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Article
Publication date: 10 February 2012

David Hewitt

The purpose of this paper is to evaluate the Law Commission's recommendations concerning the power of removal contained in section 47 of the National Assistance Act 1948. That…

340

Abstract

Purpose

The purpose of this paper is to evaluate the Law Commission's recommendations concerning the power of removal contained in section 47 of the National Assistance Act 1948. That provision applies to certain people who are seriously ill, living in squalor, or not receiving proper care and it enables them to be taken to hospital or a care home and detained there.

Design/methodology/approach

The Law Commission's final report on adult social care law was considered and compared with earlier Commission publications that addressed this issue, and also with other sources (such as a paper published by the Department of Health in 2000).

Findings

The Law Commission calls for the repeal of section 47, because it is hard to interpret, difficult to implement and seems to breach the European Convention on Human Rights. The Commission says other provisions, such as those in environmental health legislation, the Mental Health Act 1983, and the Mental Capacity Act 2005, provide a more appropriate means of caring for people in distress and that more information is needed before a decision can be taken as to what, if anything, should replace section 47. Some of these criticisms, and also the call for more information, were made by the Department of Health.

Originality/value

The Law Commission's findings and recommendations concerning section 47 have not otherwise been widely reported, nor has much been done to analyse their development or antecedence. The paper also offers a modest critique of this aspect of the Commission's report.

Details

The Journal of Adult Protection, vol. 14 no. 1
Type: Research Article
ISSN: 1466-8203

Keywords

Content available
Book part
Publication date: 17 September 2018

James Reid

Abstract

Details

Primary Teachers, Inspection and the Silencing of the Ethic of Care
Type: Book
ISBN: 978-1-78756-892-1

Article
Publication date: 8 May 2018

Veltrice Tan

In light of the recent 1MDB Scandal in Singapore, this research paper aims to examine the deterrent effect of Singapore’s sanctions against money laundering within financial…

1140

Abstract

Purpose

In light of the recent 1MDB Scandal in Singapore, this research paper aims to examine the deterrent effect of Singapore’s sanctions against money laundering within financial institutions.

Design/methodology/approach

Case laws and legislations are examined as are relevant reports by regulators.

Findings

Singapore’s anti-money laundering (AML) regimes may not act as an effective deterrent against money laundering activities within financial institutions. This is due to the overreliance on the theory of deterrence-based thinking, the lack of an “enforcement pyramid” and economic factors which influence regulators to be lenient towards financial institutions.

Research limitations/implications

There are limited data available in relation to regulators in Singapore and the prevalence of money laundering activities within Singapore’s financial institution. Any discussions within this article is based on the impressionistic observations of this author, which may not reflect the true state of affairs in Singapore.

Practical implications

Those who are interested in examining the relationship between money laundering and the deterrent effect of sanctions against financial institutions will have an interest in this topic.

Originality/value

The value of the paper is to demonstrate that Singapore’s AML regimes may not act as an effective deterrence against money laundering activities within financial institutions.

Details

Journal of Financial Crime, vol. 25 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 1 September 1972

An Act to amend the provisions of the National Insurance Act 1965, the National Insurance (Industrial Injuries) Act 1965 and the Industrial Injuries and Diseases (Old Cases) Act…

Abstract

An Act to amend the provisions of the National Insurance Act 1965, the National Insurance (Industrial Injuries) Act 1965 and the Industrial Injuries and Diseases (Old Cases) Act 1967 as to the rate or amount of benefit and contributions; to alter the conditions for payment of attendance allowance and unemployability supplement; to modify certain provisions as to the determination of claims and questions under those Acts, and to make other administrative and financial adjustments; to make parallel provision for Northern Ireland; and for purposes connected with those matters. [9th August 1972]

Details

Managerial Law, vol. 12 no. 6
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 September 1972

J. Latey

May 5, 1972 Factory — Statutory duty — Breach — Fume — Prolonged inhalation of low concentration — Chronic lung illness — Employer's actual or constructive knowledge of health…

Abstract

May 5, 1972 Factory — Statutory duty — Breach — Fume — Prolonged inhalation of low concentration — Chronic lung illness — Employer's actual or constructive knowledge of health hazard — Whether to be determined up to time when action brought — Limits of statutory duty — Whether need to act on expert speculation unaccompanied by hazard warning — Factories Act, 1961 (9 & 10 Eliz. II, c.34), ss. 4(1), 63(1).

