The following Public Law practice note Produced in partnership with Lisa Larsen of PPL provides comprehensive and up to date legal information covering:
The function of governance is to ensure that an organisation or partnership fulfils its overall purpose, achieves its intended outcomes for citizens and service users, and operates in an effective, efficient and ethical manner. Effective governance encapsulates the successful process by which an organisation assures its identity and function, cascades its values into culture and ethos, and manages outputs, performance and individual staff roles.
The term governance is understood differently across the public sector, but at its most fundamental level can be thought of as ‘the arrangements put in place to ensure that the intended outcomes for stakeholders are defined and achieved’. These arrangements can include political, economic, social, environmental, legal and administrative structures and processes.
This Practice Note uses the following report extensively: International Framework: Good Governance in the Public Sector, the Chartered Institute of Public Finance and Accountancy (CIPFA) and the International Federation of Accountants (IFAC).
The characteristics of the public sector mean that the function performed by governance differs to that in the private sector. Rather than generating profits, public sector organisations are focused on achieving outcomes, and through both elected and non-elected officials are accountable for maintaining or improving the wellbeing of their citizens and the services they receive. Governance in the public sector must therefore ensure that organisations are acting in the best interest
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This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
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