Blackstone's Guide – serie

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Corporate Manslaughter Act 2007 establishes a statutory offence of manslaughter through gross negligence for organizations whose acts or omissions, in breach of a duty of care, cause the death of a person. It has swept away the common law and provided for an offence, liability for which is part decided by the judge and part by the jury at trial. For the first time, Crown immunity has been removed and named departments and government bodies can face prosecution where such a death has occurred. This book covers in detail all the elements of the new offence and provides a full, clear analysis both of the Act and the common law principles involved in determining the existence of a relevant duty of care. It will be of benefit to all legal practitioners and others advising organizations on the impact of the new offence and upon potential liability for corporate manslaughter. Its logical style and careful analysis of the provisions make it an essential purchase for all those involved in a corporate manslaughter investigation or subsequent prosecution.

The Blackstone's Guides Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Department of Trade and Industry has been conducting a major revision of consumer credit law over the past few years. Its proposals on substantial changes to existing law were contained in its White Paper published in December 2003: Fair, Clear and Competitive - The Consumer Credit Market in the 21st Century. Since then, this programme has been implemented by a series of new statutory instruments and a major new Consumer Credit Act which runs to 70 sections and revolutionises the present law and practice of consumer credit. The new Act principally amends the Consumer Credit Act 1974, which is the statute governing the licensing of, and other controls on, traders concerned with the provision of credit or the supply of goods on hire or hire-purchase to individuals. Significant changes brought in by the new Act include the following;· The re-definition of "consumers" whose agreements are to be regulated by the Act and financial ceilings on consumer credit and hire agreements removed· The consequences of trading without a license are to be made more severe and the whole process of licensing to be modernised· Consumer credit is to be brought within the remit of the Financial OmbudsmanThis Guide covers all of these new provisions, together with the growing importance of the internet and electronic technology to this area of the law, whilst also placing the new Act in the context of what has gone before. The commentary in the Guide is structured in a clear and logical way, thus enabling readers to quickly access the information they require.

In the immediate aftermath of the London bombings on the 7th July 2005, the government announced very quickly that new anti-terror legislation was to be swiftly enacted. The resulting Terrorism Act has been the subject of intense political and legal debate, and creates a number of new terrorist offences including; - The Encouragement of Terrorism- The Dissemination of Terrorist Publications- The Preparation of Terrorist Acts- Training for Terrorism- Attendance at a place used for Terrorist Training The new Act also and particularly controversially, extends the time during which police may detain suspects without charge. These new offences combined with the recent establishment of a specialist prosecution unit dealing with terrorist prosecutions, means that investigation into terrorist offences is predicted to become intense and controversial, leading to a far greater number of prosecutions. Similarly, the aggressive use of investigative powers is expected to lead to challenge in the High Court by way of proceedings for judicial review, and there may be challenges to the legality of certain provisions in the higher domestic Courts and in the European Court of Human Rights. This new Blackstone's Guide offers comprehensive coverage on the new Act, whilst also placing it in the context of what has gone before, namely; The Terrorism Act 2000; The Anti -Terrorism, Crime and Security Act 2001; The Regulation of Investigatory Powers Act 2000; the Prevention of Terrorism Act 2005; and the Serious Organised Crime and Police Act 2005. This body of anti-terror legislation is dealt with in logical order, tracing the criminal process through investigation and arrest right through to prosecution and appeal. At each stage the legislation is discussed with reference to Hansard, the common law, authority in UK and abroad in relation to principles of jurisdiction, human rights, the rules of evidence, and other criminal justice statutes. The book provides clear guidance as to how the new procedures and offences can be both implemented and challenged effectively, before trial and at trial, and includes the full text of the Terrorism Act 2006. The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

The new Act radically overhauls existing law, setting out a modern framework for charities and not-for-profit organisations. This new Blackstone's Guide provides the full text of the long-awaited Charities Act, together with an expert chapter by chapter commentary. The commentary logically follows the structure of the Act, and provides a careful analysis of its key changes, notably: the expansion of heads of charitable purpose; measures to facilitate charity merger; new support for charity trustees (eg, relief from liability for honest mistakes); and the introduction of a new independent Charity Appeal Tribunal. The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer timely and expert commentary on the meaning and effects of the legislation, plus a copy of the Act itself. The Guides are a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