Details

Managerial Law, vol. 12 no. 6
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 February 1973

The Secretary of State in exercise of powers conferred by sections 138(1) and 180(3) of the Factories Act 1961 and now vested in him and of all other powers enabling him in that…

Abstract

The Secretary of State in exercise of powers conferred by sections 138(1) and 180(3) of the Factories Act 1961 and now vested in him and of all other powers enabling him in that behalf, hereby makes the following Order:—

Details

Managerial Law, vol. 13 no. 5
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 December 1971

The Secretary of State, in exercise of the powers conferred on him by section 170(2) and (4) of the Industrial Relations Act 1971(a) and of all other powers enabling him in that…

Abstract

The Secretary of State, in exercise of the powers conferred on him by section 170(2) and (4) of the Industrial Relations Act 1971(a) and of all other powers enabling him in that behalf, hereby makes the following Order:—

Details

Managerial Law, vol. 11 no. 3
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 June 1974

An Act to amend the provisions of the National Insurance Acts 1965 to 1973, the National Insurance (Industrial Injuries) Acts 1965 to 1973 and the Industrial Injuries and Diseases…

Abstract

An Act to amend the provisions of the National Insurance Acts 1965 to 1973, the National Insurance (Industrial Injuries) Acts 1965 to 1973 and the Industrial Injuries and Diseases (Old Cases) Acts 1967 to 1973 as to the rate or amount of benefit and contributions; to amend section 39 of the Social Security Act 1973 and to make minor amendments of certain other enactments relating to social security; and for purposes connected with those matters. [13th May 1974]

Details

Managerial Law, vol. 16 no. 4
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1997

Daniel Harris and Stephen Hellman

‘Q. Why the Caymans? You could have gone anywhere. You had a lot of money. You could have gone to Paris, the Bahamas?

Abstract

‘Q. Why the Caymans? You could have gone anywhere. You had a lot of money. You could have gone to Paris, the Bahamas?

Details

Journal of Money Laundering Control, vol. 1 no. 1
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 13 November 2017

David Balaban Lewis

The Public Interest Disclosure Act 1998 (PIDA 1998) was the model for South Africa’s Protected Disclosures Act 2000 and has been regarded as an exemplary piece of legislation in…

1437

Abstract

Purpose

The Public Interest Disclosure Act 1998 (PIDA 1998) was the model for South Africa’s Protected Disclosures Act 2000 and has been regarded as an exemplary piece of legislation in debates in other countries, for example, the Netherlands, New Zealand and some Australian states. However, in the light of international developments since PIDA 1998 came into force, in particular the principles contained in the Council of Europe Recommendation and the enactment of more sophisticated statutes elsewhere, it is contended that the UK legislation is no longer fit for purpose. The purpose of this article is to make suggestions for reform in the light of developments elsewhere.

Design/methodology/approach

This paper assesses the operation of PIDA 1998 (as amended) in the light of the case law and empirical research.

Findings

The paper makes detailed suggestions for reform in relation to both the law and practice of whistleblowing.

Research limitations/implications

The paper focuses on the main issues raised by the UK whistleblowing provisions. It has implications both nationally and internationally.

Practical implications

It is hoped that the recommendations will provoke thought about legislative reforms and changes in management practices.

Social implications

If the reforms suggested in the paper are enacted, it is expected that workers will be more confident about raising concerns about wrongdoing. This should benefit society generally in that economic inefficiencies can be dealt with and citizens can enjoy greater freedom of speech.

Originality/value

This review of the UK legislation over 19 years should be of value to academics, students, legal and management practitioners both at home and abroad.

Details

International Journal of Law and Management, vol. 59 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

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