Under the National Minimum Wage Regulations 2015 (NMW Regs 2015), SI 2015/621, reg 7, determining whether or not a worker is being paid the national minimum wage involves, in essence, working out an hourly rate of pay by dividing payments received by hours worked in a pay reference period. For more information, see the section of Practice Note: National minimum wage entitled ‘Calculating the hourly rate’. In order to calculate the hourly rate, it is first necessary to calculate the worker's total pay in a pay reference period. Total pay is the payments the worker receives from the employer less any deductions (NMW Regs 2015, SI 2015/621, reg 8). Pay is calculated by taking gross payments and amounts in respect of the pay reference period and excluding: • payments made in the pay reference period that are referable to an earlier

The Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO), SI 2015/596, Sch 2 Pt 5, Class A permits the use of land, other than a building, as a caravan site, subject to the condition that the use is discontinued when the circumstances specified in

The Caravan Sites and Control of Development Act 1960 stipulates that if an annual fee is required by a licence holder, when this annual fee has become overdue, the local authority may apply to the tribunal for an order. This

This Q&A assumes that the private company limited by shares only has A shares and B shares in issue. The B shareholders in the company may be required to consent to a change to the rights attaching to the A shares. In order to ascertain whether such consent is required, it is first necessary to determine whether the change to the rights attaching to the A shares amounts to a variation of the class rights of the B shareholders. Pursuant to section 630 of the Companies Act 2006 (CA 2006), class rights may only be varied: • in accordance with any provisions in a company’s articles of association in relation to variation of the rights, or • if there are no such provisions in a company’s articles, with the consent

Relevant transfers under Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006) are: • business transfers—involving the transfer of an undertaking or business, or part of an undertaking or business situated immediately before the transfer in the UK to another person where there is a transfer of an economic entity that retains its identity following the transfer (TUPE 2006, reg 3(1)(a)) • service provision changes—involving a change in the provider of a service (outsourcing, insourcing or a change in contractor) where certain conditions are satisfied (TUPE 2006, reg 3(1)(b)) For further information, see Practice Notes: • TUPE—business transfers • TUPE—service provision changes It is relatively common for groups of companies to decide, eg for administrative or other business reasons, that employees of one group company need to become employed by another group company. It is clear that the Acquired Rights Directive (ARD), which is implemented in the UK by TUPE 2006, can apply to a transfer between two companies in the

TUPE 2006 Relevant transfers under TUPE 2006 are: • business transfers—involving the transfer of an undertaking or business, or part of an undertaking or business situated immediately before the transfer in the United Kingdom to another person where there is a transfer of an economic entity that retains its identity following the transfer • service provision changes—involving a change in the provider of a service (outsourcing, insourcing or a change in contractor) where certain conditions are satisfied A business transfer under TUPE 2006 occurs where there is: • a transfer of an undertaking or business (or part of an undertaking or business) • situated immediately before the transfer in the United Kingdom • to another person • where there is a transfer • of an economic entity • and the economic entity retains its identity after the transfer There are therefore three key elements: • an undertaking or business, or part of an undertaking

Under section 57(1) of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for the carrying out on land of any development. 'Development' is defined under TCPA 1990, s 55(1) as the 'carrying out of building, engineering, mining or other operations in, on, over or under the land or the making of any material change in the use of any buildings or other land'. However, TCPA 1990, s 55(2)(f) also states that a change of use within the same use class, under the Town and Country Planning (Use Classes) Order 1987, SI 1987/764 (UCO 1987) does not constitute development and therefore does not require planning permission On 1 September

Section 23(2) of the Land Registration Act 2002 provides that the owner of a registered charge who is the registered proprietor (or person entitled to be registered as the proprietor) has the power to charge at law, with the payment of money, the indebtedness secured by the charge. Other kinds of legal sub-mortgage are not permitted. However, it is advisable to check the primary finance

It is assumed that: • the debtor is the sole registered proprietor of the relevant property and is not holding the property as a trustee, and • the charging order is made under section 1 of the Charging Orders Act 1979 (COA 1979) For issues to consider for charging order and orders for sale that relate to joint owners or trustees, see Practice Notes: Charging orders and orders for sale—practical considerations and Charging orders over land—registration issues. Effect of registration of a charging order at HM Land Registry A charge imposed by a charging order made under COA 1979, s 1 is equivalent to an equitable charge under hand. A charging order over land must be protected by registration at every stage of the process of obtaining the order to secure the priority of the order

We refer you to Practice Note: Borrowing by charities which contains guidance on what to consider where a charity enters into a loan. Power to mortgage The charity must have power to borrow and to mortgage its property as security for that borrowing. Such a power may be expressly set out in the charity’s governing document. If there is no such express power, a sufficient power may arise under statute or by implication. If no express or implied power can be relied on, an

The main inheritance tax exemption on a gift to a charity can be found at section 23 of the Inheritance Tax Act 1984, which states: ‘Transfers of value are exempt to the extent that the values transferred by them are attributable to property which is given to charities or registered clubs.’ A charity is defined by Schedule

This issue is covered in the Practice Note: Children of work, investment and study migrants. The financial requirement for a dependent child of a Skilled Worker applying for permission to stay under the Immigration Rules, Appendix Skilled Worker is that, if they have been in the UK for less than 12 months on the date of application, they must hold a specified amount of funds, held collectively by at least one of the following: • the applicant child • their main applicant parent, or • their other parent who is lawfully present in the UK or being granted entry clearance, or permission to stay, at the same time In non-Student simplified categories, such as Skilled Worker, the required minimum amount of funds for the first dependent child is £315, and for each further child is £200 (para SW 33.3).