UK Legislation Research Articles

A Linguistic Insight into Legislative Drafting. Tradition and Change in the UK Legislation

A Linguistic Insight into Legislative Drafting. Tradition and Change in the UK Legislation

Evaluating UK Legislation Effectiveness in Prosecuting Cybercriminals and Deterring Cybercrimes: Identifying Areas for Improvement

Evaluating UK Legislation Effectiveness in Prosecuting Cybercriminals and Deterring Cybercrimes: Identifying Areas for Improvement

A Legal Obligation on UK Employers to Conduct Labour Law Due Diligence: A Substantive Proposal

Abstract The use of non-financial reporting and due diligence legislation to force companies to address specific adverse effects of their operations has become an increasingly common tool for policymakers in recent years. To date, international legislative activity has mainly focussed on potential breaches of human rights and environmental obligations but has also included aspects of labour law. This article proposes a new law that adapts the concept of corporate due diligence to the field of labour law. The new law uses a reflexive model of legislation which is referred to as Labour Law Due Diligence. The under-resourced system of labour market enforcement in the UK and workers’ reluctance to use litigation to defend their rights means that persistent non-compliance by employers can go unpunished. Employers would be obliged to carry out an annual audit to assess whether they comply with key labour law obligations and make the results public. Non-compliant employers would need to remedy any unlawful practices within a year or face the prospect of enforcement action being taken against them. Through an evaluation of UK legislation which has attempted to force companies to address specific legislative goals through public disclosure of data, the article seeks to address the weaknesses of such legislation by involving stakeholders and introducing robust systems of enforcement.

Mapping the Complexity of Legal Challenges for Trustworthy Drones on Construction Sites in the United Kingdom

Drones, unmanned aircraft controlled remotely and equipped with cameras, have seen widespread deployment across military, industrial, and commercial domains. The commercial sector, in particular, has experienced rapid growth, outpacing regulatory developments due to substantial financial incentives. The UK construction sector exemplifies a case where the regulatory framework for drones remains unclear. This article investigates the state of UK legislation on commercial drone use in construction through a thematic analysis of peer-reviewed literature. Four main themes, including opportunities, safety risks, privacy risks, and the regulatory context, were identified along with twenty-one sub-themes such as noise and falling materials. Findings reveal a fragmented regulatory landscape, combining byelaws, national laws, and EU regulations, creating business uncertainty. Our study recommends the establishment of specific national guidelines for commercial drone use, addressing uncertainties and building public trust, especially in anticipation of the integration of “autonomous” drones. This research contributes to the responsible computing domain by uncovering regulatory gaps and issues in UK drone law, particularly within the often-overlooked context of the construction sector. The insights provided aim to inform future responsible computing practices and policy development in the evolving landscape of commercial drone technology.

We need to talk about the role of zooplankton in marine food webs.

Zooplankton are the key intermediary between primary production and the fish community and a cornerstone of marine food webs, but they are often poorly represented in models that tend to focus on fish, charismatic top predators, or ocean biogeochemistry. In this study, we use an intermediate complexity end-to-end food web model of the North Sea with explicit two-way coupling of zooplankton to phytoplankton and higher trophic levels to ask whether this matters. We vary the metabolic rate of omnivorous zooplankton (OZ) as a proxy for uncertainties in our understanding and modeling of zooplankton form and function, and moving beyond previous studies we look at the impacts on the food web in concert with climate warming and fishing. We consider impacts on food web state and time to recover the relevant unfished state after fishing ceases. We also consider potential impacts on pelagic and demersal fishing fleets if we assume that they are constrained by the requirement to allow recovery to an unfished state within a certain period of time as a way of ensuring consistency with Good Environmental Status as required by EU and UK legislation. We find that all three aspects considered are highly sensitive to changes in the treatment of zooplankton, with impacts being larger than for warming of 2 or 4°C across most food web functional groups, particularly for apex predators. We call for a programme of research aimed at improving our understanding of zooplankton ecology and its relationship to the wider food web, and we recommend that improved representations of zooplankton are incorporated in future modeling studies as a priority.

