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27 January 2023 / Neil Parpworth
Issue: 8010 / Categories: Features , Constitutional law , Public
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Counsellors of State: time to widen the circle? (Pt 2)

Is the Counsellors of State Act 2022 a short-term solution? Neil Parpworth suggests it may be a missed opportunity for bolder reforms

In brief

  • The modest changes made to the Regency Act 1937 by virtue of s 1, Counsellors of State Act 2022, which received royal assent in December 2022.
  • Consideration of why the new Act might be regarded as a missed opportunity to make more significant reforms with longer lasting effects.

The Counsellors of State Act 2022 (CSA 2022) received royal assent on 6 December 2022 and came into effect the day after (see s 2(2), CSA 2022). Unusually, it is a piece of legislation which was effectively requested by the sovereign, as was evident from a message sent by the king to both Houses of Parliament on 14 November 2022, which read as follows:

‘To enable continued efficiency of public business when I am unavailable, such as while I am undertaking official duties overseas, I confirm that I would be most content, should Parliament

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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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