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PRACTICE NOTES
The Investigatory Powers Act 2016 (IPA 2016) provides the legal framework governing the use of acquisition and use of communications data by public bodies, a framework which previously had been largely, but not exclusively, contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000). For an overview of IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. The provisions that govern the acquisition and disclosure of communications data are contained within IPA 2016, Pts 2 and 3. IPA 2016 repealed the provisions relating to the interception and acquisition of communications data contained in RIPA 2000. The provisions of IPA 2016 are supplemented by the Code of Practice on the Interception of Communications Data and the Communications Data Code of Practice. These Codes of Practice are essential reading for relevant public authorities involved in the acquisition of communications data under IPA 2016 and for telecommunications operators and postal operators involved in the retention of communications data and/or its disclosure to public
GLOSSARY
A document issued by the court in sequestrations commenced prior to 1 April 2008 formally vesting a debtor’s estate in a trustee. Since that date, the Award of Sequestration vests debtor's estate in the trustee
GLOSSARY
The procedural rules made by the High Court of Justiciary.
GLOSSARY
A natural event which could not have been foreseen or prevented.
GLOSSARY
Rules by which the Court of Session regulates its own procedure.
GLOSSARY
An action which seeks the authority of the court for jointly owned property to be sold and the proceeds of sale divided between the co-owners, according to their interest
GLOSSARY
A statute passed by the post-1998 Scottish Parliament.
NEWS
IP & IT analysis: The recent dismissal of the appeal in Actavis v Eli Lilly means the noteworthy part of the first instance judgment still stands—and the ability of a UK court to decide on infringement of non-UK EP designations of patents remains.
GLOSSARY
Acte clair is a doctrine that permits national courts of last instance to refrain from requesting a preliminary ruling under Article 267(3) TFEU from the Court of Justice of the European Union (CJEU) when the point of EU law at issue is indubitably obvious.
PRACTICE NOTES
This Practice Note provides guidance on acting as a guardian for a missing person under the Guardianship (Missing Persons) Act 2017 (G(MP)A 2017), including the powers and duties of guardians, how guardians are supervised by the Office of the Public Guardian (OPG) and practical first steps on being appointed. For guidance on when it will be appropriate to apply for the appointment of a guardian under the G(MP)A 2017 and on the procedure for making a claim, see Practice Note: Making an application to appoint a guardian to manage the property and financial affairs of a missing person. For guidance on changing, ending or renewing a guardianship order, see Practice Note: Changing, ending or renewing a guardianship for a missing person. Duties of the guardian The guardian will be subject to any duties imposed by their guardianship order and by G(MP)A 2017 and any secondary legislation made under that Act. The guardian is also bound by duties arising from the law of agency as the guardian is deemed to be the agent of the missing
PRACTICE NOTES
The role of secretary to pension trustees has changed dramatically in recent years and is important to the smooth running of a scheme. This Practice Note explains the legal and governance considerations for anyone appointed to that role. Change in the role of secretary The way that trust-based pension schemes are run has changed greatly over the past decade, and with it the role of secretary has taken on a new importance. In past decades when there was less concern about pension scheme funding and a lighter regulatory framework, the secretary might well have been a silent minute taker. But the extra work that is now demanded of pension trustees and the greater expectations placed on them mean that more is now expected of a secretary. The secretary will generally play an active role in the running of the scheme—certainly in the trustee meetings and in organising work between those meetings. In some cases the secretary to the trustees will be visible to the pension scheme's
PRECEDENTS
This Checklist sets out points you should consider and actions you should take before representing or acting for a partner or employee, yourself, friends or members of your family, including situations where you are instructed jointly by another external client or where you are assisting others in your personal capacity. There is a section for you to insert comments or note action points. See also [insert, eg our Policy—acting for yourself, friends and family]. 1 Acting for a partner or employee Generally, [insert name of firm] will not accept instructions from a partner or employee of the firm in a personal matter relating to that partner/employee or any member of their family (including spouse, civil partner, children, parents, brothers or sisters) or friends (meaning close personal friends where it could be said that our objectivity may be impaired). The [insert, eg Board or other decision making body] has, however, agreed that some defined types of work may be undertaken provided our [insert, eg Policy—acting for yourself,