Prevalence and nature of workplace bullying and harassment and associations with mental health conditions in England: a cross-sectional probability sample survey

BackgroundEvidence on workplace bullying and harassment (WBH) in the UK has not used probability-sample surveys with robust mental health assessments. This study aimed to profile the prevalence and nature of WBH in England, identify inequalities in exposure, and quantify adjusted associations with mental health.MethodsData were from the 2014 Adult Psychiatric Morbidity Survey, a cross-sectional probability-sample survey of the household population in England. Criteria for inclusion in the secondary analysis were being aged 16–70 years and in paid work in the past month (n = 3838). Common mental disorders (CMDs) were assessed using the Clinical Interview Schedule-Revised and mental wellbeing using the Warwick-Edinburgh Mental Wellbeing Scale. Analyses were weighted. We examined associations between past-year WBH and current CMD using multivariable regression modelling, adjusting for sociodemographic factors. Interaction terms tested for gender differences in associations. The study received ethical approval (ETH21220–299).ResultsOne in ten employees (10.6%, n = 444/3838) reported past-year experience of WBH, with rates higher in women (12.2%, n = 284/2189), those of mixed, multiple, and other ethnicity (21.0%, n = 15/92), and people in debt (15.2%, n = 50/281) or living in cold homes (14.6%, n = 42/234). Most commonly identified perpetrators of WBH were line managers (53.6%, n = 244/444) or colleagues (42.8%, n = 194/444). Excessive criticism (49.3%, n = 212/444), verbal abuse (42.6%, n = 187/444), and humiliation (31.4%, n = 142/444) were the most common types. WBH was associated with all indicators of poor mental health, including CMD (adjusted odds ratio [aOR] 2.65, 95% CI 2.02–3.49), and 11 of 14 mental wellbeing indicators, including lower levels of confidence (aOR 0.57, 0.46–0.72) and closeness to others (aOR 0.57, 0.46–0.72). Patterns of association between WBH and mental health were similar in men and women.ConclusionsThese findings reinforce a need for more cohesive UK legislation against WBH; guidance on recognition of bullying behaviours for employees, managers, and human resources, focusing on prevention and early intervention, and increased awareness of the impact of WBH on mental health among health service practitioners. Limitations include reliance on cross-sectional data collected before pandemic-related and other changes in workplace practices. Longitudinal data are needed to improve evidence on causality and the longevity of mental health impacts.

Interpreting UK legislatures: an introduction

ABSTRACT The purpose of this special issue of the Journal of Legislative Studies is to explain and understand the era of profound change that has affected, and continues to impact, UK legislatures. This is an era of special change, wrought by the phenomena of Brexit, the Covid-19 pandemic, and forms of nationalism. The significance of these collected papers lies in the application of interpretive, decentred theory (Bevir, 2013; Bevir & Rhodes, 2003, 2010) as the framework through which each contribution interprets its particular subject - legislatures and elite narratives – in this era of rapid and tumultuous transformation.

Trafficking and Organs, Tissues, and Cells: An Examination of European and UK Legislation and Gaps

Abstract Substantial custodial sentences were handed down from the English Central Criminal Court for organ trafficking. Attempts to exploit vulnerable people for the purposes of organ removal, and for organ, tissue, and cells (otc) trafficking are ongoing in many jurisdictions. It is also clear from the 2019 EU evaluation of the Union legislation on blood, tissues, and cells that there is increasing commercialization in the procurement of human material for medical use, using global supply chains. Full traceability of all human material, for which there is a shortage to meet global medical needs, is required. The medical profession has drafted the Istanbul Declaration on Organ Trafficking and Transplant Tourism 2008, calling for transplant tourism to be prohibited, and full engagement with transnational law enforcement to address developing transnational organized crime in this area. This paper addresses the global, Council of Europe, EU, and UK provisions in this area.

The role of decontamination in reducing healthcare-associated infections.

Effective decontamination is a vital aspect of infection prevention and control, and has a crucial role in reducing healthcare-associated infections (HCAIs). Various decontamination methods can be used in healthcare settings to ensure that medical devices, equipment and the clinical environment are safe. It is essential for nurses and other healthcare staff to have adequate knowledge of the decontamination methods and infection prevention and control practices required to prevent HCAIs. This article discusses the most common HCAIs, decontamination methods that can be used, and relevant UK legislation, policies and guidance. It also outlines nurses' responsibilities in relation to infection prevention and control and the importance of education and training in this area, with a particular focus on integrating human factors.

