Legislation / Legal

MoJ: The issuing of protection orders for those at risk of forced marriage will be more responsive to the needs of victims under new powers which came into force last week. Local authorities can now seek a protection order for vulnerable adults & children without first having to seek leave of the court.

 Forced Marriage Protection Orders can help vulnerable victims in a range of situations depending on what is needed most. Failure to comply with an order could lead to imprisonment.  Courts are also able to initiate steps to return those already forced into marriage back to the UK.
Press release ~ Forced Marriage (Civil Protection) Act 2007 ~ Response to the government’s consultation on third party applications on behalf of victims of forced marriages ~ ForcedMarriage.net ~ Forced Marriage multi-agency practice guidelines ~ Ashiana Network ~ White Ribbon Campaign UK
 
ScotGov: Lord Cullen has published his report concerning the review of the operation of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, which governs the system of judicial investigation of sudden or unexpected deaths in Scotland.
 
Around 14,000 deaths are reported every year.  About half of them are investigated by the Procurator Fiscal as part of the work of the Crown Office and Procurator Fiscal Service.  Since devolution between 35 & 80 fatal accident inquiries are held each year.
Press release ~ Review of Fatal Accident Inquiry Legislation ~ Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 ~ ScotGov: Fatal Accident Inquiries ~ Crown Office and Procurator Fiscal Service
 
WAG: The first ever All Wales Travel Behaviour Code has been published and aims to promote positive behaviour & improve the safety of pupils travelling to school & college.  The Code comes into force at the beginning of the school term in January 2010 and covers all modes of transport, including bus, train, walking & cycling for all learners aged 5 to 19.
 
Schools & local authorities will now have the power to take action against learners who misbehave on their way to & from school or college.  The Code will be incorporated into all schools existing behaviour policies.  Head teachers will now have a statutory right to take action against learners even if they are not on school premises.
Press release ~ All Wales Travel Behaviour Code ~ WAG: Transport
 
HOSection 55 of the Borders, Citizenship and Immigration Act 2009 came into force last week.  It places a duty on the Home Secretary to make arrangements for ensuring that immigration, asylum, nationality & customs functions are discharged having regard to the need to safeguard & promote the welfare of children.  A similar duty is placed on the Director of Border Revenue in respect of the Director's functions.
 
This duty puts the UK Border Agency on the same footing as other bodies that work with children.  It will be a driver for more effective inter-agency working, which is crucial if children are to be kept safe and given the opportunity to thrive.  In particular, the duty will place greater emphasis on participation with local safeguarding children boards.  Statutory guidance has been issued to accompany the new duty.
Press release ~ Statutory guidance on children's welfare
 
ScotGov: Ministers came a step closer to reaching agreement on crofting reform last week with the publication of the analysis of the consultation on the draft Crofting Reform (Scotland) Bill. The responses demonstrate support for the principles of the Crofters Commission becoming more accountable & democratic, for the development of a map-based crofting register and for steps to be taken to tackle absenteeism & neglect.
 
There was less demand for provisions which would enable crofters to secure bank loans against the value of their tenancies (standard securities) or for a requirement that houses built on land that has been ‘decrofted’ must be used as a main residence (the occupancy requirement will not be taken forward). Final amendments are being made to the draft Bill, which is scheduled to be put before Parliament ahead of the Christmas recess.
Press release ~ Analysis of consultation and responses ~ Crofting Inquiry ~ Draft Crofting Reform Bill Consultation Paper ~ Crofting information ~ Crofting Counties Agricultural Grants Scheme ~ Croft House Grants Scheme
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