For the purposes of this Q&A, we presume that the debt collection firm has been instructed by the Financial Conduct Authority (FCA) authorised investment firm to obtain money from a customer of the investment firm because of monies due and owed to the investment firm. We also presume that the investment firm is holding client money belonging to the customer in a client bank account. The treatment and application of FCA client money rules are set out in Chapter 7 of the Client

Previous Home Office Policy Guidance in relation to the dependants of relevant Points-Based System migrants under the pre-Brexit immigration regime confirmed at para 61 that if dependants of a Tier 2 worker still had time remaining on their visas, and the principal Tier 2 Worker was applying for a new period of leave when changing employer, any dependants did not have to apply for further leave in line with the principal applicant and could remain on their existing leave. The replacement UKVI Dependent Family Members in Work Routes Guidance published on 01/12/2020 is unfortunately silent on whether this continues to be the case following the closure of the Tier 2 General, and its replacement by the Skilled Worker route. As discussed in detail in Practice Note: Partners of work, investment and study migrants, at the section ‘What happens if the main applicant switches into another category?’ the relevant Rules

See Practice Note: How to complete Form IHT400, which states: ‘If the deceased was receiving or had made provision for a pension, other than the state pension, answer Yes in box 36 of IHT400 and complete Schedule IHT409.’ See also IHTM17000 onwards, in particular IHTM17011, which states: ‘The taxpayer or agent must fill in form IHT409 if the deceased

It is assumed for the purposes of this Q&A that the company in question is a pre-22 December 1980 company, as since that date it has not been possible to form a company limited by guarantee with a share capital. It is also assumed that the entity is not a charity nor subject to special provisions by virtue of being regulated by a regulatory authority. What is a company limited by guarantee? A company limited by guarantee is a type of company whose members have undertaken to contribute to the assets of the company in the event of it being wound up. It is not possible for a company limited by guarantee to be a public company. Since 22 December 1980 it has not been possible to form a company limited by guarantee with a share capital. However, before that date it was possible to incorporate a company with a share capital but for the limit of its members

Community Infrastructure Levy Regulations 2010 (CIL Regulations), SI 2010/948, reg 42A sets out an exemption from CIL for residential annexes or extensions which meet certain criteria. It provides that a person is exempt from liability to pay CIL in respect of development if all of the following apply: • that person owns a material interest in a dwelling (the main dwelling). A material interest is defined in CIL Regulations, SI 2010/948, reg 4(2) as a legal estate in the land which is either a freehold

Torts (Interference of Goods) Act 1977 Under the Torts (Interference of Goods) Act 1977 (T(IG)A 1977), an offence is committed when there is a ‘wrongful interference with goods’, examples of which include the conversion of goods, trespass to goods and any other tort which results in damage to goods. The tort of conversion was codified by T(IG)A 1977, s 2(2) as the taking of another person's goods for one's own use or a failure to return the specific goods on demand. T(IG)A 1977 defines ‘goods’ broadly as including ‘all chattels personal other than things in action and money’. Case law gives some guidance as to what may or may not constitute ‘goods’ pursuant to

Wayleaves: what they are and how they arise The legal nature of a wayleave is that it is a ‘consent’—or licence—given by the owner of land to another party. In the case of an electricity wayleave, this is a consent to install and maintain an electric line and to enter onto the land for related purposes. The term ‘wayleave’ is generally used to refer to a licence that is supported by either a contractual or statutory right, rather than to a landowner’s mere acquiescence to the presence of an electric line. A wayleave for an electric line can arise either through a contractual agreement or through the statutory power in the Electricity Act 1989 (EA 1989). A statutory wayleave involves a grant by the Secretary of State. This Q&A relates to a sale of land by the grantor of a wayleave, which will not occur where the

We assume that your enquiry relates to employee absence records that give the reason for absence as ‘sickness’ or ‘accident’ but do not include any reference to specific medical conditions. Data concerning health (or health information) amounts to special categories of personal data under Article 9(1) of Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR). This means that, before processing health information relating to an employee or a prospective employee, an employer will need to ensure it can do so lawfully, ie that both: • a lawful condition for processing personal data under Article 6(1) of the GDPR applies, and • a specific condition for processing special categories of personal data under Article 9(2) of the GDPR applies ‘Data concerning health’ is defined as ‘personal data related to the physical or mental health of a natural person, including the provision of health care services,

When it comes whether an employee should be given the opportunity to call witnesses in a grievance meeting, it may be necessary consider the nature of the grievance process (as distinct from the nature of the disciplinary process), the requirements for a fair grievance procedure in the context of potential claims that an aggrieved employee may have and the provisions of the employer's grievance procedure. Nature of the grievance process The purpose of a grievance meeting is to give the employee the opportunity to explain the nature of their grievance and how they would like to see it resolved. As described in the Acas Code of Practice on disciplinary and grievance procedures (Acas Code), grievances are ‘concerns, problems or complaints that employees raise with their employers’ (para 1). The non-statutory Acas guidance on Discipline and grievances at work (Acas guidance) observes that anybody working in an organisation may, at some time, have problems or concerns about

Working time records Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, reg 9 an employer is required to keep records that are adequate to show whether certain working time limits and requirements are being complied with. The records must be kept for each worker employed by the employer in relation to whom the limits apply. The relevant limits and requirements are: • maximum weekly working time (ie average of 48 hours for each seven days) • maximum working time for young workers () • maximum length of night work • maximum night work involving special hazards or heavy physical or mental strain works (ie eight hours in any 24-hour period during which the night worker performs night work) • the requirement that no young worker works in the restricted period—although this is subject to limited exceptions • the requirement not to assign an adult worker to night work until the worker has the opportunity of a free health assessment and

We refer you to the ‘Redress scheme’ section of Practice Note: Regulation of letting and estate agents. An estate agent must be a member of an approved redress scheme. There are currently three approved schemes (details of which are available from their respective websites): • The Property Ombudsman • Ombudsman Services: Property • Property Redress Scheme Any complaint about an estate agent should first be dealt with in accordance

Q&A: Does an executor appointed under the last Will of a deceased person have a right to see a previously revoked Will stored by a law firm? explains that once probate is granted the Will is a public document (except in very limited circumstances). When probate is granted, any person can then apply to the Probate Registry