Court : House of Lords
..... this legislation was consolidated, first in the employment protection (consolidation) act 1978 and then in the 1996 act, these various geographical provisions were put into a single section under ..... rights falling within the directive from being enjoyed by employees who ordinarily worked outside great britain but were temporarily posted here, its repeal was intended to allow the courts to give effect to the directive by interpreting the relevant substantive provisions as applicable to posted workers ..... i shall return later and on which it seems right to infer that the application of at least some parts of the 1996 act was intended to be widened, i do not think that any inferences can be drawn from the repeal of section 196 except that parliament was dissatisfied with the way in which the express provisions were working and preferred to leave the ..... could be found in the brief statement of the minister of state, department of trade and industry (mr ian mccartney) when recommending the repeal of section 196 to the house of commons: see hansard (hc debates) 26 july 1999 ..... one may contrast the case of in re paramount airways ltd [1993] ch 223 in which the court of appeal decided that the provisions of the insolvency act 1986 for setting aside transactions at an undervalue had, as a matter of construction, world-wide application but that the court had a discretion to refuse to make ..... were interpreting the section in a way which frustrated its intention, to reconsider the matter and amend it. .....
Tag this Judgment!Court : House of Lords
..... it provides, of course, ammunition to those who disapprove of the act and desire to agitate for its amendment or repeal. ..... all that can be taken from them is that the strasbourg court allows a wide "margin of appreciation" to the national authorities in deciding "both on the presence of such an emergency and on the nature and scope of derogations necessary to avert it": ireland v united kingdom (1978) 2 ehrr 25, at para 207. ..... the european court decisions in ireland v united kingdom (1978) 2 ehrr 25; brannigan and mcbride v united kingdom (1993) 17 ehrr 539; aksoy v turkey (1996) 23 ehrr 553 and marshall v united kingdom (10 july 2001, appn. no. ..... " in ireland v united kingdom (1978) 2 ehrr 25 the parties were agreed, as were the commission and the court, that the article 15 test was satisfied. ..... it is noteworthy that in ireland v united kingdom (1978) 2 ehrr 25 the european court was considering legislative provisions which were, unlike section 23, neutral in their terms, in that they provided for internment of loyalist as well as republican terrorists. ..... the standard of scrutiny that it set for itself in para 43 was that described by the european court in ireland v united kingdom (1978) 2 ehrr 25, 95, at para 214. ..... european court has said that it will accord a large margin of appreciation to states in their assessment of the question whether the situation with which they are faced constitutes an actual or an imminent emergency: ireland v united kingdom (1978) 2 ehrr 25, 92, para 207. .....
Tag this Judgment!Court : House of Lords
..... that a great part at least of the ratio of the majority was that the property was destroyed, not appropriated for subsequent use, i respectfully accept that distinction for the purposes of the fifth amendment, with which the learned chief justice was dealing; but for the purposes of english common law i prefer the reasoning of the minority, that the destroyed property was as clearly appropriated to winning the ..... concurrent with that 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 hotel). ..... claims, the supreme court held that the wartime destruction of private property by the army to prevent its imminent capture and use by an advancing enemy did not entitle the owner to compensation under the fifth amendment to the constitution, which reads"nor shall private property be taken for public use, without just compensation. ..... decision turned largely on the proper interpretation of the fifth amendment"nor shall private property be taken for public use without just compensation," and it was held that taking for destruction was not taking ..... that case was whether the destruction of the oil installations in manila fell within the fifth amendment, which was in these terms: "nor shall private property be taken for public use .....
Tag this Judgment!Court : House of Lords
..... this act repealed and consolidated with amendments two previous acts - namely, 4 and 5 geo. 5, c. ..... a change has occurred in this consolidation and amendment act, - not in the important words, but in their collocation. ..... 8, which bears the title of "an act to consolidate and amend the defence of the realm acts" - those two acts, namely, to whose provisions i have ventured to call pointed attention. ..... " how strangely in hume's 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. ..... and i presume that that arbitrary act would be defended under the same argument that constitutional rights and liberties, however fundamental and however prized, are all under eclipse, because a regulation for public safety and defence has been expounded and construed to mean a repeal of, inter alia, the act of 1701. ..... if it were otherwise, then every statute and every intra vires rule or by-law having the force of law creating a new offence for which imprisonment could be inflicted would amount, pro tanto, to a repeal of the habeas corpus acts or of magna charta quite as much as does this statute of november 27, 1914, and the regulations validly made under it. .....
Tag this Judgment!Court : House of Lords
..... what, perhaps, is novel is the willingness of 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). ..... opinion of the 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 or guarantee of any loan or the ..... as lord hailsham explained in the dilemma of democracy (collins, london, 1978), 126 the dominance of a government elected with a large majority over parliament has progressively become greater. ..... this process has continued and strengthened inexorably since lord hailsham warned of its dangers in 1978. ii. .....
