties require trustees to maximize
financial return over a short time scale, and how far trustees can
consider other factors such as environmental and social impact. The
consultation asks: Whether the law is right to allow trustees to
consider ethical issues only in limited circumstances? Whether the
legal obligations on trustees are conducive to investment
strategies in the best interests of the ultimate beneficiaries? and
if not, what specifically ne
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.
In this report the Law Commission makes recommendations to form the
basis of a revised Electronic Communications Code. The Code was
enacted in 1984 to regulate landline telephone provision. It sets
out the regime that governs the rights of designated electronic
communications operators to maintain infrastructure on public and
private land. In modern times, it applies to the infrastructure
forming networks which support broadband, mobile internet and
telephone, cable television and landlines. This project focuses on
private property rights between landowners and electronic
communications providers; it does not consider planning. The
current Code has been criticised by courts and the people who work
with it as out of date, unclear and inconsistent with other
legislation. The reforms would: provide a clearer definition of the
market value that landowners can charge for the use of their land,
giving them greater confidence in negotiating and giving providers
a better idea of what their network is likely to cost; clarify the
conditions under which a landowner can be ordered to give a
designated network provider access to his or her land, bringing
more certainty to both landowners and providers and helping them to
reach agreements more easily; resolve the inconsistencies between
the current Code and other legislation; clarify the rights of
landowners to remove network equipment from land; specify limited
rights for operators to upgrade and share their network equipment;
and improve the procedure for resolving disputes under the Code. It
will be for Government to draft and implement a revised Code.
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Electoral law - a joint consultation paper (Paperback)
Great Britain. - Law Commission., Great Britain Scottish Law Commission, Great Britain: Northern Ireland Law Commission; Contributions by Lloyd Jones, David Lloyd Jones Lloyd Jones, …
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R1,571
Discovery Miles 15 710
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This Consultation Paper reviews the law governing the conduct of
elections and referendums in the UK, and sets out our provisional
proposals and questions for consultation with the public. This is a
joint project by the Law Commission of England and Wales, the
Scottish Law Commission and the Northern Ireland Law Commission.
This consultation provisionally proposed that kidnapping and false
imprisonment should be replaced by one or more offences set out in
statute. It was provisionally proposed that the offences should be
made triable in a magistrates' court as well as in the Crown Court.
Consultees disagreed, and on further statistical analysis it
appeared that no significant number of kidnapping and false
imprisonment cases result in sentences of less than 6 months'
imprisonment. It was therefore recommended that these offences
remain triable in the Crown Court only, with the existing maximum
penalty of life imprisonment. In line with the model favoured by
consultees, the creation of two distinct statutory offences to
replace the existing common law were recommended: that false
imprisonment be replaced with a new statutory offence of unlawful
detention (a label which we believe better captures the nature of
the offence) and a new statutory kidnapping offence. It was also
recommended to increase of the maximum sentences for these offences
from 7 to 14 years' imprisonment, in order to avoid undesirable
inconsistency between the most serious instances of these offences
and kidnapping offences of a comparable level of seriousness and
that the offence under section 1 be extended to cover cases of
wrongful retention of a child abroad, in breach of the permission
given by another parent (or other connected person) or the court.
This extension would close the gap in the law highlighted in the
case of R (Nicolaou) v Redbridge Magistrates' Court.
Public bodies report that they cannot always share the data they
need to share and, as a result, miss out on opportunities to
provide better services to citizens. At the same time, the
protection of privacy is fundamental to any data sharing regime.
The law surrounding data sharing is complex. Powers to share data
are scattered across a very large number of statutes and may be set
out expressly or implied. In addition, there are common law powers.
In this scoping project the Law Commission considered the following
questions: are there hurdles to effective data sharing between
public bodies (including private bodies engaged in public service
delivery)?; Are those hurdles inappropriate?; How far do problems
in data sharing stem from the law?; How far do problems in data
sharing stem from other causes, such as a lack of training or
guidance, organisational incentives and disincentives?; Would law
reform solve or mitigate the problems? The Commission recommends
that a full law reform project should be carried out in order to
create a principled and clear legal structure for data sharing,
which will meet the needs of society. The scope of the review
should extend beyond data sharing between public bodies to the
disclosure of information between public bodies and other
organisations carrying out public functions.
This Law Commission report looks at the accurate contemporary
reporting of the content of legal proceedings taking place in
public in criminal courts. More specifically, this report focuses
on the power of the Crown Court to order that such reporting be
postponed to avoid prejudice to court proceedings. The Contempt of
Court Act 1981 provides that publication of material which has the
effect of risking serious prejudice to active court proceedings can
in some circumstances be punished as a contempt of court. The
Commission is concerned with all court reporting, whether broadcast
(on television, radio or over the internet) or published
(electronically or in print format) and whether by accredited press
representatives or others such as bloggers. The recommendations
would: ensure that court reporting postponement orders are all
posted on a single publicly accessible website (a similar website
currently operates in Scotland); include a further restricted
service where, for a charge, registered users could find out the
detail of the reporting restriction and could sign up for automated
email alerts of new orders; greatly reduce their risk of contempt
for publishers, from large media organisations to individual
bloggers, and enable them to comply with the court's restrictions
or report proceedings to the public with confidence.
A TSO version of a title previously published by HM Government.
Scandalising the court is a form of contempt of court and a
consultation paper (No.207 ISBN 9780118405324)) was published and
ended in October 2012. An amendment to the Crime and Courts Bill
designed to abolish the offence brought the Commission's
consideration forward in order to produce recommendations in time
to be considered within this legislative process. This report looks
at the arguments for and against abolition as well the conclusions
the Commission comes too.
The twelth programme of law reform includes: Bills of sale;
Firearms: scoping project;; The form and accessibility of the law
applicable in Wales: advisory project; Land registration; Mental
capacity and detention; Planning and development control in Wales;
Protecting consumer prepayments on retailer insolvency; Sentencing
procedure; Wills
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