Answers to self-test questions (3.3)

Self-test questions

  • What is the OJ reference of the Preamble to the Accession Treaty of Austria, Finland, and Sweden to the European Union?
  • Which primary statutory provision concerns the use of poison against grey squirrels and coypus and what secondary legislation was made under it?
  • What legislation excepted the Brazilian wolf spider from the provisions of the Dangerous Wild Animals Act 1976?
  • Which private Act ensures that the flood arches at each end of Gunthorpe Bridge are at all times kept open and free for the passage of water?
  • What was the wording of s 15A of the Theft Act 1968 as at 20 January 1995?

Answers

  • The OJ reference to the Preamble to the Accession Treaty of Austria, Finland and Sweden to the European Union is OJ 1994 C241/9. There are several ways to find this. For example, on Westlaw Edge UK, navigate to the EU tab, then browse ‘Treaties’. Select ‘Accession treaties’ followed by the Accession Treaty of Austria, Finland and Sweden (1994). This will open a list of its constituent parts where you will find the OJ reference to the Preamble.
  • The primary statutory provision concerning the use of poison against grey squirrels and coypus is s 19 of the Agriculture (Miscellaneous Provisions) Act 1972. The secondary legislation made under it is the Grey Squirrels (Warfarin) Order 1973/744. There are several ways to find this. For example, on Westlaw Edge UK, by navigating to the ‘Legislation’ tab and searching for ‘coypus grey squirrels’ in free text. This will provide four results, one of which is shown to provide for the use of poison—s 19 of the Agriculture (Miscellaneous Provisions) Act 1972. Clicking through to this section and following the ‘SIs Made Under Act’ link will lead to the Grey Squirrels (Warfarin) Order 1973/744.
  • The Brazilian wolf spider was excepted from the provisions of the Dangerous Wild Animals Act 1976 by the Dangerous Wild Animals Act 1976 (Modification) (No 2) Order 2007/2465, art 2, which substitutes the Schedule in the 1976 Act for the one in the Order. The substituted Schedule no longer lists the Brazilian wolf spider. There are several ways to find this. For example, on Westlaw Edge UK, by navigating to the ‘Legislation’ tab and searching for ‘Brazilian wolf spider’ in free text. This will take you to a list of three Modification Orders, one of which relates to Scotland and one to Northern Ireland.
  • The flood arches at each end of Gunthorpe Bridge are at all times kept open and free for the passage of water by virtue of s 33(2) of the Nottinghamshire County Council Act 1985. There are several ways to find this. For example, on Westlaw Edge UK, by navigating to the ‘Legislation’ tab followed by ‘Local Acts by Title’ and searching for ‘Gunthorpe Bridge’ in free text. This will take you to a list of various parts of the Nottinghamshire County Council Act 1985, only one of which is an actual section. Opening s 33 confirms that it contains the required content.
  • Section 15A of the Theft Act 1968 was not in force on 20 January 1995. There are several ways to determine this. For example, on Westlaw Edge UK, by navigating to the ‘Legislation’ tab followed by ‘Advanced Search’. Here you can enter the provision in question plus a ‘Point in Time’. [In actual fact, s 15A came into force in 18 December 1996.]