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Practice notes
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...
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Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan
Practice notes
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
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Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan
Practice notes
The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...
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Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
Practice notes
This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
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9th Nov
Practice notes
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan
Practice notes
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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9th Nov
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
Read More >
Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 12th Jan
Precedents
[On headed paper][insert date][Address of tenderer provided in request for clarification]Dear [[insert contact name of tenderer] OR [insert contact...
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Produced in partnership with Peter Ware of Browne Jacobson 12th Jan
Practice notes
Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...
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Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 12th Jan

Most recent Governance content

Precedents
Basic Principles/Instructions for claiming1Statutory power for compiling an elected members’ allowance schemeThe council, in exercise of the powers...
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14th Feb
Precedents
1ContextThese ‘Arrangements’ set out how you may make a complaint that an elected or co-opted member of this authority [or of a parish council within...
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Produced in partnership with Peter Keith-Lucas of Bevan Brittan 14th Feb
Precedents
1IntroductionThis Code of Conduct applies to you whenever you are acting in your capacity as a member of [council name], including:1.1at formal...
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Produced in partnership with Peter Keith-Lucas of Bevan Brittan 14th Feb
Precedents
DefinitionPartner•means[the following: [NAME RELEVANT PARTNERS]ORthose [describe group of contracting authorities eg Councils or academies in a...
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Produced in partnership with Michael Winder of Brabners LLP 14th Feb
Q&As
As a general rule, meetings of local authorities (and their committees and sub-committees) should be open to the public and members of the public...
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Produced in partnership with Matt Lewin of Cornerstone Barristers 13th Feb
Q&As
We refer you to our Practice Note: , which outlines what constitutes a ‘social enterprise’. According to the government, a ‘social enterprise’ is:'a...
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13th Feb
Q&As
Powers under the Localism Act 2011Power of competenceThe competence power gives specified English local authorities the power to do anything that...
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13th Feb
Q&As
The right to buy (RTB) scheme enables eligible council and housing association tenants to buy their home at a discount. The maximum amount of discount...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As
What is NNDR?National non-domestic rates (NNDR) is tax on non-domestic property charged at national rates yet administered locally to ensure that...
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13th Feb
Q&As
A street lighting authority may affix to any building such attachments as may be required for the purposes of street lighting. However, it may not...
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13th Feb
Q&As
Section 45 of the Environmental Protection Act 1990 (EPA 1990) requires each waste collection authority, subject to exceptions, to arrange the...
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Produced in partnership with Adam Heppinstall of Henderson Chambers 13th Feb
Q&As
Under section 123(1) of the Local Government Act 1972 (LGA 1972), principal authorities are entitled to dispose of land held by them 'in any manner...
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13th Feb
Q&As
In conducting our research we have focussed on powers to make decisions. However there are specific considerations applicable to the use of ANPR...
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13th Feb
Q&As
A principal council must adopt a constitution setting out its governance, decision-making structure, standing orders and other rules and protocols....
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13th Feb
Q&As
Enforcement of byelawsUnder section 12 of the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982), constables may prosecute for the...
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Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council 13th Feb
Q&As
Duty to consultThere is no general duty for public authorities to consult those affected by their decisions; but a duty to consult may be imposed by...
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Produced in partnership with Alastair Frew of Lodders Solicitors 13th Feb
Q&As
You may find useful Practice Note: Negligence—breach of statutory duty which considers when it might be possible to bring a claim in negligence for...
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13th Feb
Q&As
What section 58 of the Housing Associations Act 1985 providesSection 58 of the Housing Associations Act 1985 (HAA 1985) states:‘(1) A local authority...
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Produced in partnership with Alexander Campbell of Field Court Chambers 13th Feb
Q&As
The legislative power which allows local authorities to charge for their services is contained within section 1 of the Local Authorities (Goods and...
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13th Feb

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