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FLOOD DEFENCE LAW William Howarth, BA, LLM

The combination of unprecedented rainfall and environmental fears about long-term climatic change have placed the legal provisions and administrative responsibilities concerning floods and land drainage under new scrutiny. This major new book sets out to examine and explain the legal aspects of flooding and land drainage for all those who are involved with the subject: policymakers in central and local government; legal practitioners, working with environmental and water-related agencies and organisations, or in private practice; engineers and environmental professionals, engaged to plan, undertake or evaluate flood defence projects; and individuals who are the unfortunate recipients of floodwater.

Each kind of reader will have his or her own particular interests and concerns, and the work is sufficiently comprehensive and accessible to address these.

In this work, 'flood defence' is broadly interpreted to encompass the drainage of land, the defence of watercourses and the sea from flooding, the provision of flood warning systems and coast protection activities undertaken to prevent loss of coastal land.

The most surprising feature of flood defence law is the general reluctance of the law to impose criminal culpability or civil liability in relation to flooding damage. There is no criminal offence of causing flooding and the possibilities for enforcement of private duties to prevent flooding are quite limited. Public

This book looks at the balance which is drawn between those circumstances where flooding is properly recognised to be attributable to some kind of human failing, for which liability of some kind may be found, and those situations where flooding is recognised to occur without human fault, most frequently as a result of nature.

Paperback (234 x 156 mm) 608 pages

Full Price £45.00, post free in the UK

Contents

Preface

Table of Statutes

Table of Statutory Instruments

Table of European Community Secondary

Legislation Table of Cases

Chapter 1:       Introduction and Background

Chapter 2:       Private Rights and Duties

Chapter 3:       Institutional Responsibilities

Chapter 4:       Operational and Regulatory Powers

Chapter 5:       Coast Protection

Chapter 6:       Funding

Chapter 7:       Sewerage and Water Supply

Chapter 8:       Public Health, Highways and Reservoirs

Chapter 9:       Planning

Chapter 10:     Environmental and Ecological Impacts

Chapter 11:     Information, Warnings and Insurance

Chapter 12:     Sustainability

Bibliography

The author

William Howarth is Professor of Environmental Law at the University of Kent at Canterbury and the author of several books, including Wisdom's Law of Watercourses and, with Donald McGillivray, Water Pollution and Water Quality Law, both published by Shaw & Sons. He has also written reports and numerous articles in academic journals on diverse aspects of water and environmental law.

He is the General Editor of the Journal Water Law and has acted as an advisor on water and fisheries legislation to governments and regulatory bodies at national and international levels.

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The Law of Allotments

5th Edition

Paul Clayden, M.A., Solicitor

As with previous editions, the purpose of this useful book is to state in a practical, concise but comprehensive form the law of allotments for the benefit of local authorities and their officers, and for the secretaries and advisers of local allotments societies and associations.

The law rests for its basis on contract - no-one can be compelled to take an allotments tenancy. Within that law of contract, allotments law is a specialised branch of the law of landlord and tenant, and a branch which is the product of statute.

The book has now been brought fully up to date with references to the latest cases and recent policy developments.

The Author

Local government expert Paul Clayden has many years' experience of local council matters, has written widely on related legal topics and now runs an advisory service for local councils. He is also the author of The Councillor and The Local Council Clerk's Guide.

Paperback 104 pages June 2002 FULL PRICE £18.95, post free in the UK

PREFACE TO THE FIFTH EDITION

As with previous editions. the purpose of this little book is to endeavour to state in a concise but reasonably comprehensive form the law of allotments for the benefit of local authorities. particularly parishes and communities and their officers, and also for the secretaries and advisers of local allotments societies and associations. The law rests for its basis on contract: no one can be compelled to take an allotments tenancy.  Within that law of contract. allotments law is a specialised branch which is the product of statute.

