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Law in 101 words

04 February 2010 / Roderick Ramage
Issue: 7403 / Categories: Blogs , Profession
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Snippets from The Reduced Law Dictionary by Roderick Ramage

Affirmative and negative affirmation procedures

Statutory Instruments required to be laid before Parliament come into operation on the date stated without further procedure: Statutory Instruments Act 1946 s4.  If an Act provides for an instrument to be subject to annulment (the negative affirmation procedure) it may be annulled as a result of a resolution of either House of Parliament within forty days: ibid s5. 

The affirmative resolution procedure requires that a draft of the instrument is laid before Parliament and is approved by a resolution.  The European Communities Act 1972 Sch 2 para 2 provides that an instrument not subject to approval is subject to annulment.

Drafting documents

The draftsman must ascertain his client’s intention and the law. Conventionally a document starts with its brief description, date and the names of the parties, recites any background facts which are necessary and then continues with the operative clauses, moving from general to the detail, sometimes putting the latter into schedules. He must include everything that

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

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Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

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One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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