This new Blackstone's Guide provides the complete text of the Companies Act 2006, together with a clear explanation of the legislation and its impact. The Companies Act is a major piece of legislation - comprising 1300 sections and 16 schedules. It represents an attempt to reform company law for the 21st century in accordance with the Government's stated objectives of encouraging small companies, promoting shareholder involvement and fostering a long term investment culture. It puts whole areas of company law which are the product of the common law such as directors' duties and derivative actions on a statutory basis for the first time, and implements EU Directives on Takeovers and Transparency Obligations.The 2006 Act almost completely consolidates companies legislation in one place with only a few minor provisions remaining in the 1985 Act. This Guide provides a clear analysis of the new legislation, explaining both its genesis and likely effect. The authors adopt a topic-based approach, focussing on the most important changes and developments for both private and public companies. The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer timely and expert commentary on the meaning and effects of the legislation, plus a copy of the Act itself. The Guides are a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Mental Health Act 2007 introduces substantial amendments to the Mental Health Act 1983 and the Mental Capacity Act 2005, including the new Bournewood safeguards to bring domestic law into line with human rights law following HL v United Kingdom (2004). The 2007 Act is expected to come into force in October 2008.This practical guide contains a chapter by chapter analysis of the amendments in two parts: Part I, 'Reform of the Mental Health Act 1983 Act', and Part II 'The Mental Capacity Act 2005 and its amendments'. Where appropriate the Human Rights Act implications of the changes are considered.Part I contains a discussion of the background to the reform of the Mental Health Act 1983 with a detailed analysis of the changes made to it by the 2007 Act, in particular:· amendments to the criteria for guardianship and detention· additional safeguards for patients in relation to admission and detention· the new procedure for Supervised Community Treatment (SCT)· amendments to the provisions for medical treatment under Part 4 and new Part 4A of the 1983 Act for community patients on SCT· other amendments, including those which authorise new categories of professional to exercise powers under the 1983 Act Part II gives an overview of the law governing substituted decision-making for incapacitated adults and children in personal welfare matters, both at common law and under the Mental Capacity Act 2005. It explains how the law will apply after the 2005 Act comes into force from 1 October 2007 and as it will be amended by the 2007 Act after October 2008. Chapters include· common law principles governing care and treatment of the incapacitated · care and treatment under the 2005 Act, including advance decisions, lasting powers of attorney, personal welfare decisions of the new Court of Protection and court-appointed deputies, and the appointment and role of Independent Mental Capacity Advocates (IMCAs)· detention for care and treatment: the Bournewood and HL v United Kingdom judgments and detention under the 2005 Act in its current form and as amended· the new 'standard' and 'urgent authorisation' detention procedure in Sch. A1· representation of Sch A1 detainees, including new s 39A-D IMCAs· the Court of Protection, the Public Guardian and Court of Protection Visitors· Sch 1A and the interface between the 1983 Act and the 2005 Act

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. They offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. The guides provide a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Mental Capacity Act 2005 came into force in stages from April 2007 and will be implemented in full on 1 October 2007. The Act impacts on approximately 2 million people. It introduced new decision-making mechanisms which allow financial, welfare and healthcare decisions to be taken on behalf of persons lacking the mental capacity to make such decisions such as the making of advance refusals of treatment (a form of living will); and the creation of lasting powers of attorney, so allowing the appointee to make decisions on finance, health and welfare after the donor has become incompetent to make the decisions themselves. The new edition of this popular Guide, has been thoroughly updated to take account of the impact of the Mental Health Act 2007, new Codes of Practice to the MCA 2005, and new Court of Protection Rules. It has expanded analysis of the issues which arose in the Bournewood decision. It provides a clear and comprehensive guide to the scope and implications of Mental Capacity legislation and advice on how to ensure best practice.This portable guide contains a copy of the Act, the Code of Practice, Regulations regarding Lasting Powers of Attorney and the Court Rules for the Court of Protection. This is an invaluable resource for all lawyers and professionals working in this complex area.