The relevant statutes are many and of considerable age. The recommendation of the Thorpe Committee (see the Glossary and Abbreviations on p.xxiv) in 1969 that "all existing allotments legislation should be repealed and replaced by a single Act" has not been implemented.  The most recent enquiry into allotments - by the House of Commons Environment. Transport and Regional Affairs Select Committee in 1997/98 (see Glossary  and Abbreviations on p.xxiv) - also concluded that all existing allotments legislation should be consolidated into a single Act. The Committee's view was endorsed by the then Department of the Environment. Transport and the Regions (now the Department for Transport, Local Government and the Regions) in its report dated 13 November 1998 as folio" s: "For the long term protection of, allotments.  We believe that allotments legislation must be overhauled. We conclude that the Government should issue a Green Paper as soon as is practicable and commission a research study to consult with the various interested parties and develop a consolidating piece of legislation which simplifies updates and enhances existing allotments legislation. The Government should aim to introduce the resulting Bill within the lifetime of this Parliament." (Paragraph 29)

The Government of Wales Act 1998 established the National Assembly for Wales to which most of the functions of the Secretary of State for Wales were transferred by the National Assembly for Wales (Transfer of Functions) Order 1999 (Sl 1999/672). The Order transferred the powers of the Secretary of State in relation to allotments with effect from 1 July 1999.

Paul Clayden Henley-on-Thames

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Noise Control

The law and its enforcement 3rd Edition

Christopher N Penn

November 2002 Full Price £39.95

This book, now in its third edition, has been in continuous demand for over twenty years. It is generally accepted as the foremost publication on the law and practice of noise control. It has become essential reading for those professionals and practitioners whose work involves considering the legal and practical implications of controlling the increasing impact of noise on the environment and human health.

The problems of poor sound insulation in dwellings, rapidly increasing road and air traffic, high levels of domestic noise complaints, the increasing influence of the European Community, constantly changing legislation and the developing legal decisions under the Human Rights Act 1998 make this updated and expanded version of Chris Penn's book even more essential reading.

The book is recommended reading on a variety of acoustic an legislative training courses and has been expanded to include reference to the more recent relevant court cases, consultation documents and guidance issued by the Government, and has an entirely new chapter on Integrated Pollution Prevention and Control (I.P.P.C.). Case law has been updated, and the relevant practical implications of new legislation such as the Human Rights Act 1998 and the Regulation of Investigatory Powers Act 2000 have been included in the familiar orange cover of this new edition.           

The book features several informative illustrations and contains detailed Tables of Contents, Statutes and Cases, a thorough Bibliography and a full Index. It should also be noted that the book covers Scotland as well as England and Wales.

1.         Noise Control

2          Noise Nuisance

3.         Noise in Public Places

4.         Noise Abatement Zones

5.         Construction Site Noise

6.         Road Traffic Noise

7.         Integrated Pollution Prevention and Control (I.P.P.C.)

8.         Aircraft Noise

9.         Planning and Development

10.       Occupational Noise Exposure

Bibliography

Appendix: forms and records relating to noise control

Index

About the Author

Christopher N. Penn

Chris Penn spent 35 years in Local Government as an Environmental Health Officer, including 20 years in Senior Management posts. He has written many articles on environmental pollution/health and safety issues. For three years he was the Local Government correspondent to a leading health and safety publication.

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Davies' Law of Burial Cremation and Exhumation

Edition: 7th

Author: David Smale

ISBN:  0 7219 0065 8, paperback

Publishers Shaw & Sons Ltd

Price:  £39.95

Publication Date: December 2002

This standard textbook on the subject has been fully revised to take account of the many changes in law and practice that have occurred since the last edition. Of particular note are the regulations that relate to the cremation of body parts, the consequences of the Dr Shipman case and various matters associated with coroners and death certification generally. Many other topical issues are addressed, such as the disposal of foetal remains and the Office of Fair Trading Report Funerals.

Statutory changes since 1997 such as the Deregulation (Still-Birth and Death Registration) Order 1996, Data Protection Act 1998, Access to Justice Act 1999 and the Cremation (Amendment) Regulations 2000 are featured.

Updated information regarding procedures for burial at sea and the removal of bodies into and out of England and Wales is also included.

Part 1 deals with funeral arrangements including general requirements after death, registration of deaths and still­births, the disposal of bodies and the responsibility for funeral arrangements and expenses. Part 2 deals with burials, in churchyards and cemeteries, and the procedure and registration of a burial. Parts 3 and 4 cover cremation and exhumation fully. This new edition also features a brand new index.

This title remains invaluable to those connected with the disposal of the dead.

