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14 April 2016
Issue: 7695 / Categories: Legal News
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Peers keep powers of rejection

Proposals to change the way the House of Lords scrutinises secondary legislation have been firmly rejected by a committee of Peers.

The Strathclyde Review outlined three options for change. These were: no scrutiny at all by Lords; reframing an earlier convention to the effect that Lords’ ability to reject secondary legislation would be “left unused”; and new legislation removing Lords’ powers to reject secondary legislation but allowing them to ask the Commons to “think again”.

However, the Lords Secondary Legislation Scrutiny Committee rejected all three options. It recommended that the Lords retain their power to reject secondary legislation, albeit in exceptional circumstances.

Lord Trefgarne, chairman of the Secondary Legislation Scrutiny Committee, says:Several of our witnesses, including Lord Strathclyde himself, raised the issue of the boundary between primary and secondary legislation, and a concern that a lack of detail in Acts leaves too much to be implemented by statutory instruments.

“If primary legislation presented by government is adequately fleshed-out, subsequent secondary legislation will be subsidiary in the proper sense of the word, and unlikely to face serious Parliamentary challenge. We think that the current ‘convention’ should be re-affirmed, in the knowledge that the House of Lords, as a self-regulating institution, can be expected to make a reasonable judgement of whether, and when, it should challenge a statutory instrument.”

Issue: 7695 / Categories: Legal News
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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