Acts / White Papers

The articles on this page all contain information relating to White Papers and Acts.

 

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3/3/2016 - New provisions relating to byelaw-making under the Public Health Act 1875 s 164 and the Open Spaces Act 1906 ss 12, 15

 

The regulations relating to the alternative provision for the making of byelaws can be located on the Acts/White papers page of our website.

 

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[38] DATA PROTECTION

 

The Data Protection Act 1998 came into force on 1 March 2000. The Act gives effect in UK Law to the 1995 EC Data Protection Directive. It strengthens and extends the data protection regime created by the Data Protection Act 1984 which it replaces. It provides the statutory framework for the use of computerised information (including microfiche, audio and visual systems) and also certain manual records about living identifiable individuals in the United Kingdom. The Act does not prohibit disclosures of such information to third parties but it regulates the circumstances in which they can be made. It gives enhanced “subject access rights” and creates a new category of “sensitive information”. It also prohibits the transfer of personal data to countries which do not have an “adequate level of protection”.

 

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[78] EQUALITY ACT 2010

 

This Legal Topic Note covers the provisions of the Equality Act 2010 (‘the 2010 Act’) which, in the main, came into force on 1st October 2010. The 2010 Act replaces and brings together previous legislation (such as the Sex Discrimination Act 1975, Race Relations Act 1976, the Disability Discrimination Act 1995 and the Equal Pay Act 1970).

 

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5/12/2011 - LOCALISM ACT 2011 PROVISIONS OF INTEREST TO PARISH COUNCILS

 

These guidance notes fairly represent the state of the law at the date of this course.

 

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15/11/2011 - THE LOCALISM ACT NOVEMBER 2011

 

NALC Policy Briefing P44-11

 

17 November 2011

 

THE LOCALISM ACT NOVEMBER 2011

 

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[50] THE AGRICULTURAL TENANCIES ACT 1995

 

The Agricultural Tenancies Act 1995 (the 1995 Act) came into force on 1st September 1995 and introduces new provisions for the de-regulation of agricultural tenancies. The aim of the 1995 Act is to introduce greater flexibility, so that the relationship between landlords and tenants is primarily governed by the agreement between them rather than the legislation relating to agricultural holdings.

 

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[37] FREEDOM OF INFORMATION

 

The Freedom of Information Act 2000 (‘the Act’) was passed on 30 November 2000. The Act is enforced by the Information Commissioner (see below at paragraph 41 for address) who also has responsibility for data protection issues. NALC has issued several legal briefings (e.g. relating to fees and certain exemptions) with respect to the application of the Act to local councils and these should also be referred to.

 

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[70] CLEAN NEIGHBOURHOODS AND ENVIRONMENT ACT 2005

 

Local councils have a number of powers to control litter pursuant to the 2005 Act. Those powers are set out in detail in LTN 16 (Control of Litter) and are not discussed further in this LTN. The purpose of this Note is to advise local councils of the powers of principal authorities under the 2005 Act so that local councils can make appropriate representations to them in appropriate cases.

 

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[71] NAMING AND NUMBERING OF STREETS

 

There are two separate, and mutually exclusive, sets of statutory provisions which govern the naming and numbering of streets in England and Wales (outside Greater London). The provisions are contained in

 

a) Sections 64 and 65 of the Towns Improvement Clauses Act 1847, and s.21 of the Public Health Acts Amendment Act 1907, and

b) S.17, s.18 and s.19 of the Public Health Act 1925.

 

 

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[51] THE AGRICULTURAL HOLDINGS ACT 1986

 

This Legal Topic Note relates to tenancies pursuant to the Agricultural Holdings Act 1986 (the 1986 Act). Most new agricultural tenancies will be subject to the Agricultural Tenancies Act 1995 which is covered in LTN 50. There are limited circumstances in which tenancies can now be granted pursuant to the 1986 Act (usually where a 1986 Act tenancy already exists) and councils should contact NALC for further details. Although not appropriate for tenancies which are wholly new, this Note will still be of relevance to those who have existing tenancies pursuant to the 1986 Act.

 

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[24] THE HUMAN RIGHTS ACT 1998

 

The Human Rights Act 1988 (the 1988 Act) (which came into effect in October 2000) incorporates the European Convention on Human Rights into UK law (England, Wales, Scotland and Northern Ireland). Prior to the Act, any party who believed that his convention rights had been breached was required to take his case to the European Court of Human Rights (ECHR) in Strasbourg. The aim of the Act is to incorporate all the provisions of the Convention into UK law so that individuals can benefit from their rights in the UK courts; without having to go to Strasbourg.

 

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[36] UNFAIR CONTRACT TERMS ACT 1977

 

The aim of the 1977 Act was to regulate two contractual principles which had developed prior to the introduction of the Act. The two principles enabled:

  • contracts to contain clauses which exempted one party from any liability to the other even where the other had been killed or injured by the fault of the first party; and
  • notices to be used to disclaim liability for actions or situations not arising from contract.

 

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LOCAL GOVERNMENT AND AUDIT ACT - THE OPENNESS OF LOCAL GOVERNMENT BODIES REGULATIONS 2014

 

Draft Regulations laid before Parliament under section 43 of the Local Audit and Accountability Act 2014, for approval by resolution of each House of Parliament.

 

DRAFT STATUTORY INSTRUMENTS 2014 No.

 

LOCAL GOVERNMENT, ENGLAND

 

The Openness of Local Government Bodies Regulations 2014

 

Made - - - - ***

Coming into force in accordance with regulation 1

 

The Secretary of State in exercise of the powers conferred by section 40 of the Local Audit and Accountability Act 2014(a), makes the following Regulations:

 

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SURVELLANCE CAMERA CODE OF PRACTICE

 

Surveillance Camera Code of Practice

 

Home Office

June 2013

 

Presented to Parliament Pursuant to Section 30 (1) (a) of the Protection of Freedoms Act 2012

 

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