The following Public Law practice note Produced in partnership with Alison Gorlov of Winckworth Sherwood provides comprehensive and up to date legal information covering:
In last 10 years annual number of statutory instruments passed grew from 71 to 3,286 statutory instruments, demonstrating the increasing codification of UK law and the inexorable move towards secondary legislation.
The Office of the Parliamentary Counsel’s Drafting Guidance is an invaluable reference tool, particularly for primary legislation. As well as providing practical guidance through the drafting and the legislative process, it explains the thinking behind modern drafting techniques. This guidance covers:
the general drafting principle of clarity
specific language related points such as gender neutrality
commonly used drafting techniques
drafting repeals, amendments and modifications of existing enactments
expressing time periods
statutory corporations and bodies corporate
final provisions of a Bill
For more information on how to engage Parliamentary Counsel see Working with Parliamentary Counsel.
Lawyers drafting SIs should equip themselves with Statutory Instrument Practice produced by Office of Public Sector Information (OPSI). Designed for civil servants and others concerned with the preparation and making of statutory instruments (SIs), it is a detailed guide to SI preparation and procedure and includes templates and drafting examples. The National Assembly for Wales publishes a largely procedural manual and for Scottish statutory instruments there is a separate Practice Manual prepared by the Scottish Government.
The statutory rule book for legislation is the Interpretation Act 1978 (IA 1978), in particular the main principles of the Act (IA 1978, ss
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
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