Other Instruments of interest
Draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2008
11. This draft Order removes the Mujaheddin e Khalq from the list of proscribed organisations so that it is no longer proscribed. It makes the change to give effect to the decision of the Court of Appeal in the case of Secretary of State for the Home Department v Lord Alton of Liverpool and others[5], which found that the Home Secretary had no ground to refuse to remove that organisation from the list.
Draft Terrorism Act 2006 (Disapplication of Section 25) Order 2008
12. This draft Order disapplies section 25 of the Terrorism Act 2006 for a further year and so maintains the maximum period for detention without charge for terrorism offences at 28 days. Without renewal the maximum detention period would revert to 14 days on 24 July 2008.
Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008
Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) Regulations 2008 (SI 2008/1315)
13. The Mental Health Act 2007 amended the provisions in the Mental Capacity Act 2005 for the detention of people who are being detained for their best interests. In particular the 2007 Act reflects the outcome of the European Court of Human Rights Judgement in the Bournewood case[6] to increase the safeguards for those individuals who lack the capacity to consent to the arrangements made for their care or treatment to ensure that they are not arbitrarily detained. These instruments add detail to the principles set out in the Act. The affirmative instrument sets out specific requirements for the selection of assessors and the assessment process when protective custody is being considered. It also provides for the resolution of disputes about the ordinary residence of the person to be detained. The negative instrument sets out the requirements for the appointment of a representative for the person deprived of liberty (the relevant person), who is independent of the staff providing care services. The representative will act for the relevant person in relation all the deprivation of liberty safeguards, including, if appropriate, triggering a review, using an organisation's complaints procedure on the detained person's behalf or making an application to the Court of Protection.
Community Legal Service (Funding) (Amendment) Order 2008 (SI 2008/1328)
14. This Order amends the Community Legal Service (Funding) Order 2007 (SI 2007/2441), which sets out the fees and rates payable to solicitors and not for profit organisations who provide civil legal aid services to the public. The profession made some strong objections to the original proposals but, following further negotiations between the Law Society, the Legal Services Commission and the Ministry of Justice, the issues have been resolved and certain payments, listed in paragraph 7.5 of the Explanatory Memorandum, are being increased. The fee schemes are guaranteed until the current Unified Contract expires in 2010: further consultation will start in September 2008 on new fees schemes for family advocacy to run from 2010.
5 [2008] EWCA Civ 443 Back
6 (2004) 40 ECHR 761 Back
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