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Publication - Guidance

Guidance on instructing Counsel: common legislative solutions

Published: 16 Jan 2018
Part of:
Law and order
ISBN:
9781788513722

This guidance is intended to help officials to develop policy and produce instructions for primary legislation of certain commonly occurring types.

74 page PDF

804.0kB

74 page PDF

804.0kB

Contents
Guidance on instructing Counsel: common legislative solutions
Footnotes

74 page PDF

804.0kB

Footnotes

1. References to Ministers should be read as including Northern Ireland Departments.

2. The Public Bodies Unit of the Scottish Government wishes to be consulted on all draft legislation in Scotland for new public bodies and public appointments, with a view to ensuring greater consistency in governance arrangements; the Unit has its own guidance on the establishment of new public bodies and keeps a comprehensive list of other legislation that may potentially apply (see the Annex to this Chapter for the most commonly applying). Cabinet Office Guidance on public bodies is also available at https://www.gov.uk/government/publications/public-bodies-information-and-guidance

3. See for instance section 51A(2F) of the Health and Safety at Work Act 1974. The Office of the Advocate General should be consulted on this issue.

4. These are the ( UK) Comptroller and Auditor General, the Comptroller and Auditor General for Northern Ireland, the Auditor General for Scotland and the Auditor General for Wales.

5. In Scotland it should be noted that if the Public Appointments and Public Bodies etc. (Scotland) Act 2003 is applied to the new body, the maximum total length of appointment would be 8 years, as per the code of practice of the Commissioner for Ethical Standards in Public Life in Scotland.

6. In NI, references to Ministers are to be read as references to an NI department.

7. Many statutes conferred this function on a stipendiary magistrate. This office has now been replaced by that of summary sheriff: see sections 5 and 128 and Schedule 5 of the Courts Reform (Scotland) Act 2014.


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