Stakeholder insights into embedding marine net gain for offshore wind farm planning and delivery

The rapid expansion of offshore wind farms plays a key role in meeting global Net Zero targets by 2050 and if delivered sustainably could address the dual challenges of climate change and biodiversity loss. Many countries are embracing ambitious approaches to environmental impact reduction by implementing concepts such as Biodiversity Net Gain, Nature Positive and No Net Loss. Such policies are now recognized in European and UK legislation, although generally only applicable to terrestrial activities. For the marine realm, there is little consensus on how Marine Net Gain can provide optimal environmental and societal outcomes from marine activities such as offshore wind farm construction, operation and decommissioning. This study sought to clarify the key issues that need to be addressed for effective implementation of Marine Net Gain. Following recruitment through a stakeholder mapping exercise, in-workshop and follow-up questionnaires sought to elicit expert opinions from multi-sector UK offshore wind farm stakeholders on a range of aspects of Marine Net Gain policy formulation and delivery. Over 80 % of participants indicated that certain external inputs, including information for climate change adaptation options and habitat mapping data, were important to enable delivery of Marine Net Gain. The most important ecosystem services to include within Net Gain measures were perceived as those relating to fisheries (mean 4.50, SD 0.51), maintaining nursery habitats (mean 4.41, SD 0.59), and climate regulation (mean 4.20, SD 1.). Stakeholders felt the most important Net Gain actions for environmental restoration/enhancement for future offshore wind deployment were shellfish/mussel bed (ave rank score 4.06) and invertebrate habitat restoration (ave rank score 4.60), and actions supporting plankton communities (ave rank score 4.67). Stakeholders agreed (83 %) that Net Gain actions should be considered at the decommissioning stage, and the preferred decommissioning option was the complete removal or abandonment of all structures. Stakeholders felt that strategic Net Gain assessments should prioritize fishing pressures (dredging: mean 4.27, SD 1.03; line and net: mean 4.21, SD 0.89) and those arising from physical structures (mean 4.0, SD 0.85). Aquaculture farming was deemed most feasible to co-exist with fixed offshore wind farms (means 3.93–4.19), while floating wind farms were felt to be more co-locatable with fishing practices (means 3.94–4.06) and carbon capture storage devices (mean 3.87) compared to fixed structures. Recommendations are suggested for future policy development and scientific research in relation to the application of Marine Net Gain assessment for offshore wind farm projects.

The UK and EU competition rules for research and development agreements: falling out of lockstep

Until 2023, the UK and EEA had applied the same rules to govern collaboration and competition in the area of research and development. Post-Brexit, they have now gone their separate ways with each creating their own legislation in the form of so-called ‘block exemptions’, which permit certain restrictions of competition and proscribe others. This article considers the two block exemptions side by side, alongside the statutory guidance which has been drafted by the authorities in each jurisdiction. While both block exemptions are broadly similar, such that the parties can consider their requirements side-by-side when planning their collaboration, the different legislative styles of the UK and EU mean that this cannot readily be done by reading the legislation. This article addresses this issue and also flags the points of difference between the two new regimes which would-be parties to research and development-based collaborations must consider. In particular, this article considers in detail the UK legislation’s new closer scrutiny of so-called ‘competition in innovation’.

Is it now time to iron out the wrinkles? Health of Shar Pei dogs under primary veterinary care in the UK

