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Legal Institutions and Methods - Essay Example

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Legal Institutions and Methods Instructor Date QUESTION 1 Question 1 (part a) i) The term prescribed as used in the Act refers to an order made by the Secretary of State by statutory instrument ii) The Act defines BBC as the British Broadcasting Corporation iii) The Act defines broadcasting as communication by wireless telegraphy in accordance to the definition of Section 116 of the wireless telegraphy Act of 2006 or otherwise by satellite communication…
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Download file to see previous pages Another indictable offense in another area of law is murder. b) In summary conviction of an offense committed under section 3 of the Act an individual is subject to imprisonment for a term of not more than 12 months or a fine not in excess of the maximum under the statute or both the imprisonment and the fine. Question 1 (part c) There are two different procedures involved in the annulment of statutory instruments in parliament. These two procedures are the negative procedure and the affirmative procedure. Negative procedure Statutory instruments may be annulled if either House of parliament passes a motion to annul the statutory instrument. This time for annulment is usually 40 days from the day the motion to annul it was laid although this time which parliament is dissolved or when both houses are adjourned for more than four days. A motion to annul a statutory instrument is referred to as a prayer. Any member in the House of Commons may put down a motion to annul the statutory instrument in respect to the Negative procedure. These motions are Early Day Motions and no time is fixed for the motions. On the other hand, an individual member may table a motion in the House of Lords with the prayers to annul the statutory instrument. Where there are no objections to the statutory instrument subject to this procedure then there is no parliamentary procedure on it. The motions for annulment are debated in parliament, but often by the delegated legislation committee, and where necessary a vote is conducted to annul such instrument. Affirmative procedure Although this procedure is less common than the Negative procedure, it provides a more rigorous parliamentary control. This is so because the instrument must receive the approval of parliament before it is annulled. Statutory instruments subject to affirmative procedure are laid before parliament in draft orders. The draft order has to be approved by parliament in order to be printed and become effective. A motion approving a draft order has to be made by both houses. The responsibility to approve it lies with the minister laying the order for approval. A statutory instrument subject to this procedure also requires 28 or 40 days after it is laid in parliament to be annulled or remain in force. The relevant minister prepares a motion in this respect and it is upon the minister to ensure that the statutory instrument is discussed within a reasonable time. Question 1 (part d) i) Tom has committed an offense under section 3(1) of the Act by passing information to his friend Bill. The Act prohibits a relevant person from passing information without lawful authority. Tom falls under the category of a relevant person pursuant to section 4 (c) of the Act, which defines a relevant person to include individuals engaged by the BBC. Section 7 of the Act provides that if an individual commits an offense under section 3 then that person is liable to imprisonment for a period not exceeding two years or to a fine on conviction on indictment or imprisonment for a period not exceeding 12 months or a fine on summary conviction. ii) the provisions of sub section 5 implies that if an individual commits an offence under section 3 (2) of the Act then the individual can ...Download file to see next pagesRead More
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