CONTENTS

PART I - Funeral Arrangements

General Requirements after a Death

Registration of Deaths and Still-Births

Disposal of Bodies of Deceased Persons

Responsibility for Funeral Arrangements and Expenses

PART II - Burials

Burials in Churchyards

Burials in Cemeteries

Burial Procedure and the Registration of Burials

Gifts for the Maintenance of Monuments, Memorials, Graves or Tombstones

PART III - Cremation

The Provision, Management and Development of Crematoria

Cremation Procedure

PART IV - Exhumation and Disused Burial Grounds

Exhumation Powers, Procedure and Offences

Utilisation and Development of Disused Burial Grounds and

Closed Churchyards

Appendices

Index

The Author David Smale is a past President of the Institute of Burial and Cremation Administration and former Superintendent and Registrar of Cemeteries, Crematorium and Mortuary Services in Brighton. He has also previously edited RESURGAM, the quarterly journal of the Federation of British Cremation Authorities.

Previous Reviews have said:

THE CLERK "A must for those involved with a cemetery or crematorium."

"A truly comprehensive volume. a significant achievement.” Institute of Burial and Cremation Administration Journal

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A Companion Guide to Mentally Disordered Offenders

One of the Series of Companion Guides

Edition: 2nd 2003 New Edition

Author: Nigel Stone

ISBN:  07219 1621 X

Publishers Shaw & Sons Limited

Published Price:         £16.50

Publication Date: 2003

The first edition of this book was welcomed by probation and mental health personnel as an accessible guide to this complex area of law, covering the spectrum of special provision from the mentally disordered suspect at the police station through to the conditional discharge from hospital of restricted patients, including diversion from the criminal justice system, insanity and allied defences, community orders combining treatment and supervision, mentally disordered prisoners, guardianship orders, etc.

Now completely revised and updated, the text considers the proposed new Mental Health Act and the introduction of measures permitting the indefinite detention of persons with personality disorders considered to pose unacceptable risks to public safety. The book includes illustrative case examples of patient­ offenders at point of sentence and their subsequent management from a legal perspective.


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The Law of Mobile Homes and Caravans

Edition: 2nd Edition

Author: Paul Clayden, M.A., Solicitor

ISBN:  0721908128, Paperback, 224 pages

Publishers Shaw and Sons

Price:  £24.95 RRP UK

Publication Date: 2003

The complexity of the law as it relates to the use of caravans as holiday and, indeed, permanent accommodation should not be underestimated. This book clarifies the legislation for the legal specialist but will also prove invaluable to those who deal with caravans on a practical level, such as commercial site owners and operators and residents' associations.

All aspects of the law as it relates to caravans are covered, including site control, powers and duties of local authorities, the rights of owners and occupiers of residential homes, gypsy encampments, road traffic control and taxation.

This is the second edition of a book first published in 1985. Whilst the main statutory provisions relating directly to mobile homes and caravans have not altered a great deal, there have been many changes in law, practice and policy in related areas. Among the main changes which have taken place are: the abolition of the duty on local authorities to provide sites for travellers; new laws relating to the removal of unauthorised campers; and new security of tenure provisions for residential tenants.

Contents

Introduction

A Brief History of Caravan Control Prior to 1960 The Scope of the Current Law

Part I: Caravan Site Control Requirements and Definitions The Grant of Planning Permission The Grant of the Site Licence

The Powers of Enforcement of Local Authorities The Duties and Responsibilities of Local Authorities

Part II: Caravans as Homes The Scheme of Legislation Definitions

The Rights of Owners and Occupiers under the 1968 Act The Mobile Homes Act 1983

Statutory Control over Residential Tenancies

Part III : Gypsies Gypsy Sites

Gypsies and Human Rights Law

Part IV: Miscellaneous

Council Tax and Non-Domestic Rating Road Traffic Control

Taxation

Appendices

Model Standards for Permanent Residential Mobile Home Sites

Model Standards for Holiday Caravan Sites

Written Statement Under the Mobile Homes Act 1983

Also from Paul Clayden

Paul Clayden has many years' experience of local council matters, has written widely on related legal topics and now runs an advisory service for local councils. He is also the author of The Parish Councillor's Guide, The Councillor, The Local Council Clerk's Guide and The Law of Allotments, all published by Shaws.

More Details on the Shaw & Sons Website

LINKS

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