BackgroundThe Shar Pei is a common dog breed with a distinctive appearance caused by hyaluronosis that has been linked with several health conditions. Anonymised primary-care veterinary clinical records were explored to extract data on the demography, common disorders and mortality of Shar Pei in the UK in 2013.ResultsThe study population of 455,557 dogs included 1913 (0.42%) Shar Pei. The mean adult bodyweight was 22.26 kg. The most prevalent fine-level precision disorders were entropion (prevalence 17.88%, 95% CI: 16.16-19.59), otitis externa (16.36%, 95% CI: 14.70-18.02), ear disorders (6.69%, 95% CI: 5.57-7.81), aggression (5.23%, 95% CI: 4.23-6.22), and pyoderma (4.29%, 95% CI: 3.38-5.19). The most prevalent disorder groups were ophthalmologic (prevalence = 22.27%, 95% CI: 20.40-24.13), dermatological (21.01%, 95% CI: 19.19-22.84), aural (18.66%, 95% CI: 16.92-20.41), traumatic injury (7.53%, 95% CI: 6.35-8.71) and behavioural (7.21%, 95% CI: 6.05-8.37). The median longevity of 190 Shar Pei that died during the study period was 7.28 years (IQR 5.04-10.05, range 0.04-15.04). Of 184 deaths with a recorded method of death, 157 (85.33%) deaths involved euthanasia and 27 (14.67%) deaths were unassisted. Among 136 (71.58%) deaths with a recorded biomedical cause of death, the most common causes of death at group level precision were neoplasia (15.44%, 95% CI: 9.37-21.51), renal disorders (13.24%, 95% CI: 7.54-18.93), and behavioural disorders (11.03%, 95% CI: 5.76-16.29).ConclusionsAlmost one fifth of Shar Pei receive veterinary care each year for entropion, a condition linked strongly with the extreme conformation of thickened and folded skin and bristly hair that characterises the Shar Pei breed. Several other common disorders are also linked to hyaluronosis. Current UK legislation can help support efforts to avoid breeding or acquiring animals with extreme conformations and to promote adequate veterinary care for already-owned animals with extreme conformations.

Quantifying the impact of Psylliodes chrysocephala injury on the productivity of oilseed rape.

Current European Union and United Kingdom legislation prohibits the use of neonicotinoid insecticidal seed treatments in oilseed rape (OSR, Brassica napus). This ban, and the reduction in efficacy of pyrethroid insecticide sprays due to resistance, has exacerbated pest pressure from the cabbage stem flea beetle (Psylliodes chrysocephala) in winter OSR. We quantified the direct impact of P. chrysocephala injury on the productivity of OSR. Leaf area was removed from young plants to simulate differing intensities of adult feeding injury alone or in combination with varying larval infestation levels. OSR can compensate for up to 90% leaf area loss at early growth stages, with no meaningful effect on yield. Significant impacts were observed with high infestations of more than five larvae per plant; plants were shorter, produced fewer flowers and pods, with fewer seeds per pod which had lower oil content and higher glucosinolate content. Such effects were not recorded when five larvae or fewer were present. These data confirm the yield-limiting potential of the larval stages of P. chrysocephala but suggest that the current action thresholds which trigger insecticide application for both adult and larval stages (25% leaf area loss and five larvae/plant, respectively) are potentially too low as they are below the physiological injury level where plants can fully compensate for damage. Further research in field conditions is needed to define physiological thresholds more accurately as disparity may result in insecticide applications that are unnecessary to protect yield and may in turn exacerbate the development and spread of insecticide resistance in P. chrysocephala. © 2023 The Authors. Pest Management Science published by John Wiley & Sons Ltd on behalf of Society of Chemical Industry.

Prevalence and nature of workplace bullying and harassment and associations with mental health conditions in England: a cross-sectional probability sample survey

