Court : House of Lords
..... the meantime the act of 1833 had been repealed and replaced by section 7 of the rating and valuation (miscellaneous provisions) act 1955, which was re-enacted by section 39 of the general rate act 1967. ..... the dispute is over whether all but one of the other buildings are entitled to exemption under the following provisions of paragraph 11 of schedule 5 of the local government finance act 1988 (as amended), which appear under the heading places of religious worship, etc: (1) a hereditament is exempt to the extent that it consists of any of the following (a) a place of public religious worship which belongs to the church of england or ..... first issue is whether the temple is, for the purposes of paragraph 11(1)(a) of schedule 5 to the local government finance act 1988 (as amended), a place of public religious worship and therefore exempt from liability for non-domestic rates. ..... the same expression public religious worship", is to be found in the local government finance act, 1988 and it cannot be supposed, in my opinion, that the legislature intended the expression to bear a different meaning from that which it had borne for over 150 years in the successive enactments in which that expression, or ..... the exemption it must show that each of the buildings that are in question has the characteristics described in paragraph 11 of schedule 5 to the local government finance act 1988, as amended by section 104 and para 3 in part 1 of schedule 10 to the local government finance act 1992. 24. .....
Tag this Judgment!Court : House of Lords
..... ears would have sounded the argument that a law had been passed giving power to the king in council to issue regulations for public safety and defence, and that this meant the repeal of the great act itself and the reintroduction into our constitution and our jurisprudence of "the greatest and most dangerous of all abuses of the forms of law. ..... on the contrary, i humbly think it impossible to look at the statute as a whole without seeing that the whole structure must stand together, that the power in the government to issue regulations is - within the general sphere and purpose of public safety and defence - to prescribe a line of duty and course of action for the citizens so as, in this time of emergency, to bring their private ..... the regulation, for instance, "where it appears to the secretary of state" and "on the recommendation of a competent naval or military authority" is simply equivalent to a declaration that the delegate, to judge and issue, is one department of government, and that that will, of course, act in accord with, and on the recommendation of, those other departments which are presumably versed in the situation. ..... was one thing which parliament did not disclose, but left courts of law to imply - namely, that parliament, all the time and intentionally, left another deadly weapon in the hands of the government of the day under which the remainder of those very acts, not to speak of the entire body of the laws of these islands protective of liberty, would be avoided. .....
Tag this Judgment!Court : House of Lords
..... a jury as that they will neither ask themselves what the actual parties thought of at the date of the contract nor dispose of the case by saying that it would be unreasonable to find a verdict for the claimant nor be governed only by their action of what is fair between man and man nor be left in impenetrable doubt as to what the legal direction means. ..... the appellants contend that they were not liable in the action, on the ground that they were entitled to treat the charterparty as at an end owing to the requisition by the government, and the detention under it, as this amounted to a frustration of the adventure by circumstances beyond the appellants' control. ..... the points of defence allege that the vessels had been requisitioned by the british government, and that the charter was put an end to by such requisitioning from its date, may 11, 1915 ..... this last day the charterers, who had heard that the owners were selling the quito , having got the government to release her, called upon them to deliver the steamer under the charter. ..... fourteenth clause it was provided that throughout the charter losses or damages, whether in respect of goods carried or to be carried, or in other respects, should be absolutely excepted if they arose from certain causes enumerated, among which were the act of god, perils of the sea, and arrests and restraint of princes, rulers, and peoples. ..... the entering into the contract of sale was an act showing that the owners treated the contract of charter as at an end .....
