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The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.
This book analyses the development and current position of the Lord Chancellor in his various roles.
The legal aid system is one of the cornerstones of the post-war Welfare State, and since its creation nearly 60 years ago, it has enabled millions of people to access legal advice, support and representation; many of whom would otherwise have been denied access to justice because they could not have afforded to pay. However, the expectations and pressures faced by the legal aid system today are very different to those when it was created, and this document sets out the Government's proposals to reform the system to ensure its sustainability and effectiveness in contributing to the fight against social exclusion. These proposals follow on from three other documents: i) the Government's long-t...
This White Paper sets out the Government's proposals for reforming the regulation and delivery of legal services in England and Wales, with the aim of creating a simplified, more consistent and accountable regulatory framework which better meets the needs of consumers. The White Paper follows on from a consultation paper issued in March 2004 and draws on the recommendations of the Clementi review published in December 2004 (further details of both documents can be found at http://www.legal-services-review.org.uk/content/pubs.htm). Proposals include: the creation of a new independent Legal Services Board to oversee the regulatory system with statutory powers; a system of front line regulators to carry out day-to-day regulation, including existing professional bodies such as the Bar Council and the Law Society; the establishment of a new single independent body to investigate complaints called the Office for Legal Complaints (OLC); and the development of alternative business structures to provide legal and certain other services for different consumers, with the aim of promoting competition and innovation within the sector.
The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
This green paper launches a public consultation across the UK. The Government intends to involve all parts of society in discussions about the fundamental arguments for and against a new Bill of rights and responsibilities as well as the advantages and disadvantages of the individual components of any such Bill.
This Code of Practice is a reference tool for those dealing with, and caring for people admitted to hospital and care homes with mental health problems. Authored by the Department of Health and produced following wide consultation with those who provide and receive services under the Mental Health Act, this publication will come into force on 3 November 2008. Through the Mental Health Act 2007, the Government has updated the 1983 Act to ensure it keeps pace with the changes in the way that mental health services are - and need to be - delivered. This publication provides guidance and advice to registered medical practitioners, approved clinicians, managers and staff of hospitals, and approve...
"First [originally] published in Great Britain in 2007 by Politico's Publishing ..."--Title page verso.
The Prevent strategy, launched in 2007 seeks to stop people becoming terrorists or supporting terrorism both in the UK and overseas. It is the preventative strand of the government's counter-terrorism strategy, CONTEST. Over the past few years Prevent has not been fully effective and it needs to change. This review evaluates work to date and sets out how Prevent will be implemented in the future. Specifically Prevent will aim to: respond to the ideological challenge of terrorism and the threat we face from those who promote it; prevent people from being drawn into terrorism and ensure that they are given appropriate advice and support; and work with sectors and institutions where there are risks of radicalization which need to be addressed
There is a great difficulty in the way of a writer who attempts to sketch a living Constitution-a Constitution that is in actual work and power. The difficulty is that the object is in constant change. An historical writer does not feel this difficulty: he deals only with the past; he can say definitely, the Constitution worked in such and such a manner in the year at which he begins, and in a manner in such and such respects different in the year at which he ends; he begins with a definite point of time and ends with one also. But a contemporary writer who tries to paint what is before him is puzzled and a perplexed: what he sees is changing daily. He must paint it as it stood at some one time, or else he will be putting side by side in his representations things which never were contemporaneous in reality.