Section 45 of the Environmental Protection Act 1990 (EPA 1990) requires each waste collection authority, subject to exceptions, to arrange the collection of household waste. Under EPA 1990, s 46 a waste collection authority can issue a notice on an occupier of premises to require them to place such household waste for collection

Section 174(1) of the Social Services and Well-being (Wales) Act 2014 provides that a local authority must establish a procedure for considering representations, including complaints, made to it by a person to whom SSWWA 2014, s 174(3) applies about its discharge of a qualifying function in relation to a child who is being looked after it, or who is not being looked after by it but may have needs for care and support. SSWWA 2014, s 174(2) sets out what are qualifying functions, and section 174(3) of the Social Services and Well-being (Wales) Act 2014 states the persons in respect of whom section 174(1) of the

Applicable, or governing, law: The Rome Convention, Rome I and Rome II Applicable law is the law that governs a dispute between the parties. Generally, parties have the freedom to choose the applicable law. However, where they have failed to do so or have chosen a law which is prohibited

The Housing Act 2004 (HA 2004) makes provision for all deposits paid under assured shorthold tenancies to be protected by a deposit protection scheme. HA 2004, Sch 10 sets out the requirements for such schemes. This includes the requirement that (at paragraph 10) ‘Every custodial scheme or insurance scheme must provide for facilities to be available for enabling disputes relating to tenancy deposits subject to the scheme to be resolved without recourse to litigation’. The document ‘Rules for the Independent Resolution of Tenancy Deposit

The firm’s COLP and COFA are required to ensure compliance by the firm and its managers, employees or interest holders with the SRA’s regulatory arrangements which apply to them. However, in the case of non-solicitor employees, it is by no means clear what these are. SRA Principles The Principles do apply to employees. According to the SRA: ‘The SRA Principles comprise the fundamental tenets of ethical behaviour that we expect all those that we regulate to uphold. This includes all individuals we authorise to provide legal services (solicitors, RELs and RFLs), as well as authorised firms and their managers and employees.’ Code for Solicitors, RELs and RFLs The Code for Solicitors does not appear to apply to law firm employees, other than solicitors, registered European lawyers (RELs) and registered foreign lawyers (RFLs). According to the SRA: ‘The Code of Conduct describes the standards of professionalism that we, the

Our understanding is that whether legal professional privilege (LPP) is available is a matter of common law. We do not understand the SRA’s proposals to have an impact on

There does not appear to be a reference in the Special Guardianship Regulations 2005 (SGR 2005), SI 2005/1109 to a specific requirement for a Disclosure and Barring Service (DBS) check. Section 14A(8) of the Children Act 1989 provides that once a local authority has received written notice of an intention to make an application for a special guardianship order (SGO), it must investigate the matter and prepare a report for the court dealing with: • the applicant’s suitability to be a special guardian • other matters prescribed in regulations

Accounting records Section 388(4) of the Companies Act 2006 (CA 2006) provides that the accounting records that a company is required by CA 2006, s 386 to keep must be retained by it: '(a)    in the case of a private company, for three years from the date on which they are made; (b)    in the case of a public company, for six years from the date on which they are made.' Statutory companies Statutory companies are governed principally by the Act

A local authority is defined in section 270(1) of the Local Government Act 1972 (LGA 1972) as ‘a county council, a district council, a London borough council or a parish [council, but in relation to Wales, means a county

Subject to certain exceptions, for which see Practice Note: Allotment and issue of shares—introductory points, a director of a company (other than a private company with one class of shares that is allotting shares of the same class) requires authority, either from its articles of association or by a resolution of its shareholders, before the director can validly exercise a power of the company to allot, grant rights to subscribe for or convert any security into shares (section 551(1) of the Companies Act

This Q&A only considers a class of closed beneficiaries and not the scenario where there may be other persons who are capable of benefitting under the trust, other than the individuals whose interest in income has already vested. Practice Note: Trustees—removal of trustees provides that where the beneficiaries of a trust are collectively absolutely entitled to the whole of the trust property, they can compel a trustee to retire by serving a written direction on them to that effect, thereby effectively conferring on them a power to remove that trustee. They may also appoint a new trustee in the retired one's place. The power conferred by section 19 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) cannot be invoked if the trust instrument

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134, regs 27–38 (Part 3) sets out the consumer’s right to cancel doorstep and distance contracts. Certain exclusions apply. For example, the cancellation rights do not apply to contracts to the extent they are excluded under CCR 2013, SI 2013/3134, reg 28, which