Court : House of Lords
..... the persons who will be liable. only indirectly will they determine the time of liability. 22. so much was recognised by section 94(6), which was inserted by the finance (no 2) act 1992, the same act which gave the commissioners the powers under which they made the regulations to give effect to the directive. subsection (6) ..... be removed from warehouses without payment of duty "in such circumstances and subject to such conditions as they may determine". section 1(1) of the finance (no 2) act 1992, which comes within a group of sections headed "abolition of fiscal frontiers etc", was clearly intended to enable the united kingdom to give effect to the directive. ..... says that the preceding provisions of section 94 "so far as they have effect for fixing the excise duty point or determining the .....
Tag this Judgment!Court : House of Lords
..... states, all respecting the principle of non-refoulement, are considered as safe countries for third-country nationals. 50. this background explains the language in which section 33 of the 2004 act introduces schedule 3. (1) schedule 3 (which concerns the removal of persons claiming asylum to countries known to protect refugees and to respect human rights) ..... have, for want of other options, applied for asylum in greece. the number of applications increased from 4,500 in 2004 to over 25,000 in 2007. 28. the effect of these changes in patterns of migration and the dublin requirement that greece should be responsible for all asylum seekers who enter the european ..... by migrants is partly the result of more effective coastal surveillance by other mediterranean member states such as italy and spain. irregular boat arrivals in spain in 2007 were half what they had been in the previous year, while those in greece, which has 18,400 kilometres of coast line, including islands close to turkey .....
Tag this Judgment!Court : House of Lords
..... schools where she could wear the jilbab, but she did not apply to them. an approach by her solicitor to the dfes for a direction under sections 496-497 of the education act 1996 was fruitless. 17. during this period, according to the school, work was set by the school for the respondent to do at home and ..... authority to follow the sort of reasoning process laid down by the court of appeal. this pragmatic approach is fully reflected in the 1998 act. the unlawfulness proscribed by section 6(1) is acting in a way which is incompatible with a convention right, not relying on a defective process of reasoning, and action may be brought under ..... is whether, in the circumstances i have described, shabina was subjected to an exclusion from school that was unlawful under ordinary domestic law. sections 64 to 68 of the school standards and framework act 1998 deal with exclusions of pupils from school on disciplinary grounds. procedures are prescribed which must be followed if the exclusion is to be .....
Tag this Judgment!Court : House of Lords
..... for income derived from employment in the public service. it is unnecessary to go further back than the income tax act of 1842 the provisions of which were incorporated in every customs and inland revenue or finance act up to 1918, when the present consolidation act was passed. i need not repeat the familiar schedules altered and ex- tended by the ..... but had they any option in the matter in my opinion they had none and the assessments made under schedule a were not only proper but obligatory. section 1 of the act of 1918 enacts that income tax is to be charged in respect of all property, profits or gains respectively described or comprised in the schedules marked ..... rules applicable to schedule a provide (no. vii, rule 4) that tax under this schedule shall be charged on all lands, tenements and hereditaments. i may refer also to section 110 (1) which enacts that '' the assessments under schedules a and b for any parish shall contain (a) the full and just annual value of all lands, tenements, .....
Tag this Judgment!Court : House of Lords
..... the choice made (s 30(2)(b)). mental disorder for this purpose has the same meaning as in section 1 of the mental health act 1983 (s 79(1)). at the material time (before the amendments made by the mental health act 2007 came into force) mental disorder meant mental illness, arrested or incomplete development of mind, psychopathic disorder and ..... brain, for example head injuries or strokes, which prevent them communicating as well as people with disorders of the mind which have the same effect. 30. section 30 of the 2003 act, however, is only concerned with people who are unable to refuse because of or for a reason related to a mental disorder (s 30(1)(c ..... have been summarised for us by the parties as follows: whether the decision of the court of appeal . . . has unduly limited the scope of section 30(1) of the sexual offences act beyond that which parliament intended. specifically (a) in holding that a lack of capacity to choose cannot be person or situation specific (b) in holding .....