This book analyses, explains, and evaluates the Government's flagship criminal justice legislation, the Criminal Justice Act 2003. It provides an accessible commentary on the wide ranging and complex changes introduced by the Act, which will leave few areas of the criminal justice system untouched. The Act starts with changes to police powers, bail, cautioning, and pre-trial disclosure, and moves on to the abolition of committal proceedings and the introduction of the possibility of trials on indictment without juries. It then goes on to provide for prosecution appeals and a broad range of offences where a trial following acquittal can exceptionally be allowed. The rules on evidence are significantly reformed providing firstly, a much wider basis on which evidence of bad character (including previous convictions) can be admitted, and secondly, for the admissibility of hearsay 'where it is not contrary to the interests of justice' to admit it. The Act also provides a major restatement and reform of the sentencing framework and the provisions for release on licence, and abolishes most of the categories of exemption from the duty to perform jury service.Anyone working in the Criminal Justice System or interested in its operation will welcome this guide, which provides invaluable insights into the purposes of the Act and a detailed explanation of its provisions. The book also includes the full text of the Act.

The Sexual Offences Act will be a significant and far-reaching piece of legislation which codifys and revises the existing legislation relating to sexual activities. A considerable number of new crimes will be introduced or redefined, along with the criminalization of certain types of conduct not previously covered by legislation. This book provides a full, clear analysis of the Act, and covers in detail issues such as rape, child sexual abuse, adults with mental disorders and learning disabilities, sex offenders, and recent developments in the law of evidence. Includes a full copy of the Act.

The Blackstone's Guide Series is a well established series of practical guides to the latest new legislation. The Guides all contain a full copy of the Act together with commentary on the effects, extent and scope of the legislation. The Guides are concise, accessible and clearly laid out, essential tools for those practising in the area.The Extradition Act 2003 came into force on 1st January 2004. The Act is a major piece of legislation and will radically overhaul current extradition procedure with the aim of simplifying and speeding up the extradition process. It will give effect to the European Arrest Warrant, which for the first time will allow foreign warrants to be directly enforced in the UK. The Act also contains important human rights protections for the fugitive and so the inter-relationship between extradition and human rights is fully covered in the text. This Guide places the new Act in the context of the previous extradition regime and provides a full commentary on the Act.Although the Act will replace the current wide array of provisions contained in the Extradition Act 1989, many of its provisions are derived from the existing regime. The Guide therefore draws on existing case law in order to make sense of the new Act for the reader. The Guide deals with the extradition process in chronological order and is fully cross-referenced, allowing for easy use in court.In addition, the Guide will contain useful appendices including the European Arrest Warrant making it an essential reference work for all those practising in the extradition and international crime field.

