instruments of interest
DRAFT SAFEGUARDING VULNERABLE GROUPS ACT 2006 (PRESCRIBED
CRITERIA AND MISCELLANEOUS PROVISIONS) REGULATIONS 2008
1. The Department for Children, Schools and Families
(DCSF) have laid these draft Regulations, which prescribe the
criteria which determine whether a person should be included automatically
in the children's barred list or the adults' barred list maintained
by the Independent Barring Board under section 2 of the Safeguarding
Vulnerable Groups Act 2006. The Regulations carry forward the
policy intentions which the Department for Children, Schools and
Families have expressed in the context of earlier statutory instruments,
including the Safeguarding Vulnerable Groups Act 2006 (Transitory
Provisions) Order 2008. When this House considered the latter
Order on 6 November 2008, concern was expressed that the Government
referred at times to the Independent Barring Board (IBB), and
at times to the Independent Safeguarding Authority (ISA); both
titles refer to the same body. We note that the explanatory material
provided to Parliament with these Regulations perpetuates this
alternation between titles. We share the concern that this inconsistent
approach by the Government may well confuse those involved with
barring procedures.
DRAFT FAMILY PROVISION (INTESTATE SUCCESSION) ORDER
2008
2. The purpose of the instrument is to increase
the amount of the statutory legacy, which has not been changed
since 1993. The statutory legacy is the fixed net sum payable,
as an initial default sum, to a surviving spouse or civil partner
from the estate of a person who has died without leaving a valid
will. The responses to the consultation paper caused the provisional
proposal to be re-examined, and revised to £250,000 to the
spouse where there are also children, and £450,000 where
the deceased leaves a spouse and parents or siblings but no children.
The increase will apply in relation to the estate of a person
dying on or after 1 February 2009. The Law Commission has agreed
to carry out a review of the intestacy rules as part of its Tenth
Programme of Law Reform, and expects to report in 2011. We once
again commend the Ministry of Justice for making good use of the
information derived from consultation.
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