BackgroundEvidence on workplace bullying and harassment (WBH) in the UK has not used probability-sample surveys with robust mental health assessments. This study aimed to profile the prevalence and nature of WBH in England, identify inequalities in WBH exposure, and quantify adjusted associations with mental health. MethodsData were from the 2014 Adult Psychiatric Morbidity Survey, a cross-sectional probability-sample survey of the household population in England, interviewed with verbal informed consent. Criteria for inclusion in the secondary analysis were being aged 16–70 years and in paid work in the past month (n=3838). Common mental disorders were assessed using the Clinical Interview Schedule-Revised and mental wellbeing using the Warwick-Edinburgh Mental Wellbeing Scale. Analyses were weighted. We examined associations between past-year WBH and current common mental disorders using multivariable regression modelling, adjusting for demographic and socioeconomic factors. Interaction terms tested for gender differences in associations. The study received ethics approval (ETH21220–299). FindingsOne in ten employees (10·6% (weighted), n=444/3838) reported past-year experience of WBH, with rates higher in women (12·2%, n=284/2189); those of mixed, multiple, and other ethnicity (21·0%, n=15/92); and people in debt (15·2%, n=50/281) or living in cold homes (14·6%, n=42/234). Most commonly identified perpetrators of WBH were line managers (53·6%, n=244/444) or colleagues (42·8%, n=194/444). Excessive criticism (49·3%, n=212/444), verbal abuse (42·6%, n=187/444), and humiliation (31·4%, n=142/444) were the most common types. WBH was associated with all adverse mental health indicators, including common mental disorders (adjusted odds ratio [aOR] 2·65, 95% CI 2·02–3·49), and 11 of 14 mental wellbeing indicators, including lower levels of confidence (aOR 0·57, 0·46–0·72) and of closeness to others (aOR 0·57, 0·46–0·72). Patterns of association between WBH and mental health were similar in men and women. InterpretationThese findings reinforce a need for more cohesive UK legislation at the national level; guidance on recognition of bullying behaviours for employees, managers, and human resources at the organisational level, focusing on prevention and early intervention, and increased awareness of the impact of WBH on mental health among health-service practitioners. Study limitations include reliance on cross-sectional data collected before pandemic-related and other major changes in workplace practices. Longitudinal data are needed to improve evidence on causality and the longevity of mental health impacts. FundingUK Prevention Research Partnership.

Assessing the Welfare of Captive Group-Housed Cockroaches, Gromphadorhina oblongonota.

The welfare of invertebrates under human care is of growing concern, particularly with the increasing interest in insect farming as an environmentally sustainable means of producing food. Additionally, individual welfare monitoring systems can be time-consuming and impractical for larger groups, particularly when individual animals are difficult to identify. It is, therefore, imperative to develop a validated system for monitoring terrestrial invertebrate welfare at a group level. The Animal Welfare Assessment Grid (AWAG) is an objective welfare-monitoring tool that has been approved for use with a wide range of species. This study modified the AWAG for large group-level welfare assessments and successfully trialled it on a terrestrial invertebrate species, a group of captive male Gromphadorhina oblongonota. The modified template evaluated the group's welfare by scoring changes to 12 factors that could be tracked over time. The results highlight that the welfare of G. oblongonota is likely to be influenced by environmental and social factors, and inform practical improvements in G. oblongonota care that will result in improved welfare. The findings also demonstrate an efficient way to assess the welfare of invertebrates at the group level, and given the recent UK legislation (Animal Welfare (Sentience) Bill, 2022) plus the emerging interest in invertebrate farming, our findings hold timely significance.

Effectiveness of UK Legislation and Management in Producing Nature Conservation Outcomes

National Nature Reserves (NNRs) are a form of nature conservation management using protected areas to improve specific site features of wider biodiversity. This study focuses on the Purbeck Heath NNR management aims to restore the natural habitat and increase overall biodiversity through landscape-scale management. This study investigated whether landscape-scale management used within the protected areas will benefit overall biodiversity and fulfil legislation. Sites observations were used to assess public compliance in accordance with the legislation and management measures of the specific site, whilst personal communications were carried out to gain representations of what key ecological measures are currently used on site. Bayesian Belief Networks were used to evaluate how different designated features within NNRs will continue to perform under current management methods. Results showed that protected designated features within the reserve would improve under the landscape-scale management of the Purbeck Heath NNR with ecosystem services, biodiversity, protected target species, and protected target habitat likely to increase despite climate change likely to increase. Discussions showed that the main conservation outcome is to increase landscape connectivity, climate resilience and overall biodiversity by placing nature first. Overall, the Purbeck Heath NNR and other super NNRs have the potential to fulfil the legislation aims set out under the various designations of Special Protected Areas, Special Areas of Conservation, Sites of Special Scientific Interest, and Ramsar sites.

As interest in using artificial intelligence increases, can UK and EU compliance legislation keep pace with the rate of change?