The Blackstone's Guide Series is a well established series of practical guides to the latest new legislation. The Guides all contain a full copy of the Act together with commentary on the effects, extent and scope of the legislation. The Guides are concise, accessible and clearly laid out, essential tools for those practising in the area.The Anti-Social Behaviour Act 2003 comes into force in stages from February 2004. It is a far-reaching Act, creating new powers for the courts, the police, and local authorities to combat a wide range of behaviour (from truancy to noise nuisance; graffiti to drug dealing; fly-tipping to firearms). It makes major amendments to a wide range of existing legislation (including the Housing Acts 1985, 1988 and 1996, the Environmental Protection Act 1990, the Public Order Act 1986, the Education Act 1996, the Crime and Disorder Act 1998, the Criminal Justice and Public Order Act 1994, the Firearms Act 1968 and the Police Reform Act 2002). Its impact in all these fields is significant. This Guide takes a practical and critical approach to the Act, providing full commentary and background information on its provisions.The Guide provides the full context for the many piecemeal and unconnected amendments made by the new provisions, including where necessary, details of the existing law and an overview of where the changes made by the Act will fit within the law as a whole. The Guide is structured clearly and logically, following the Parts of the Act, and is an indispensable reference aid for practitioners in any of the areas touched on by the Act, but particularly, in housing, environmental, education and criminal law.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Asylum and Immigration (Treatment of Claimants) Act 2004 is the third major piece of legislation in this area in the last 5 years and will introduce a number of radical changes to the current Asylum system. The Act plans to re-shape the way in which immigration appeals are handled as well as introducing significant changes in practice and procedure. For example, new criminal offences are created in relation to documentation and trafficking; rights to challenge removal to a 'safe third country' are removed; asylum support for families who have no further appeal against a failed asylum claim is ended and there are new enforcement powers for immigration officers including powers of entry, search and arrest.The Guide is written by an experienced team of Immigration barristers from Doughty Street Chambers. Structured in a clear and logical way following the parts of the Act, it provides an up-to-date guide as to how the law now works and is an essential purchase for practitioners and organisations working in this fast changing area of the law.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Disability Discrimination Act 1995 (DDA) will be significantly amended as a result of the Disability Discrimination Act 1995 (Amendment) Regulations 2003. The Regulations introduce new concepts of discrimination, extend the scope of the Act and create new exemptions. They came into force on 1 October 2004, and on the same day the 'premises adjustments' provisions of the DDA also come into force. These will require service providers to make physical adjustments to their premises to accommodate disabled people. These two very significant pieces of legislation will thus have a considerable impact on everyday working practice across a wide range of sectors, including employment, education, housing, transport, and the provision of goods and services.This practical and easy-to-use Guide contains copies of the legislation and detailed commentary and is therefore a vital companion for anyone working in or seeking to understand this complex area of the law. including barristers, solicitors, service providers and advisors.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.The Domestic Violence, Crime and Victims Act 2004, introduces new powers for the police and courts to tackle offenders whilst ensuring that victims get the support and protection they need. The Act received Royal Assent at the end of 2004 and will have a significant impact on existing law and practice. Implementation of the Act will be rolled out in stages from April 2005. The new Act creates a number of important provisions for example: there are new procedures to deal with multiple offending; breach of non-molestation orders becomes a criminal offence; and causing or allowing the death of a child or vulnerable adult becomes a new offence.The Blackstone's Guide to the Domestic Violence, Crime and Victims Act 2004 provides a full, clear analysis of the Act and a detailed explanation of its many provisions. The Guide also explains how the Act interrelates with and amends related legislation. Criminal and family law practitioners, advisory services and support groups will find this an invaluable resource.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.The Pensions Act 2004 is the most substantial change to pension law and practice since the Pensions Act 1995. The new provisions provide a statutory framework for the government's proposals for pension reform, and form part of a wider package of measures for restructuring the basis of state and private pension provision. The new Act also sweeps away and replaces large portions of the existing regulatory regime for pensions.The Act comes into force in stages from April 2005 and introduces many important changes to pensions regulation, including: new scheme specific funding requirements; a new pensions regulator armed with wide powers to protect members' interests; and the introduction of a pension protection fund to meet certain benefits in the event of scheme failure. Together with the government's tax simplification proposals, contained in the Finance Act 2004, the Act will radically alter the conditions under which UK occupational pension schemes (and defined benefit schemes in particular) operate.This practical Guide puts the provisions of the Act into context, and provides a clear and concise explanation of the impact of the changes introduced. The Guide contains a full analysis and explanation of the legislation plus a copy of the Act. It is an invaluable resource for practitioners, employers and trustees in the field.