Other instruments of interest
ALLOCATION AND TRANSFER OF PROCEEDINGS ORDER 2008
(SI 2008/2836)
FAMILY PROCEEDINGS COURTS (CHILDREN ACT 1989) (AMENDMENT)
RULES 2008 (SI 2008/2858)
MAGISTRATES' COURTS (ENFORCEMENT OF CHILDREN ACT
1989 CONTACT ORDERS) RULES 2008 (SI 2008/2859)
FAMILY PROCEEDINGS (AMENDMENT) (NO. 2) RULES 2008
(SI 2008/2861)
5. The Allocation and Transfer of Proceedings
Order aims to ensure that cases in the family jurisdiction are
heard at the lowest most appropriate level of court commensurate
with their complexity. This should ease work pressures on the
High Court and county court; achieve a more rational distribution
of cases between courts that have concurrent jurisdiction; make
best use of under-utilised magistrates' Family Proceedings Courts
and, thereby, reduce delays in cases being heard. We note that
these changes are being made at the same time as the three sets
of Rules which implement those provisions of the Children and
Adoption Act 2006 which deal with family contact disputes. The
changes are expected to result in additional hearings being required
in family courts and additional duties being required of Cafcass
(the Children and Family Court Advisory Support Service in England
and Wales whose role is to safeguard the interests of the children
concerned). These changes are being made because the Government
have been particularly concerned about the number of cases returning
to court because contact arrangements have broken down. We commend
the degree of consultation that has been undertaken in preparing
the changes; but we note that it is none the less a major shift
in workload and hope that adequate training and resources have
been put in place to manage the transition.
CREMATION (ENGLAND AND WALES) REGULATIONS 2008 (SI
2008/2841)
6. We commend the Ministry of Justice for bringing
forward these updated Regulations which seek to modernise and
consolidate the law on cremation. As well as simplifying the statutory
forms, the Regulations add a new provision to enable near relatives
or executors to inspect the forms completed by medical practitioners
before cremation is authorised. The Regulations now also make
provision for stillbirths. The proposals have been subject to
extensive consultation which has been significant in shaping the
final form of the Regulations.
STATEMENT OF CHANGES IN IMMIGRATION RULES (HC 1113)
7. This Statement represents the latest stage
in the rollout of the new Points Based System for Immigration
and makes changes to the provisions of Tiers 1, 2 and 5. In relation
to Tier 2 it makes new provision for skilled workers from outside
the European Economic Area (EEA) that will replace the work permits
route. A fundamental part of this new skilled worker tier of the
system is the identification of shortage occupation lists; a written
statement was made on 11 November outlining the current list identified
by the Migration Advisory Committee (HL Hansard, 11 November,
WS41-6).
8. The changes also simplify the Business and
Special Visitors Category, delete the existing route for Retired
Persons of Independent Means and increase the minimum age for
obtaining a marriage visa from 18 to 21. However during the transitional
period the position may be complex (see for example the material
on Ministers of Religion at the Appendix) and the Home Office
will need to make strenuous efforts to explain the prevailing
position clearly. The Committee, for example, was confused by
paragraphs 6.43 - 44 of the Explanatory Memorandum which list
a number of immigration routes that are being deleted. What the
EM did not make sufficiently clear is that migrants in many of
the deleted categories will be able to apply to come to the UK
under the Points Based System or as a visitor. For example some
nurses are included on the shortage occupation list, and so, provided
all other requirements are met, overseas nurses may be able to
enter under Tier 2 of the Points Based System. The objective is
to simplify the immigration system by reducing some of the 80
more esoteric paths to entry to the five tiers of entry under
the Points Based System that hopefully will be easier to understand
and administer.
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