To 'cause' involves some express mandate or authority from the person 'causing' to the other person; the meaning of 'permit' depends on the context or the provision contravened.
It will include allowed or authorised and will usually import knowledge on the part of the person permitting. In some provisions, however, such as breaches of Community rules as to periods of driving, it embraces failing to take reasonable steps to prevent.
Road Traffic Accidents—Insurance and European Communities (Rights Against Insurers) Regulations 2002 Road Traffic Act 1988—general provisions The requirement for insurance cover in relation to the use of a motor vehicle and the extent of that cover are set out in Part VI, entitled ‘Third-Party Liabilities’, sections 143–162 of the Road Traffic Act 1988 (RTA 1988). It sets out the rights of injured persons against insurers. RTA 1988—relevant provisions Requirement to insure use of a motor vehicle RTA 1988, s 143: a person must not use (or cause or permit to be used) a motor vehicle on a road or other public place unless there is insurance cover or security in relation to the use of that vehicle. The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019, SI 2019/1047, in force from 1 November 2019, removes the option of securities and deposits as alternatives to motor insurance. Although under SI 2019/1047, reg 5, a deposit made or security given before 1 November 2019 may continue to be effective until 1 November 2021. Extent of minimum cover required—the ‘compulsory risk’ RTA 1988, s 145: the cover in relation to personal injury and death must be unlimited in amount, whereas in relation to property damage cover is required to be up to £1.2m. The limit was increased from £1m with effect from 31 December 2016 by the Motor Vehicles (Compulsory Insurance) Regulations 2016, SI 2016/1193. Duty of
Habitats, wildlife and landscape issues for developers and landowners in Scotland This Practice Note considers controls and regulatory issues protecting wildlife, habitats and landscapes in Scotland, and their potential impact and effect for developers and landowners. It explores the legal and regulatory context over protected sites including special areas of conservation (SACs) and special protection areas (SPAs), sites of special scientific interest (SSSIs), Ramsar sites, marine protected areas (MPAs), national scenic areas (NSAs) and wild land areas (WLAs). Protected species and plants, hedges and trees, invasive non-native species (INNS) as well as engineering works in the water environment and the various responsible agencies responsible for regulating controlled activities and permits are also considered. Background Scotland is known throughout the world for its high quality landscapes and range of wildlife. Large areas of Scotland and its surrounding seas are subject to designations put in place to help protect the integrity of natural interests. Responsibility for nature conservation is a devolved matter for the Scottish Government. The Nature Conservation (Scotland) Act 2004 (NC(S)A 2004) builds on the pre-existing legal framework (eg the Wildlife and Countryside Act 1981 (WCA 1981) and the Criminal Justice (Scotland) Act 2003, Pt 12 s 7) in setting out measures to conserve and enhance Scotland’s natural features within a wider British, European and global context (see further: Issues affecting natural heritage: Stair Memorial Encyclopaedia ). The primary non-statutory
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Irrevocable undertaking—offer & subscription (open offer) [insert company's name] ([Company]) [insert address of company] and [insert address of sponsor/nominated adviser] (the [ Sponsor OR Nomad ]) [insert date] Dear [insert name] [insert name of the company] (the Company) Open Offer of [up to] [insert number] ordinary shares of [insert nominal value] pence each in the capital of the Company at [insert price] pence per ordinary share [or insert other description of transaction] [I OR We] understand that the Company intends to make an open offer of [up to] [insert number] new ordinary shares of [insert nominal value] pence each at an offer price of [insert price] pence per share (the New Ordinary Shares) to its shareholders (the Open Offer) and to apply to the [Financial Conduct Authority for the New Ordinary Shares to be admitted to listing on the Official List and to the] London Stock Exchange plc (the LSE) for the New Ordinary Shares to be admitted to trading on [the LSE's main market for listed securities OR AIM] (Admission). [I OR We] further understand that the Open Offer will be made substantially on the terms and subject to the conditions set out in a prospectus to the Company's shareholders proposed to be despatched on or around [insert date] (the Prospectus [and that the Open Offer will be conditional on, among other things, the passing of the resolutions (the Resolutions) set out in a notice of