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislation changes and amendments. Published within weeks of an Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Identity Cards Act 2006 is a major piece of legislation which will fundamentally change the relationship between the state and the individual for people of all nationalities residing in the UK for more than three months. The Act will affect the operation of much existing legislation, including; the Data Protection Act 1998; the Police and Criminal Evidence Act 1984; the Regulation of Investigatory Powers Act 2000; the Race Relations Act 1976; the Immigration and Asylum Act 1999, and the Asylum and Immigration (Treatment of Claimants) Act 2004. The Act will have an impact on a wide range of legal areas, including; asylum and immigration; data protection and freedom of information; privacy; criminal; human rights; and civil liberties; and will introduce the following;- A complex range of new civil and criminal penalties- a new Commissioner's Office- New ways of working for those providing public services, such as the police, the NHS, the Passport Service, and benefit workersThis Guide is written by two experienced practitioners currently based at Liberty, the National Council for Civil Liberties. Structured in a clear and logical way following the parts of the Act, it provides an up-to-date and informative guide, making it an essential purchase for practitioners and organisations working in a number of legal areas.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.The UK's transfer of undertakings legislation has historically been one of the most complex, unpredictable, and commercially significant aspects of the UK's employment law regime. It has far-reaching financial, HR, and practical significance for private and public sector transitions in areas such as outsourcing, contract tenders, and asset disposals. TUPE 2005 will deliver a major restatement of the UK's 1981 transfer of undertakings legislation, and will introduce the following which employment law practitioners, contract managers and administrators will need to master;· A new Acquired Rights Directive· A new concept of service provision change· Wider protection for employees dismissed because of transfer· Three new categories of dismissalThis Guide will cover all of these new provisions and their impact on related legislation, whilst also placing the new regulations in the context of what has gone before. The commentary in the Guide is structured in a clear and logical way, thus enabling readers to quickly access the information they require. This Guide includes the full text of the legislation and will also have a section of useful precedents.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.The Fraud Act 2006 creates a new general offence of fraud with a maximum custodial sentence of ten years; replacing all previous deception offences as detailed under the Theft Acts 1968-1996. This new offence can be committed in three ways;- By false representation- By failing to disclose information- By abuse of positionThe Act also creates new offences of obtaining services dishonestly, and replaces the existing 'going equipped' offence, to criminalise the act of possessing or making material for use in frauds. This new Blackstone's Guide provides the full text of the Fraud Act 2006 and extracts from related relevant legislation, together with expert narrative. The authors provide detailed and practical commentary logically following the structure of the Act, on the effect of the legislation, its probable interpretation, and its impact on the existing law of dishonesty.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. This Guide provides a detailed and practical commentary on the Serious Crime Act 2007. It examines the probable impact on the law, practice and procedure, with full case referencing to illuminate probable interpretation. The Act establishes the serious crime prevention order - also called a 'super-asbo' - which will impose restrictions on individuals and organisations convicted or suspected of being involved in serious crimes (such as people and arms trafficking, fraud, drug dealing and blackmail). It also introduces new offences of intentionally encouraging or assisting a criminal act ; the strengthening of the recovery of criminal assets; and abolishes the Assets Recovery Agency - transferring its responsiblities to the Serious Organised Crime AgencyThe Guide:- Includes the full text of the Act- Provides a detailed and practical commentary on its likely effect on the law, practice and procedure - with full case referencing to illuminate probable interpretation- The narrative highlights the tensions caused with human rights and civil liberties issues - looking at possible conflict with the HRA and ECHR- Straightforward layout , organised by subject heading to enable ease of use as a reference resource

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes. The Criminal Justice and Immigration Act received Royal Assent in May 2008 and draws together a wide range of policy issues, from youth justice to 'foreign criminals'. A large part of the Act focuses on sentencing and is a response to our overcrowded prisons. The Act introduces important new offences (including incitement to hatred on the grounds of sexual orientation and possession of extreme pornographic images), and a number of significant changes to criminal law and procedure. The Act also expands on the range of civil 'behaviour orders' available in the criminal courts by extending the existing 'crack house' closure order regime for premises upon which anti-social behaviour takes place and by introducing a new Violent Offender Order. It also introduces a new restricted immigration status, following the Home Secretary's defeat in the Court of Appeal in the 'Afghan Hijackers' case in 2006.This new Blackstone's Guide combines the full text of the Act with an expert narrative. It seeks to explain the scope and impact of the Act, including the civil liberties implications, and bring practitioners right up-to-date with this complex piece of drafting. Presented in a straightforward layout, it enables ease of use as a reference source.