CONSULTATION 2
Adopted United Kingdom Laws
1.Background
What is the Revised Laws Project?
1.1The Revised Laws Project is a two year project, started in June 2015, which aims to provide access to our laws which is fit for purpose for the needs of the Falkland Islands.
1.2We will do this by publishing on-line:
(a) the complete and up to date text of locally made laws; and
(b) a list of United Kingdom laws which apply to the Falkland Islands.
1.3Publication of the laws is currently scheduled for 31 May, and will be free to access.
What is the aim of this Consultation?
1.4The aim of this consultation is to:
(a) seek views about proposals to update adopted United Kingdom laws; and
(b) seek views about the proposedstandard modifications to be made to United Kingdom laws.
What this Consultation doesn’t do
1.5This Consultation does not seek views on whether any United Kingdom law which would be entirely new to the Falkland Islands (ie not based on any existing adopted law) should be adopted.
1.6 That is because the resources available to the project have not enabled recommendations to be made to the Assembly about adopting UK laws in entirely new subject areas; but only about updating those UK laws which have already been adopted.
1.7This consultation does not seek views about those United Kingdom laws which have been applied to the Falkland Islands by United Kingdom authorities.
1.8That is because the questioning the application of such laws to the Falkland Islands is outside the scope of this project. However, a list of these laws will be published online alongside the United Kingdom laws which the Falkland Islands has chosen to adopt, ie the lists of UK laws applicable to the Falkland Islands published online will be comprehensive.
2.Consultation - practical details
WHOis invited to respond to this consultation?
Views are sought from any person interested in the law of the Falkland Islands.
Invitations will also be issued to key stakeholders, both inside and outside the Falkland Islands Government.
HOW do you respond to the consultation?
Please respond to: Ros Cheek, Statute Law Commissioner
either by
orby post Government Legal Services, Old Print Shop, Thatcher Drive, Stanley
You may respond using the Response Formand you are encouraged to submit that by e-mail. Howeveryou may send your response using whatever format and method you prefer.
The consultation is split into two parts; Part A and Part B. You may respond to some or all of the consultation questions, and are welcome to make any additional comment. In particular, additional comment on the Law Revision and Publication Bill 2017 is welcomed (see project consultation web-page for copy of the Bill).
If you have any other queries about this consultation, please contact the Statute Law Commissioner on the e-mail given above, or telephone Government Legal Services on 28460.
WHENdo you respond to the consultation?
Responses must be received by 1 March 2017 to guarantee consideration.
However, to reflect the fact that issue of this consultation has been subject to delay, it may be possible to include responses received up to 9 March 2017 in exceptional cases. If you are not able to submit a response before 1 March 2017, please contact the Statute Law Commissioner.
3.Subject Matter of Consultation
PART A -UPDATING ADOPTED UK LAWS
Background
3.1Whilst the Falkland Islands statute book is made up of many locally made laws, for reasons of efficiency and convenience the Falkland Islands has also adopted many UK laws as our own (through our locally made laws).
3.2The adoption of most ofUK laws wassubject to detailed rules about how those laws could be automatically updated, ie so their adoption in the Falkland Islands would reflect changes in the laws made in the UK. However, because no up to date record of the effect of the changes under those rules was maintained,it became more and more difficult over time to apply the rules to identify and understand what adopted UK laws apply in the Falkland Islands.
3.3Most of adopted UK laws were therefore “frozen” in their application to the Falkland Islands in July 2004 whilst a solution to identifying and publishing the law was found. Because it has taken so long to find and to resource a solution, the law has become even more inaccessible and difficult to identify; as it has become more and more out of touch with what applies in UK.
3.4A key project objective is to make proposals to update adopted UK laws and to publish a list of those laws and to keep the list up to date.
3.5Because of the difficulties in identifying with absolute certainty the adopted laws which currently apply, it has been agreed that emphasis should be placed on identifying what adopted UK law should apply going forward, rather than placing significant emphasis on the question of what applies now (which could easily become a time consuming academic exercise).
3.6For this reason, this consultation is focussed not on what the law is today, but what it should be.
3.7The consultation will effectively be asking; do the UK laws which are proposed for adoptionreflect a reasonable balance in terms of both moving forward but also retaining historic versions of UK laws where that is most appropriate for the Falkland Islands?
3.8The date on which the new adoption would take effect under a Law Revision and Publication Ordinance would be the date of first on-line publication (currently scheduled for 31 May 2017).
3.9A list of the UK laws we haveidentified for adoption going forward is attached to this consultation as Annex A. The list is split into two parts, to reflect primary laws (Acts) and secondary laws (rules, regulations, orders etc). The questions below are based on this list.
3.10The column on the right hand side of the list gives a very brief summary of the nature of change proposed in respect of each law’s application to the Falkland Islands, so it is not necessary to have any existing knowledge of the adopted law which currently applies in the Falkland Islands to be able to answer the questions.
3.11To access a copy of any UK law, please see the UK national legislation publication at
PART A CONSULTATION QUESTIONS:
3.12Please give your views on the following with reference to the list of laws at Annex A:
(a) Do any UK laws appear on the list which you believe are inappropriate for the Falkland Islands and should not be adopted?
(b)Are there any UK laws which you believe should be adopted by the Falkland Islands but do not appear on the list?
(c)Are there any specific modifications made to a UK law in column 3 of the list which you believe are inappropriate and should be excluded, or should be adjusted?
(d)Are there any additional modifications which you believe should be made to a UK law but which are not included in column 3 of the list in relation to that particular law?
Please give reasons for your responses as far as you are able.
NOTE: The list of adopted UK laws at Annex A anticipates that the Crimes Ordinance 2014 and the Criminal Procedure and Evidence Ordinance 2014, and the Animals (Welfare and Protection) Ordinance 2016, will have come into force before the new list of adopted laws takes effect in May 2017. The list therefore anticipates the changes to the adopted UK law concerning crimes and criminal procedure and evidence, and concerning animals,which will be made by those Ordinances.
PART B - PROPOSALS FOR STANDARD MODIFICATION OF UK LAWS
Background
3.13It is proposed that the standard modifications which currently apply to adopted UK laws be amended under the Law Revision and Publication Bill 2017.
3.14Not all adopted UK laws would immediately make sense in their application to the Falkland Islands without some modification; because the circumstances of the Falkland Islands, in particular our systems of government and administration, are different. Standard modifications are therefore applied to adopted UK laws to ensure that an adopted UK law can reasonably be read in a way that will work for the Falkland Islands. The modifications are not intended to address all difference between the UK and the Falkland Islands; only the most common ones. Many adopted laws are subject to specific, bespoke modifications which supplement these standard modifications.
3.15The proposed new list of modifications has not been significantly amended, but has been modernised and supplemented.
3.16In some cases, however, it must be accepted that an adopted law may not work without further modification. Whilst UK laws are adopted for convenience and efficiency, it must be accepted that sometimes those attempts will simply fail, and must be addressed by further legislation. The list of standard modifications can, therefore, only go so far, and must reflect a pragmatic balance rather than a “catch all” solution.
3.17The list of standard modifications is contained in Annex B to this consultation, and the questions below are based on that document.
PART B CONSULTATION QUESTIONS:
3.18Please give your views on the following with reference to the list at Annex B:
(a)Are there any modifications included in Annex B which you believe are inappropriate and should not be included, or should be adjusted?
(b)Are there any modifications which are not included in Annex B but which you believe should be included?
Please give reasons for your responses as far as you are able.
R C Cheek
Statute Law Commissioner
13 February 2017
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Falkland Islands Revised Laws Project Clarity, Certainty, Flexibility, Accessibility, Durability