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PRACTICE NOTES
Scope of this Practice Note This Practice Note considers the role of Designated Professional Bodies (DPBs) (which represent solicitors, accountants, actuaries, licensed conveyancers and chartered surveyors) and which is set out in Part 20 of the Financial Services and Markets Act 2000 (FSMA 2000). DPBs are bodies that regulate and supervise members of the professions, which are considered exempt professional firms (EFPs) under FSMA 2000, s 327. This Practice Note considers what requirements must be met for a professional body to be considered a DPB, the exemptions that apply to members of the professions and the required disclosures that such firms must make to the public. What is a Designated Professional Body? A Designated Professional Body (DPB), is a body that regulates and supervises members of the professions (ie solicitors, accountants, actuaries, licensed conveyancers and chartered surveyors), which are exempt professional firms under FSMA 2000, s 327. An exempt professional firm, is a person to whom the general prohibition does not apply. A person must not carry on a regulated activity in the UK or purport to do
GLOSSARY
A professional body which has been designated by the Treasury.
GLOSSARY
1 Nuclear sites designated under Section 3 of the Energy Act 2004. 2 All nuclear licensed sites are "designated sites" for the purposes of section 128 of the Serious Organised Crime and Police Act 2005, making it a criminal offence to enter such sites without the owner’s consent. 3 Sites designated as suitable for nuclear new build in the nuclear NPS (EN-6) or its replacement which is currently subject to public consultation. 4 See SPA, SAC, AONB and National Park.
GLOSSARY
A bank account which is opened when the pension scheme is established and from which the scheme provider conducts the administration of the scheme.
GLOSSARY
A central location for the Family Court in each geographic area where the designated family judge is based. This is the principal location at which family proceedings will take place in.
GLOSSARY
The judge who has responsibility to provide leadership to the family judiciary within the court centre or group of courts.
GLOSSARY
The member of a limited liability partnership designated pursuant to the Limited Liability Partnership Act 2000 who performs certain duties in relation to the legal administration of the LLP that would, for a company, be performed by the secretary or directors.
GLOSSARY
Scheme chosen by an employer to offer as a stakeholder pension scheme to its employees.
GLOSSARY
The statutory process by which the Secretary of State directs that NDA will have certain responsibilities to secure in relation to an installation, site or facility under the Energy Act 2004. The Secretary of State must lay a copy of every direction containing a designation before Parliament.
PRACTICE NOTES
This Practice Note aims to provide guidance on the often controversial issue of local authority designation for the purposes of section 31 of the Children Act 1989 (ChA 1989). In particular, it will focus on: • the different statutory tests for designation under either care or supervision orders • with regard to a care order, the impact (if any) of A v A (Children: Habitual Residence) (Reunite International Child Abduction Centre) on the concept of ‘ordinary residence’ • the ‘stop clock’ provisions contained in ChA 1989, s 105(6) and the impact of the changes to ChA 1989, s 22 brought in by the Children and Young Persons Act 2008, with regard to the definition of a looked after child General principles The Family Court cannot make a care order or a supervision order in the abstract. These orders must identify the local authority which is tasked with the responsibility of either caring for, or supervising, the subject child. The order must designate the responsible authority. On
NEWS
Local Government analysis: On 12 July 2024, Cheshire East Borough Council (Cheshire) issued proceedings seeking a care order (and an interim care order) in relation to a child who had been born prematurely in Manchester the same day. The child’s mother had a long history of engagement with the Cheshire authority’s children services in relation to two older half-siblings of the child. This work followed a myriad of issues including domestic abuse, sexual exploitation and anti-social behaviour (including alcohol and drug misuse). On 23 August 2024, Recorder Shaw made an order designating Calderdale Metropolitan Borough Council (Calderdale) as the relevant local authority within the care order. Calderdale appealed that decision (on the basis that the judge had erred in law and fact) with Cheshire, both parents and the child’s guardian all opposing. Permission to appeal was granted by Lord Justice King. in the Court of Appeal, the lead judgment was given by Mr Justice Cobb, dismissing the appeal and finding that Recorder Shaw had been entitled to reach the conclusions he did and to make the order as he had done. Written by Clive Adams, partner at Birketts LLP.
PRACTICE NOTES
Sanctions designations are a central mechanism through which the UN, the UK and the EU restrict the activities of individuals and entities associated with threats to international peace, security or other specified objectives. Once a person is designated, restrictions—most commonly involving asset-freezing and limits on the provision of funds or economic resources—apply automatically. In the UK, ministers have the power to implement sanctions regimes under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). At the international level, the UN Security Council identifies targets for sanctions through its listing procedures, while the EU adopts both UN-mandated and EU-autonomous measures using its own legislative processes. This Practice Note explains how designations operate across these systems, the impact on those subject to restrictions, and the available mechanisms for challenging or seeking the removal of a listing. For information about SAMLA 2018, see Practice Notes: International sanctions—an introductory guide, The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force. What