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New laws receive Royal Assent

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By Ned Simons
- 13th November 2009

Thirteen Bills were passed into law yesterday as the parliamentary session came to a close.

New laws enacted as a result of the Acts receiving Royal Assent range from controversial new powers for the government to hold secret inquests, to a clamp down on prostitution and measures to aid the return of artefacts stolen by the Nazis.

Nine originated as government Bills, with the remaining four originating from the backbenches as private member's Bills.

One of the more controversial bills of the last session was the Coroners and Justice Bill.

Following its Royal Assent on yesterday, the Act permits inquests in to deaths that include sensitive information that could risk national security can be held in secret.

And yesterday justice secretary Jack Straw was forced to accept peers' insistence than the law on homophobic hatred retained a "free speech" defence, after the government ran out of parliamentary time to overturn it.

Former Conservative Home Secretary Lord Waddington's "free speech" clause reached the statute book last year when the government similarly did not have time to remove it.

The Act also amends the defences of diminished responsibility and provocation in murder cases.

A new offence of paying for sex with someone who is controlled for gain and modified laws on soliciting form part of the Policing and Crime Act.

Also tightened are the regulations on lap dancing clubs, and the Act reclassifies them as "sex establishments" rather than "entertainment venues".

Improved police accountability formed a key part of the Bill, but government plans to introduce directly-elected police authorities were dropped from the final Act after attracting sever criticism from several quarters.

Introduced as a private member's Bill by Andrew Dismore (Lab, Hendon), the Holocaust (Return of Cultural Objects) Act allows the trustees of museums to remove a piece of art if they believe it had been stolen by the Nazi regime, in order that it be returned to its original owner.

2,748 miles of English coastline will be opened up to the public as a result of the Marine and Coastal Access Act.

Under the legislation, the environment secretary and Natural England will have a duty to secure a long distance walking trail around the English coast for the purposes of open-air recreation.

The first stretch of the new coastal path around England is a 12.4 mile section earmarked for Weymouth Bay, site of the London 2012 sailing competition.

Rogue driving instructors will face a crack down as a result of the Driving Instruction (Suspension and Exemption Powers) Act.

Introduced as a private member's Bill by Willie Rennie (Lib Dem, Dunfermline and West Fife) the Act aims to address a concern that driving instructors who are to be struck off the Register of Approved Driving Instructors were allowed to remain on the register for up to 45 days after they were notified of their impending removal.

This led to a case in which an instructor who had been convicted of a sexual offence involving a pupil was able to continue giving instruction while the deregistration process continued.

The new Law Commission Act 2009 requires the lord chancellor to prepare an annual report on the implementation of Law Commission proposals. The Law Commission was established in 1965 to promote the reform of English and Welsh law.

The Perpetuities and Accumulations Act 2009 implements Law Commission recommendations to modernise trust law rules restricting how long an owner can control the future ownership of property (perpetuities) and trustees can add income to capital (accumulations).

In specified circumstances, it replaces the existing rules with a single statutory perpetuity period of 125 years.

And the rule against excessive accumulations restricts the period during which trust income may be accumulated and not paid to an income beneficiary as it arises.

Introduced as a private members Bill by Peter Ainsworth (Con, East Surrey), the Green Energy (Definition and Promotion) Act aims to promote the development of environmentally friendly energy.

Among its measures are provisions designed to help people install wind turbines and to compel the government to conduct a review and revision of its microgeneration strategy.

Local councils are to be put in the driving sear of local economic development and regeneration now that the Local Democracy, Economic Development and Construction Act has received Royal Assent.

It places a new duty for local authorities to assess economic conditions; a joint duty on regional development agencies and local authorities to produce a single regional strategy; and powers for councils to co-operate in promoting economic development.

Contentious plans to ban tobacco vending machines made it into the new Health Act.

It also requires NHS services to have regard to a new NHS Constitution, which will set out the responsibilities of patients and staff.

Mammoth in size, the Apprenticeships, Skills, Children and Learning Act contains a wide range of measures covering apprenticeships, learning and skills and educational provision.

Among the provisions are new powers for parents to complain the local government ombudsman, and a reduction in Ofsted inspections for "outstanding" schools.

The Act also gives teachers new powers to search pupils for drugs and alcohol, as part of a drive to stem an increase of drug taking and underage drinking in schools.

It also abolishes the Learning and Skills Council.

The Welfare Reform Act's most eye-catching provision is the decision by the government to fine unemployed lone parents with young children if they did not prepare for work while receiving benefits.

Earlier this week MPs overturned a Lords amendment that would have restricted the fines to lone parents whose youngest child was at least five years old.

Finally the Autism Act requires the health secretary to publish an adult autism strategy and to issue associated statutory guidance.

Introduced as a private member's Bill by Cheryl Gillan (Con, Chesham and Amersham), it also places a duty on local authorities and NHS bodies to act on this guidance.

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Article Comments

I urge members of any family with an autistic member, especially Aspergers, which is so difficult to diagnose early, to lobby local councillors, especially those with executive powers in Adult Socail Care and Health to push for the very best service that can be achieved locally. Cite the Liverpool Asperger Service as a flagship service.

Pat Ruaune
23rd Nov 2009 at 10:23 am



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