Tag this Judgment!Court : House of Lords
..... it can only be relevant if section 53 (1) of the law of property act, 1925, is treated as a true consolidation of the three sections of the statute of frauds concerned and as governed, therefore, by the general principle, with which i am entirely in agreement, that a consolidating act is not to be read as effecting changes in the existing law unless the words it employs are too clear in their effect to admit of any other construction ..... part, when examined, is seen to contain numerous amendments of various previous statutes relating to real property and conveyancing, apart from the 1922 act itself, and in this sort of matter i cannot see how one can satisfactorily measure the degrees of substance involved in the various changes. ..... i have not, my lords, forgotten the contention that, as the relevant provision substituting what became section 53 of the 1925 act for certain sections of the statute of frauds are to be found in part ii of the third schedule to 'the 1924 act, whereas part i was headed " amendments," the provisions in part ii ought not to be read as amending the existing statutory law if any other reasonable interpretation is ..... statute of frauds sections had not been touched by the act of 1922: but they were in effect repealed and re-enacted in altered form by the operation of section 3 of the 1924 act and the provisions of the third schedule to that act. ..... it repealed the third section and the third schedule of the 1924 act and itself came into force on the 1st january, .....
Tag this Judgment!Court : House of Lords
..... the individual's property rights in opposition to sovereign power has its own history in this country, one much older than even the period of whig governments of the eighteenth century, and it is tied up with the struggle for parliamentary liberties in the preceding century and the mediaeval precedents that were ..... trying to give any exhaustive list of legislation which took over what might otherwise have been the crown's prerogative war powers, there were the two defence of the realm acts of 1914, under which his majesty in council was authorised to issue regulations "for securing the public safety and the defence of the realm" upon certain defined subjects, ..... the reasoning that was adopted by this house, that the continued existence of a prerogative right to take land without compensation was inconsistent with the right to take under the defence acts subject to compensation, and that therefore the prerogative right had been merged or abrogated or suspended, meant that the decision of in re a petition of right was no longer good ..... of the prerogative but subject to certain imposed limits, such as an obligation to pay compensation, the prerogative cannot then act without observing those limits; and if the statutory power were repealed, the prerogative power would apparently re-emerge as it existed before the statute (see the case of de keyser's royal ..... during this period was to gain time to enable the defences of india to be built up; the demolitions were not intended to secure the .....
Tag this Judgment!Court : House of Lords
..... many of the provisions of the 1998 act (but not section 25) have been repealed by the police (northern ireland) act 2000 and replaced by similar sections in that act, but the relevant sections of the 2000 act did not come into operation until 4 november 2001, and as the decision that the respondent was ineligible for promotion was taken before that date the issue continues to be governed by the provisions of the 1998 act. 21. ..... the argument for inspector shields before the house: by making regulations 4 and 6 of the 1995 regulations the secretary of state had exercised his power to regulate the process of promotion; the chief constable could not act inconsistently with the secretary of state's prescribed rules, nor could he add to them; section 22 required compliance, no more and no less; the challenged paragraphs were ultra vires because they introduced criteria not laid down ..... it would seem to me clear that if the secretary of state had taken it upon himself to prescribe a detailed and apparently comprehensive code of regulations governing the procedures to be followed on making appointments and promotions, the criteria to be satisfied, the qualities to be sought and the grounds of disqualification, the power of the chief constable to give directions in this field would have been, ..... section 25(1) of the act gave him a wide-ranging, but in my opinion plainly discretionary, power to make regulations as to the government, administration and conditions of service of members of the .....
Tag this Judgment!Court : House of Lords
..... to tell the house what was being done to counter the threat that the british suspects pose to the life of the nation, it must be assumed in the government's favour that ministers have good grounds for being satisfied that the threat can be properly contained by using the other powers available to the police and security services. ..... the court, after an examination, finds this to be the case; the existence at the time of a 'public emergency threatening the life of the nation' was reasonably deduced by the irish government from a combination of several factors, namely: in the first place, the existence in the territory of the republic of ireland of a secret army engaged in unconstitutional activities and using violence to attain its purposes; ..... the judgment of the strasbourg court covers several important points, but for present purposes it is sufficient to note three points: (a) article 3's prohibition on torture is absolute, and chahal could not be returned to india; (b) his detention during the protracted litigation, lengthy though it was, was not unreasonable or unlawful, but he could be detained only so long as his deportation was the end in view; (c) the limited degree of ..... but in my view it does not follow from those two facts that the government can be said to have acted irrationally in using immigration control as the means of dealing with non-nationals suspected ..... , ammunition to those who disapprove of the act and desire to agitate for its amendment or repeal. ..... repealed. .....
