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How many laws do we need?
When Moses came down the mountain with Ten Commandments, it would have been interesting to ask, why ten?
Why not eight or twenty?
Moses could never have considered the sin of parking on double yellow-lines and popping into the newsagent for a packet of fags and a copy of the Sun.
Thou shalt not park thy chariot adjacent to the soothsayers premisses lest it doth congest the high street.
It wasn’t there. Not covered. It’s not adulterous, blasphemous or murderous.
What about nicking a packet of fags? That’s covered… thou shalt not steal.
Now, because we are much better at sinning and there are so many laws, it’s a wonder there is anything left we can do!
As of 2022, there were about 4,444 UK Public General Acts. Many older Acts have been repealed, but several thousand remain in force.
Then there is Secondary Legislation (Statutory Instruments). There are between 2-3,000 new ones every year. Meaning there are likely to be over 100,000 still active.
We can assume somewhere between 100,000 to 150,000 ‘laws’ are currently in force in England.
The number of Acts passed each parliamentary session has varied.
- An average of 112 Acts were passed, per session between 1900 and 1939.
- 78 in the ‘50s and '60s,
- 73 in the ‘70s,
- 62 in the '80s,
- 54 in the ‘90s, and
- 47 in the 2000s.
Now you’re thinking what do 650 MPs and 785 Peers do all day? Dunno.
The UK follows a common law system, meaning; laws are built up over time through precedents, statutes, and amendments, rather than being regularly rewritten from scratch.
New Acts of Parliament usually amend, repeal, or build upon previous laws rather than replacing them entirely.
This leads to a complex, layer cake. Older laws can remain in force but are modified over time. For most of us it is an unintelligible mess.
The French have a much better idea; a codified system which means instead of constant amendments, laws are more frequently reorganised into new codes that replace older ones.
This results in a more structured system, where laws are rewritten… the up-shot; people can read and understand them.
Witness to the unintelligibleness of our laws is a fabulous new book, NHS Law and Practice by David Lock KC and his merry gang of fourteen others.
To be honest, I have no idea which of them wrote which bits, but I can tell you it might take all 14 to lift it.
If you were thinking of robbing a jewellery shop, this book would be ideal to throw through the glass window. It’s bigger and heavier than a brick.
If you are a boss who says, come and talk to me, my door is always open, then you are probably a numpty-boss who has no idea what courage it takes to knock on the door and step inside.
If you are a good boss you will make sure your door is actually open, making it a lot easier to hover and dither and be invited in. To do that, a door-stop is required… this book is ideal.
This book has endless practical possibilities;
- Fitness; bicep curls at the desk.
- Practical; raising the height of the laptop for Zoom calls.
- Self defense; if all else fails, throw the book at 'em!
It is also the Swiss Army Knife of NHS law. It’s readable, accessible, a go-to source, and brilliant.
Did you know our great leader, has a duty to give advice on contraception. Ask Wezzz, when you next see him.
Did you know Trusts do not have the power to enter into legally binding contracts with NHS commissioners because s9(5) NHSA 2006 provides…
… any such arrangements ‘must not be regarded for any purpose as giving rise to contractual rights or liabilities’…
... there goes Mad-Dog Milburn’s hopes of reinstating an internal market in the NHS.
Did you know HMG’s response to consultations should take no longer than 12 weeks and the duty to consult is not the same as the duty to ensure public involvement…
... no, and neither, it would appear, does HMG.
This book will create work for NHS estates departments, strengthening the shelves in executive offices…
… but every one of them should have a copy.
And, if it's your thing to understand the twists and turns that is the labyrinth of the NHS …
... so should you.
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