This Practice Note explains the how communications data can be lawfully obtained and disclosed by public authorities under Part 2, Chapter 2 of the Investigatory Powers Act 2016. It explains when communications data can be acquired without an interception warrant, the authorisations required for the acquisition of communications data, the safeguards in place to ensure that these powers are used appriopriately and the offence of unauthorised disclosure of communications data.
This Practice Note provides an introduction to the Human Rights Act 1998 (HRA 1998), which stems from the European Convention on Human Rights (ECHR). It sets out the human rights which HRA 1998 protects and explains how English law must be interpreted as a result of the introduction of HRA 1998. It explains how courts can declare English legislation incompatible with the principles of the ECHR and the judicial remedies which the courts have available to them.
This Practice Note provides guidance on the concept of ‘local connection’ as set out in section 199 of the Housing Act 1996 (HA 1996). This concept is used to assist a local housing authority (LHA) when dealing with housing applications, as it permits LHAs to make referrals to other LHAs where a housing applicant lacks a local connection to the referring LHA. It covers the circumstances where a referral can be made, the bases upon which a local connection can be established, the date when local connection is established and the mechanisms for resolving disputes between LHAs as to local connection.
This Practice Note covers the concept of suitability of accommodation in the context of Homelessness. It sets out guidance upon the standards applicable to accommodation offered by a local housing authority in discharge of its housing duty under Part VII of the Housing Act 1996 (HA 1996), including the question of how suitability is assessed, factors to be assessed, the impact of the Public Sector Equality Duty and tenure.
This Practice Note covers the law and guidance on the homelessness review and appeals procedure which applies once a local housing authority has reached a decision under section 184 of the Housing Act 1996 (HA 1996) regarding the duty it owes to a homeless applicant. This includes a summary of the decisions which can be reviewed, how that review takes place, the time limits for requesting review and guidance upon the appeals procedure which applies in respect of reviewable decisions.
This Practice Note explains the power to obtain communication data by interception warrant under Part 2, Chapter 1 of the Investigatory Powers Act 2016 (IPA 2016). It explains the offence of unlawful interception of communications data under IPA 2016, s 3 which includes phone tapping or phone hacking) and explores what constitutes ‘lawful authority’ for the purposes of intercepting communications data. This Practice Note also explains the procedure for obtaining an interception warrant, a mutual assistance warrant or a bulk interception warrant and how intercepted communications can be used in legal proceedings.
This archived Practice Note discusses the requirement in the National Planning Policy Framework (NPPF) as first published in 2012 for local planning authorities to plan to meet full, objectively assessed needs (OAN) for market and affordable housing in their areas. It covers: the policy background as contained in the now replaced 2012 version of the NPPF, the approach in the courts, sanctions, the approach to deriving OAN in the now replaced 2012 version of the NPPF, the role of affordable housing, backlogs and shortfalls, persistent under-delivery and the buffers, supply and lapses, and the position where a recent neighbourhood plan is in place. The approach to housing need as it currently applies is covered in a separate Practice Note.
This Practice Note discusses the requirement in the National Planning Policy Framework for local planning authorities to plan to meet their local housing need. It covers: the policy background, the approach in the courts, sanctions, the approach to deriving housing need, the role of affordable housing, backlogs and shortfalls, buffers, supply and lapses, and the position where a recent neighbourhood plan is in place.
This Practice Note provides an introduction to the public sector equality duty (PSED) under the Equality Act 2010 and its role in the day-to-day business of public authorities and bodies. It highlights the key aims of the duty and breaks down relevant definitions such as ‘relevant protected characteristic’. Highlighting the scope and application of the PSED, this Practice Note provides references to case law and guidance to illustrate key considerations for delivering the different aims. It also discusses the processes for assessment under the PSED and the role and involvement of the Equality and Human Rights Commission.
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