The Town and Country Planning General Regulations 1992 (TCPGR 1992), SI 1992/1492 were made under section 316 of the Town and Country Planning Act 1990 (TCPA 1990), which relates to the determination of planning authorities’ own applications. The starting point is that TCPA 1990, Pt III, on development control, along with TCPA 1990, Pts VII and VIII on enforcement and special controls, apply to planning authorities’ applications, although there is some modification of the rules by TCPGR 1992, SI 1992/1492 (or in the future any regulations made under the section). TCPGR 1992, SI 1992/1492, reg 3 states that the following must be determined by a planning

Section 1 of the Children and Young Persons Act 2008 (CYPA 2008) states that a local authority may enter into arrangements with a body corporate for the discharge by that body of some or all of the relevant care functions of that authority (but subject to CYPA 2008, s 2). A charitable incorporated organisation (CIO) is a form of legal entity that is only available to charities. A CIO is an incorporated entity with its own legal personality (ie it is a 'body corporate', but not a company), that has to be registered with the Charity Commission (not with Companies House). See the ‘Company incorporation—glossary of terms’, available on Lexis®PSL Corporate. CYPA 2008, s 1(2) states as follows: 'The relevant care functions of a local authority are— (a) its

Section 1(1) of the Trustee Delegation Act 1999 (TDA 1999) provides that the donee of a power of attorney is not prevented from doing an act in relation to land, capital proceeds of a conveyance of land or income from land, by reason only that the act involves the exercise of a trustee function of the donor if, at the time when the act is done, the donor has a beneficial interest in the land, proceeds or income. This is subject to TDA 1999, s 1(3), which provides that TDA 1999, s 1(1) applies only if and so far as a contrary intention is

There are two issues that need to be addressed: • did the deed of variation satisfy the conditions of section 142 of the Inheritance Tax Act 1984 (IHTA 1984)? • does section 103 of the Finance Act 1986 (FA 1986) prevent the deduction of a liability where the debt consists of property which was originally redirected by the deceased under a deed of variation? IHTA 1984, s 142 Various conditions need to be satisfied in order for IHTA 1984, s 142 to apply. One point to consider here is whether consideration was provided for the variation (eg the agreement or understanding that the children would loan the money back to their

Section 11(1) of the Inheritance Tax Act 1984 (IHTA 1984) provides : ‘(1) A disposition is not a transfer of value if it is made by one party to a marriage [or civil partnership] in favour of the other party or of a child of either party and is— (a) for the maintenance of the other party, or (b) for the maintenance, education or training of the child for a period ending not later than the year in which he attains the age of eighteen or, after attaining that age, ceases

A lease granted to a tenant for life for a rent or premium takes effect as a lease for 90 years, determinable on one month’s notice after the tenant's death—section 149(6) of the Law of Property Act 1925 (LPA 1925). Section 11 of the Landlord and Tenant Act 1985 (LTA 1985) imposes landlord repairing covenants in certain residential leases. Where the landlord is in the private sector, the covenants will only apply to leases of less than seven years—LTA 1985, s 13(1). By LTA 1985, s 13(2)(b), ‘a lease which

Section 11 of the Landlord and Tenant Act 1985 (LTA 1985) implies a compulsory contractual term into all tenancies (even where there is an express repairing covenant) of less than seven years. This implied obligation cannot be contracted out of. The other relevant provisions of LTA 1985 are: • section 13(1) which provides that: ‘Section 11 (repairing obligations) applies to a lease of a dwelling-house granted on or after 24th October 1961 for a term of less than seven years.’ • section 38 which provides that: ‘“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it.’ • section 16(b) which provides that: ‘“lease of a dwelling-house” means a lease by which a building or part of a building is let wholly or mainly as a private residence, and “dwelling-house” means that building or part of a building.’ • section

It is assumed that the property is in England. Section 11 of the Landlord and Tenant Act 1985 (LTA 1985) inserts into certain residential leases an implied covenant on the part of the landlord to keep in repair certain parts of, and installations in, the property. The leases to which the covenants apply are set out at LTA 1985, s 13. These are: • a lease of a dwelling-house granted on or after

The bailee’s entitlement to sell the bailor’s goods under section 12(3) of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), applies to both licensors and landlords (and indeed any other bailee). T(IG)A 1977, s 12(1) and (3) are not concerned with the distinction between licenses and leases, but rather the relationship

Section 144ZA of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) acts to disapply TCGA 1992, s 17 (the market value rule) in relation to an unapproved share option where the option binds the grantor to sell. This results in the disposal proceeds on exercise of the option and sale of the shares being determined by reference to the actual exercise price, rather than market value (TCGA 1992, s 144ZA does not disapply TCGA 1992, s 17 with respect to the consideration paid for the grant of an option). Accordingly, in respect of the exercise of unapproved share options, the

For the purposes of this Q&A we have focused on the nature and extent of the provision of section 178 of the Housing Act 1985 (HA 1985) which applies to costs between the tenant and landlord where the tenant is exercising a right to buy or right to acquire. The purpose of HA 1985, s 178 is to disallow any term in a contract

Under section 18(2)(a) of the Equality Act 2010 (EqA 2010), a person discriminates against a woman if in or after the protected period in relation to a pregnancy of hers, they treat her unfavourably because of the pregnancy. For these purposes, the ‘protected period’ begins when the relevant woman’s pregnancy begins, and ends: • if she has the right to ordinary and additional maternity leave, at the end of the additional maternity leave period or (if earlier) when she returns to work after the pregnancy