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CHECKLISTS
This Checklist sets out the information required to be included in a notice of intention to make an award to the chosen provider or conclude a framework agreement with the chosen provider under the Competitive Process to be sent to the UK central digital platform to comply the transparency requirements mandated by the Health Care Services (Provider Selection Regime) Regulations 2023 (PSR Regs 2023), SI 2023/1348, reg 11(10) and Sch 10. Information to be included Further reading Statement
CHECKLISTS
This Checklist sets out the information required to be included in a notice of urgent award to be sent to the UK central digital platform to comply the transparency requirements mandated by the Health Care Services (Provider Selection Regime) Regulations 2023 (PSR Regs 2023), SI 2023/1348, reg 14(5)(b) and Sch 13. Information to be included Further reading Statement that in the view of the relevant authority, the
CHECKLISTS
This Checklist sets out the information required to be included in a notice of urgent modification to be sent to the UK central digital platform to comply the transparency requirements mandated by the Health Care Services (Provider Selection Regime) Regulations 2023 (PSR Regs 2023), SI 2023/1348, reg 14(5)(c) and Sch 14.
CHECKLISTS
This Checklist sets out the information required to be included in a notice of intention to award to the chosen provider under the Most Suitable Provider Process to be sent to the UK central digital platform to comply the transparency requirements mandated by the Health Care Services (Provider Selection Regime) Regulations 2023 (PSR Regs 2023), SI 2023/1348, reg
CHECKLISTS
This Checklist provides a summary of the relevant law relating to deferred payment agreements (DPAs), when it is mandatory to grant them, choosing and setting up the DPA, executing the DPA and dealing with mandatory signatories who lack capacity, registering the agreement and storing originals after registration. Deferred payment agreements—relevant law The first points of reference regarding deferred payment agreements (DPAs) are the statute, regulations and guidance. These are: • sections 34 and 35 of the Care Act 2014 (CA 2014) • the Care and Support (Deferred Payment) Regulations 2014, SI 2014/2671 • Part 9 of the Care and support statutory guidance (the guidance) Points to note This Checklist covers the offering and securing of mandatory DPAs, ie DPAs which you are compelled by statute and regulations to agree to. The Checklist does not cover the considerations to take into account when considering offering discretionary DPAs. However, if a discretionary DPA is offered and accepted, the execution and securing of such a DPA is exactly the same and
CHECKLISTS
This Checklist sets out suggested actions that a local authority (LA) can take in order to prevent the accumulation of social care debt by service users. Prevention Prevention of the accumulation of debt is the real key. The following are suggested steps for the client department of an LA to take so the debt does not get to legal, or to make it easier to collect the debt: • collect detailed information at the start of the process. Get as much financial information as possible, copies of bank statements, DWP letters, etc. Information is the key
CHECKLISTS
This Checklist canvasses some of the common issues encountered when it comes to requesting or providing an employment reference. For further guidance on references generally, see Practice Note: References. For a template letter of reference from an employer to a prospective new employer concerning an existing or former employee, see Precedent: Letter—employee reference. • Requesting references ◦ It is common practice for an employer to give a reference in respect of an employee or former employee almost as a matter of course, unless there are good reasons for not doing so ◦ Check whether the references are required before employment commences—they usually will be and so any offer letter should contain a statement that the offer is conditional upon and subject to receipt of references satisfactory to the employer. The statement must be made to the employee before they accept the employment, so that it becomes a term of the contract. If the employment is started before those references are received, the employment contract should provide that, if unsatisfactory references are received, the employer has the right to dismiss
CHECKLISTS
Where a court hearing is conducted remotely or on a hybrid basis, additional steps will need to be taken compared to a traditional hearing in a physical court building to ensure that the hearing runs smoothly. This Checklist sets out what practitioners should consider when preparing for and participating in a remote hearing. It should be read in conjunction with Practice Note: Remote and hybrid hearings in civil proceedings. In relation to electronic bundles, practitioners may also find it useful to refer to Practice Note: Electronic bundles in civil proceedings. Preparing for the remote hearing Preparing the set up for the remote hearing The following steps should be taken to prepare for the hearing: • it is essential to run a test run of the platform so that any technical issues can be addressed. Your chosen IT specialists should participate in the test run • check any relevant court order to ensure that access to the platform is only given to authorised participants (Gubarev v Orbis Business Intelligence Limited) • check that
CHECKLISTS
When and why is a foreign law legal opinion needed? A lender will require a foreign law legal opinion from lawyers in each relevant jurisdiction in the context of a cross-border loan transaction. For example, in the scenario where a transaction has a facility agreement and other finance documents governed by the laws of England and Wales, a borrower or other obligor incorporated in the British Virgin Islands (BVI) and certain security assets situated in Jersey, a lender will require a legal opinion from lawyers in each of England and Wales, the BVI and Jersey. The main purposes of a legal opinion (whether foreign law or otherwise) are: • to confirm to the recipient of the legal consequences and effect of a document, transaction, or course of conduct (as relevant) • to satisfy the recipient that a lawyer has examined specified legal aspects of a transaction, and/or • to state conclusions of law as to the ability of a party to enter into and perform its obligations under a document It
CHECKLISTS
This Checklist looks at how easements are created and how they must or may be registered at HM Land Registry. It includes the following key sections: • Is there an easement? • Is it capable of being a legal easement? • Has the easement been created by express grant? • Is the easement an express grant contained in a deed of grant or transfer? • Is the easement contained in a lease? • Has the easement been created by implied grant? • Has the easement been created by presumed grant? • Is the easement an equitable easement? • Is the easement an overriding interest? • Rights other than easements An application to HM Land Registry for registration of an easement may need to be accompanied by evidence of third party consents or of compliance with a restriction on title. These are not dealt with in detail in this Checklist; see Practice Notes: Mortgages and land—dealings with land subject to a mortgage or legal charge and Land registration—restrictions on title under the Land Registration Act 2002. Is
PRACTICE NOTES
Introduction Community Infrastructure Levy (CIL) is a charge levied in respect of development. The legislative basis for CIL is found in Part 11 of the Planning Act 2008 (PA 2008), which empowers the Secretary of State to make regulations providing for the imposition of CIL in connection with planning permission. Those regulations were made in the form of the Community Infrastructure levy Regulations 2010 (the CIL Regulations), SI 2010/948. CIL applies to both England and Wales. The CIL Regulations, insofar as they affect individual developments, operate on the basis of a series of notices relating to a development, which must either be submitted by the applicant/landowner/developer to the collecting authority, or which must be issued by the collecting authority. This Practice Note lists those notices and explains: when they must be submitted/issued and by whom on whom; what detail they must provide; what the effect of the notices are; and what the consequences are if they are not submitted/issued. It focuses on the notices which must or may be served in connection with
CHECKLISTS
This Checklist sets out the information required to be included in a communication to unsuccessful provider to comply with the transparency requirements mandated by the Health Care Services (Provider Selection Regime) Regulations 2023, SI 2023/1348, reg 11(8)(b)