Software support agreement—pro-customer This Agreement is made on [date] Parties 1 [Insert name of supplier], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and 2 [Insert name of customer], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is [the licensor of certain software applications]. (B) The Customer is [insert details of Customer’s background/background to the relevant transaction]. (C) The Supplier has granted a licence to the Customer[, members of its group] [and certain authorised third parties ] to use certain software applications and agrees to provide support and maintenance services for such software on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Authorised Third Parties • means any third party (including agents and contractors) engaged to provide services to the Customer or to any Customer Affiliate including any supplier to whom the Customer or any Customer Affiliate has outsourced any part of its business; Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England; Commencement Date • means the date of this Agreement; Confidential Information • means any and all confidential information (whether in oral, written or electronic
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If an enforcement notice is served on both the tenant and landlord and this is not appealed or complied with, who will be liable to be prosecuted? It is assumed that the site subject to enforcement is owned by the landlord but let to a tenant occupier with an interest in the land. If an enforcement notice issued under section 172 of the Town and Country Planning Act 1990 (TCPA 1990) is not appealed, it will take effect on the date stated in the notice, and cannot thereafter be questioned in any proceedings whatsoever on any of the grounds on which an appeal could have been brought (TCPA 1990, s 285). TCPA 1990 defines the owner of land as the person who (whether in their own right or as trustee for another) is entitled to the rack rent for the land (TCPA 1990,
What controls are there on dumping contaminated dredged materials at sea? The Marine and Coastal Access Act 2009 (MCAA 2009) includes a marine licensing regime within the ‘UK marine licensing area’. The ‘UK marine licensing area’ consists of: • the territorial sea adjacent to the UK (out to 12 nautical miles) • any area of sea within the limits of the ‘exclusive economic zone’ (from the edge of the territorial sea out to 200 nautical miles from the baseline—to be determined exactly in regulations), and • the area of sea within the limits of the UK sector of the continental shelf (out to 200 nautical miles) and includes the bed and subsoil of the sea. See MCAA 2009, ss 44 and 66(4). MCAA 2009, s 65 provides that no person may: ‘(a) carry on a licensable marine activity, or (b) cause or permit any other person to carry on such an activity, except in accordance with a marine licence granted by the appropriate licensing authority.’ MCAA 2009, s 66 sets out
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Corporate Crime analysis: While it is anticipated that prosecutions under the National Security and Investment Act 2021 (NSIA 2021) will be exceptionally rare, the criminal sanctions set out in it are explicitly framed to create a ‘sufficiently robust deterrent to ensure compliance.’ The provisions punish corporates and individual officers who connive or consent to commit an offence, as well as individual officers who are negligent (NSIA 2021, s 36). In addition, they are also extra-territorial (NSIA 2021, s 52), meaning that the scope of liability is particularly wide-ranging. Rebecca Niblock of Kingsley Napley considers the expansive approach to liability within the NSIA 2021.
Corporate Crime analysis: The need for harmonisation and uniformity of enforcement of standards across the EU dictates the approach to interpreting offences based on EU regulations—not domestic criminal law concepts of mens rea. Where an EU regulation imposed strict animal welfare standards on a chicken slaughterhouse, it was no answer to a charge under domestic legislation (criminalising any infringement) that the breaches alleged were acts of individual operatives and not of the operating company. Nor was it an answer to rely on domestic law concepts of mens rea to argue that the company had acted with due diligence, without negligence, or without any intention to cause avoidable suffering to chickens. No such limits to liability existed under the EU legislation; it was not open to Member States to reduce the applicable standards when introducing criminal penalties to enforce it, and Parliament could not be taken to have done so. Written by David Perry QC and Victoria Ailes at 6KBW College Hill.
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445. Prohibition on selling aerosol paint to children. A person commits an offence if he sells an aerosol paint container1 to a person under the age of 162. A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale3. It is a defence for a person charged with such an offence in respect of a sale to prove that he took all reasonable steps to determine the purchaser's age, and he reasonably believed that the purchaser was not under the age of 164. Further, it
Cause or permit is referenced 1 in Halsbury's Laws of England
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