Tag this Judgment!Court : House of Lords
..... an agreement to grant a lease is certainly an interest in land; it is registrable as an estate contract class c (iv): see land charges act 1925, section 10; land charges act 1972, section 2(4). so here we have the case of an agreement being effectually discharged by frustration notwithstanding that it has created an estate or interest in land ..... distinction between the charter of a ship by demise (see blane steamships ltd. v. minister of transport [1951] 2 k.b. 965; law reform (frustrated contracts) act 1943. section 2(5) (a)) and a demise of land: compare, for example, a short lease of an oil storage tank and a demise charter for the same term of ..... be frustrated. this was sufficiently well established by 1943 to make these charters worthy of an express exception upon an exception in the law reform (frustrated contracts) act 1943 section 2(5), and since then the suez cases have supervened. there would be something anomalous in the light of what has been going on recently in the shatt .....
Tag this Judgment!Court : House of Lords
..... to make a definite charge against a person who has been arrested without a warrant has been impliedly affirmed by the legislature. sec. 22 of the criminal justice administration act, 1914, which replaced sec. 38 of the summary jurisdiction act, 1879, provides that on a person being taken into custody for an offence without a warrant, a superintendent .... may in ..... time of his arrest, and during the period described in the order of the court of appeal as the first imprisonment, was a charge under sec. 507 (1) of the liverpool corporation act. it is beyond doubt that the appellants had no right to arrest the respondent without a warrant on that charge. there is, i think, ..... instituted by the issue of a summons, it is clear law that the warrant or summons must specify the offence. this rule is now embodied in section 32 of the criminal justice act, 1925, but it is a principle involved in our ancient jurisprudence. moreover, the warrant must be founded on information in writing and on oath and, .....
Tag this Judgment!Court : House of Lords
..... life, in addition to lesser offences. he was released from custody on 13 october 1998 under the terms of the northern ireland (sentences) act 1998. by section 3 of that act, before a prisoner was eligible for release several conditions had to be satisfied, including that he was not a supporter of a terrorist organisation, ..... j) dismissed the appellants appeals. 43. the fair employment and treatment (northern ireland) order 1998 replaced with amendments the fair employment (northern ireland) acts 1976 and 1989. section 19 of the 1998 order makes it unlawful for an employer to discriminate against a person, in relation to employment in northern ireland, by, inter alia ..... opinion could ever have qualified as a political opinion (para 73). 61. the court of appeal returned to the issue in ryder v northern ireland policing board [2007] nica 43, [2008] nijb 252. the respondent in that appeal, a well known northern ireland journalist, had brought an application to the fair employment tribunal .....
Tag this Judgment!Court : House of Lords
..... proper to consider with what object the regulation was made. this appears clearly from the terms of the empowering statute, the emergency powers (defence) act, 1939- by section 1 (i) of that act "his majesty may by order in council make such regulations as appear to him to be necessary or expedient ior securing the public safety, the ..... by counter-espionage. even to refuse the disclosure may give dangerous hints to the enemy. a hearing in camera is no doubt permissible (in particular under section 6of the defence act), but a hearing in camera, if the public called for full disclosure, would not satisfy the public conscience, and in matters of this delicacy leakage must ..... the power we are here concerned with is to take preventive measures in the nature of internment which will last only for a limited time. (see section 11 of the act.) there is no charge against the appellant. my lords, i think we should approach the construction of regulation 18b of the general regulations without any general .....
Tag this Judgment!Court : House of Lords
..... intention appears, . . . (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under that enactment. section 23 of the 1978 act applies the act to subordinate legislation just as to acts of parliament and, by section 21, provides that: 'subordinate legislation means orders in council, orders, rules, regulations, schemes, warrants, bylaws and other instruments made ..... on 12 june 2006, next, on reconsideration by a panel of the asylum and immigration tribunal chaired by the deputy president, mr ockelton, on 5 february 2007, and finally before the court of appeal (buxton, longmore and richards llj) ([2008] ewca civ 308) on 10 april 2008. leave to appeal was given ..... particular time the secretary of state will exercise her discretion with regard to the grant of leave to enter or remain. section 33(5) of the 1971 act provides that: this act shall not be taken to supersede or impair any power exercisable by her majesty in relation to aliens by virtue of her .....
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