Tag this Judgment!Court : House of Lords
..... previous responsibilities; but all their powers to provide or arrange residential accommodation for the various adult client groups were brought together in an amended version of section 21(1) of the 1948 act: subject to and in accordance with the provisions of this part of this act, a local authority may with the approval of the secretary of state, and to such extent as he may direct shall, make arrangements for providing: (a) residential accommodation for persons aged eighteen or over who ..... to provide residential accommodation for people needing care and attention and temporary accommodation for people in urgent need, both under section 21 of the 1948 act; and for expectant and nursing mothers and young children under section 22 of the 1946 act; they shared with the health service the power to provide residential accommodation for the prevention, care and after care of illness, and were specifically required to take this responsibility for ..... accordingly, the local authority took the view that he was not currently owed any duty under section 21(1)(a) of the 1948 act because he had no current need for care and attention; and that if later such a duty might arise, it would be excluded by section 21(1a) because the need would arise ..... by the housing (homeless persons) act 1977 which repealed section 21(1)(b) of the 1948 act and imposed specific statutory duties upon local ..... section 21(1)(b), which was repealed by the housing (homeless persons) act 1977. ..... word the repealed provision in .....
Tag this Judgment!Court : House of Lords
..... in 1842 the defence of the realm act was passed to consolidate and amend the laws relating to the services of the ordnance department and the vesting and purchase of lands and hereditaments for those services, and for the defence and security of the realm. ..... if this act and the amending acts prior to 1914 had stood alone it would have been no answer to say that the statutory conditions were inconvenient or unduly cumbrous to meet the exigency of the public service in defence of the ..... consent of the owner unless the necessity or expediency of taking it should be certified by the lord-lieutenant of the county in which the land or hereditament lay, or in the alternative, by one or more of the other public functionaries named, and unless the taking of the land or building or other hereditament should be authorized by a warrant signed by the lord high treasurer or one or more of the commissioners of the treasury of the united kingdom for the time being. ..... but it is not necessary to dwell on their provisions, seeing that the defence act, 1842, repealed all such existing acts and laid down general provisions which have regulated since that time the procedure for the acquisition by the crown of land for such purposes ..... 63) are repealed, but it is provided that nothing in that repeal shall affect any orders made thereunder, and that all such orders in council shall, until altered or revoked by an order in council under this act (i.e. ..... in consequence it was repealed in 1804, and 44 geo. 3, c .....
Tag this Judgment!Court : House of Lords
..... a well-known example was the minister of transport who, under section 26(1) of the ministry of transport act 1919, as amended by schedule 2 to the crown (transfer of functions) act 1946, could be sued "in respect of matters whether relating to contract, tort or otherwise arising in connection with his powers and duties under this act or any enactment relating to highways, by the name of the minister of transport " further details of such situations can be found conveniently in g l williams, crown proceedings (1948), pp 3-5. ..... ii are confined essentially to three types of proceedings: first, proceedings seeking relief which pre-act would have taken the form of proceedings against his majesty by way of petition of right; secondly, proceedings which, under legislation repealed by the 1947 act, would previously have taken the form of an action against the attorney general, a government department, or an officer of the crown as such; and, thirdly, proceedings which a person is entitled to bring against the crown by virtue of the 1947 ..... crown side proceedings were the subject of legislative attention and amendment in sections 7 to 10 of the administration of justice (miscellaneous provisions) act 1938. ..... the act also repealed or amended existing 'sue and be sued' legislation: section 39. .....
Tag this Judgment!Court : House of Lords
..... the 1979 act was repealed by the commissioners for revenue and customs act 2005 (the 2005 act), and para 1 of schedule 11 was amended so that it states that the commissioners are responsible for the collection and management of ..... am aware, only been applied to section 4 of the statute of frauds 1677 (re-enacted in a partial and amended form in section 40 of the law of property act 1925, which has now been replaced by section 2 of the law of property (miscellaneous provisions) act 1989). ..... the sixth directive was repealed and replaced by council directive ..... the many cases where plaintiffs have asserted a conspiracy to injure, but have been unable to prove that any unlawful means were used, judgments in the court of appeal and speeches in your lordships house emphasising the requirement of a predominant purpose to injure have repeatedly included dicta indicating that this requirement does not apply where the means used to ..... viscount cave lc in sorrell v smith at p 714 (means which are in themselves unlawful, such as violence or the threat of violence or fraud); lord wright in crofter at p 462 (quoted in para 75 above, and instancing some statutory offences); lord devlin in rookes v barnard [1964] ac 1129, 1209 (in some of the dicta [on conspiracies] the language suggests that the means must be criminal or tortious ..... point by his earlier disapproval (at p187) of some wide observations made by lord denning mr in an interlocutory appeal in ex parte island records ltd [1978] ch 122. 93. .....
Tag this Judgment!Court : House of Lords
..... the subsection was re-enacted by section 614 of the companies act 1985 and then repealed and replaced by the insertion of the words "after the expenses of the winding up" in section 175(2)(a) of the 1986 act which, it will be remembered, is the current re-enactment of the 1883 act which gave the preferential debts priority in the distribution of the company's free assets. 76. ..... accordingly the preferential payments in bankruptcy (amendment) act 1897 ("the 1897 amendment act") made the preferential debts payable if and so far as necessary out of the proceeds of a floating charge in priority to the debt secured by the charge. 55. ..... preferential payments were created for the first time in corporate insolvency by the 1883 act, not the 1888 act; and if parliament gave such payments priority over the floating charge it was by the 1897 amendment act, not by the 1888 act which merely re-enacted the 1883 act. ..... it is necessary to appreciate what section 2 of the 1897 amendment act and its successors did and, even more importantly, what they did not do. ..... so far as there were insufficient assets after the expenses of the winding up had been paid or provided for to enable the preferential debts to be paid in full, section 2 of the 1897 amendment act and its successors made them payable out of the assets subject to the floating charge. 58. .....
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