Legislation usually follows technological developments, in this case the advancement of artificial intelligence (AI). AI could assist predictions of case outcomes for litigators by methodically reviewing vast data lakes related to previous judgments, reviewing the issues in each related case along with conclusions the judge reached. Therefore, draft proposals such as the EU's Artificial Intelligence Act (AIA), the EU's AI Liability Directive (AILD), guidance from the UK's Information Commissioner's Office (ICO) as well as recommendations from organisations such as the Organisation for Economic Co-operation and Development (OECD) regulating the use of AI from both the UK and EU will be discussed. The development of common AI definitions, technical standards and related tools can assist in the requirement for international harmonisation through other mechanisms as well as judicial awareness of the impending issue. The key areas of research will focus on the following: proposed legislation, existing legislation, journals and books. Case law will also be reviewed to ascertain any awareness from the judiciary as to the complexities related to AI.

Research on Climate Change Legislation in UK

Since the 1760s, the first Industrial Revolution began in England, the steam engine which burns coal appeared. The steam engine could produce many kinds of poisonous gases such as CO, SO2 and NO2, these gases turned London into The City Of Fog. About one hundred years later, With the advent of the second Industrial Revolution, our human beings entered. The age of electricity, but limited by the technology of the time, in order to produce electricity, people still need to burn coal, this could also produce much greenhouse gas. For about a century, with the development of technology, our human step into the information age. Although the technology has advanced rapidly, there are even more fields that need fossil fuels to be burnt. Especially there are more and more cars on the rod and a large amount of them use petrol to run. There are also more and more industrial and residential use of fossil fuels also leads to the production of greenhouse gas like CO2. Besides, the wide use of the air-conditioner and refrigerator has caused a large amount of freon leak and leads to the problem of the Ozone layer hole above the South Pole. Because the greenhouse effect is becoming more and more serious and cannot be ignored,and other extreme natural misadventures happen around the world from time to time, how to solve these problems has become a hot topic to be discussed and it has become an urgent problem to be solved.

Women Consumers' Views on Legislation to Restrict Prominent Placement and Multibuy Promotions of High Fat, Sugar, and Salt Products in England: A Qualitative Perspective.

As part of the childhood obesity strategy, the UK Government has introduced regulations to restrict the ways high fat salt and sugar (HFSS) products can be promoted in retail settings from October 2022. This study explored (i) consumers' views on the likely impact of the UK legislation restricting the placement and promotion of HFSS products on their shopping behaviours and (ii) consumers' beliefs about who is responsible for healthy eating. Using a cross-sectional study design, qualitative semi-structured telephone interviews were conducted with a purposive sample of women who shopped at a discount supermarket. Thematic analysis was employed to identify key themes. Participants' (n = 34) had a median age of 35 years and over half were in paid employment. Five themes were identified: (1) The legislation is acceptable, but people can still (and should be able to) buy HFSS items; (2) The legislation is likely to have more impact on shoppers who do not plan their shopping; (3) Affordability of healthy food is just as, or more, important than the legislation; (4) It's up to the individual to eat healthily; and (5) Government and retailers can better support consumers to make healthy choices. Most participants were optimistic about the incoming regulations and believed that it would support consumers to make healthier food choices. Many raised concerns, however, that the high price of healthy foods and continued availability of unhealthy foods within the stores could undermine the legislation's benefits. Coupling the legislation with interventions to promote and reduce the costs of healthier products would go some way to ensure its success. Raising awareness about marketing strategies that play into consumer concerns for cost and autonomy could further increase acceptance of the policy.

Educational Leadership for Equality, Diversity and Inclusion in Curricula Design

Abstract This paper dissected the role of leaders in implementing equality, diversity and inclusion in UK higher education. Since most Higher Education Institutes are now monitored on their graduate outcomes, it is important that they are inclusive within planning curriculum design so as to give their students better chances and outcomes at completing their studies and being competitive in the global jobs market. The UK law and legislation worldwide is stepping up to value inclusion and now moving away from passive social exclusion. The research used ethnographical research in order to find out if equality, diversity and inclusion is being effectively implemented in curricula design. The results are based on one organisation in the Northwest of England using data collected over a 4-year period. A mixed method research design was also devised to use in-depth unstructured interviews to tutors of HND and degree programmes regarding curriculum design on their programmes. The findings show that there has been significant changes based on social and political influences, such that leaders are therefore working within standardised frameworks as a result of legislation. The primary research confirms that leaders have more understanding of equality, diversity and inclusion and it has the potential to self-sustain the UK higher education system.