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The Education (Modification of Enactments Relating to Employment) (England) Order 2003, SI 2003/1964 (as it appears in Lexis+® UK and Lexis®+ UK Legal Research) is fully consolidated. It was last amended by Local Education Authorities and Children's Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010, SI 2010/1172 which substituted some words within the definition ‘authority’ in the Education (Modification of Enactments Relating to Employment) (England) Order 2003, SI 2003/1964, art 2. There are no pending amendments to reflect the Equality Act 2010 (EqA 2010). Under the Education (Modification of Enactments Relating to Employment) (England) Order 2003, SI 2003/1964, arts 3–4, where the governing body of a maintained school has the right to a delegated
Q&As
When it comes to protection under the Equality Act 2010 (EqA 2010), instead of defining who has rights by reference to whether or not the individual has 'employee' or 'worker' status, workplace protections, both against prohibited conduct and in relation to equality of terms, are extended to all persons in 'employment' within the meaning of EqA 2010. However, 'employment' in this context has a wider definition than elsewhere, extending to some persons who would be considered workers but not employees under the Employment Rights Act 1996. Under EqA 2010 ‘employment’ means ‘employment under a contract of employment, a contract of apprenticeship, or any other contract personally to do work’. Consequently, those who work in 'employment under a…contract personally to do work' are included within the broad definition of employment for the purpose of prohibited conduct claims. In determining whether a person is covered under the rubric of 'employment under a…contract personally to do work', the following matters are relevant: • the
Q&As
Section 18 of the Equality Act 2010 (EqA 2010) protects a woman from discrimination which occurs because of her pregnancy or in connection with her maternity leave. For further information on these, see Practice Note: Pregnancy and maternity discrimination. There are no
Q&As
The Crime and Courts Act 2013 (CCA 2013) made significant changes to the County Courts Act 1984 (CCA 1984) and the Matrimonial and Family Proceedings Act 1984 (MFPA 1984). CCA 2013, s 17 inserted CCA 1984, s A1, which established a single County Court. It also inserted MFPA 1984, s 31A, which provided for the establishment of the Family Court. CCA 2013, Sch 10 also inserted a number of provisions into MFPA 1984 governing the establishment of the Family Court. By MFPA 1984, s 31C(1), the various classes of the judiciary were constituted also judges of the Family Court. By MFPA 1984, s 31E(1), in any proceedings in the Family Court, the court may make any order which could be made by the High Court if the proceedings were in the High Court, or which
Q&As
See, in general, Practice Notes: Unfair relationships under the Consumer Credit Act 1974, Financial Ombudsman Service—essentials, Financial Ombudsman Service—remedies, Financial Ombudsman Service—compulsory jurisdiction and The complaint-handling process of the Financial Ombudsman Service. In considering whether the Financial Ombudsman Service (FOS) has jurisdiction to deal with a complaint relating to an unfair relationship under sections 140A–140C of the Consumer Credit Act 1974 (CCA 1974) the jurisdiction of the Financial Ombudsman Service (FOS) in relation to credit-related complaints is provided for in the FCA Handbook at DISP 2.1.1G, DISP 2.1.2G, DISP 2.3.1R, and DISP 2.3.2–AG. The FOS webpage on consumer credit explains the FOS’ general approach to complaints about consumer credit, including complaints relating
Q&As
We are not sure why the FSCS would be involved in relation to client money, as client money should be segregated from the assets of a firm that has become insolvent and which may therefore give rise to a claim made against the FSCS by an eligible claimant. When a financial services firm fails, a primary pooling event (PPE)
Q&As
The power of the First-tier Tribunal (FTT) to order payment of costs is set out in section 29(1) of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007), subject to the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169 (the Property Chamber Rules). Insofar as is relevant to a claim for a rent repayment
Q&As
The fixed costs regime does not apply to the Shorter Trial Scheme (STS). The STS operates under a different cost management system where the court will make a summary assessment of the costs of the party in whose favour any costs order is made, save in exceptional circumstances (CPR PD 57AB, para 2.59). Where the provisions of CPR PD 57AB conflict
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Refusing a freedom of information request under Freedom of Information Act 2000 where the cost of compliance exceeds the appropriate limit Section 12 of the Freedom of Information Act 2000 (FIA 2000) provides that a public authority is not obliged to comply with a request for information (in accordance with FIA 2000, s 1) if the cost of complying would exceed the ‘appropriate limit’. See Practice Note: Freedom of information for public sector [Archived]—When a public authority can refuse a request. The ‘appropriate limit’ is set out in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, SI 2004/3244 (the Fees Regulations). The limit for complying with a request (or series of linked requests) is £600 for central government, legislative bodies and the armed
CHECKLISTS
This is a flowchart designed to help you determine if the arrangement or transaction may be subject to counteraction under the UK general anti-abuse rule (GAAR). For more detailed information,
Q&As
There are two issues to consider: • territorial scope • the definition of personal data Territorial scope See Practice Note: Introduction to the EU GDPR and UK GDPR—Territorial scope of the GDPR regimes which explains that the GDPR applies to the processing of personal data by organisations: • operating within the EU, regardless of whether the processing takes place in the EU (the establishment test); or • outside the EU that ◦ offer goods or services to individuals in the EU, irrespective of whether payment is required (the goods and services test); or ◦ monitor the
Q&As
The EU General Data Protection Regulation (GDPR) comes into force in the UK on 25 May 2018 and it applies to persons/organisations that handle personal data. What is personal data? Article 4(1) defines ‘personal data’ as: ‘“personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;’ Accordingly, the GDPR applies to personal data about living persons, ie identified or identifiable natural persons. Recital 27 confirms that the GDPR does not apply to the personal data of deceased persons. However, information that is held by practitioners about the executors or beneficiaries of the estate is likely to be personal data. Examples include medical, employment, social or financial information about an