Tag this Judgment!Court : House of Lords
..... taking their cue from the wish expressed by the divisional court, the government introduced a clause into the contempt of court bill, which was designed to make it a contempt of court to publish details of a jury's deliberations or to disclose them with a view to their being published, or with knowledge that they might be ..... in r v mirza [2004] 1 ac 1118, 1146, para 57, it therefore seemed clear to lord slynn of hadley "that in enacting section 8 of the contempt of court act 1981 (primarily with the intention of preventing disclosure by and to the press) parliament did not intend to fetter the power of a court to make investigation as to the conduct ..... does not actually arise for determination, we need say no more than that we reserve our opinion both as to the effect of section 8 on the appeal court's powers under section 104 of the 1995 act and as to whether, in any event, the court would ever use those powers to inquire into a jury's deliberations. ..... he argued, however, that in the particular circumstances of this case, by virtue of section 3 of the human rights act 1998 ("the 1998 act"), section 8(1) had to be interpreted as including such a defence so as to make it compatible with article 10 of the european convention on human rights ..... by the police was referred to the attorney general for him to consider, in terms of section 8(3) of the 1981 act, whether to give his consent to proceedings for contempt of court being instituted against the appellant in terms of section 8(1). .....
Tag this Judgment!Court : House of Lords
..... successive governments of different political colours to invoke the 1949 act not for the major constitutional purposes for which the 1911 act was invoked (the government of ireland act 1914, the welsh church act 1914, the 1949 act) but to achieve objects of more minor or no constitutional import (the war crimes act 1991, the european parliamentary elections act 1999, the sexual offences (amendment) act 2000 and now the 2004 act). ..... april 1911, hc hansard col 1434); "or a bill affecting the continued existence or the prerogative rights, and powers of the crown" (rejected 24 april 1911, hc hansard col 1466); "or bill for modifying this act" (rejected 24 april 1911, hc hansard, col 1498); "or a bill which contains any provision affecting the qualification for the exercise of the parliamentary franchise or affecting the right to vote at any parliamentary election" ..... speaker of the house of commons contains only provisions dealing with all or any of the following subjects, namely, the imposition, repeal, remission, alteration, or regulation of taxation; the imposition for the payment of debt or other financial purposes of charges on the consolidated fund, or on money provided by parliament, or the variation or repeal of any such charges; supply; the appropriation, receipt, custody, issue or audit of accounts of public money; the raising ..... act was repealed by and consolidated in the european parliamentary elections act ..... subsequent statute dealing with the same subject matter cannot repeal. .....
Tag this Judgment!Court : House of Lords
..... its divine king and head, and from him alone, the right and power subject to no civil authority to legislate, and to adjudicate finally, in all matters of doctrine, worship, government, and discipline in the church, including the right to determine all questions concerning the membership and office in the church, the constitution and membership of its courts, and the mode of ..... 563, 568, 569, parker j held that a curate in the church of england was not employed under a 'contract of service' within part i (a) of the first schedule to the national insurance act 1911: 'the position of a curate is the position of a person who holds an ecclesiastical office, and not the position of a person whose rights and duties are defined by contract at all'. ..... from discrimination on grounds of sex, the special commission should give due consideration to the principles contained in the sex discrimination act 1975, whilst recognising that because of the exclusive jurisdiction of the courts of the church to legislate and adjudicate finally in all matters of doctrine, worship, government and discipline in the church, the act does not form part of the law of the church. ..... women to the priesthood, and was thus no longer exempted by section 19, they were nonetheless expressly permitted to continue to discriminate against women in various respects by the (now-repealed) priests (ordination of women) measure 1993, s 6. ..... the pursuer had been appointed a foreign missionary of the church of scotland in india. .....
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