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PRACTICE NOTES
Fire and building safety are devolved matters. The fire safety regime in Scotland for non-domestic premises is contained primarily within Part 3 of the Fire (Scotland) Act 2005 (F(S)A 2005) and the Fire Safety (Scotland) Regulations 2006, SSI 2006/456, which govern the safe use of non-domestic premises. Non-domestic premises include: • all workplaces and commercial premises • all premises to which the public have access • all types of houses in multiple occupation The common parts of non-domestic premises are not within the scope of fire safety legislation in Scotland. This is a key difference from England where equivalent legislation, the Regulatory Reform (Fire Safety) Order 2005, applies to the common parts of residential buildings. Building regulations impose fire safety standards for new buildings. Building regulations requirements in relation to fire safety are outside the scope of this Practice Note. Fire safety in Scotland following the Grenfell Tower fire Neither the Building Safety Act 2022 (BSA 2022), which received Royal Assent on 28 April 2022 and will introduce a radical
PRACTICE NOTES
This Practice Note explains the key fire safety duties and offences under the Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541 (Regulatory Reform Order 2005), Fire Safety Act 2021 (FSA 2021) and the Building Safety Act 2022 (BSA 2022). It also includes the provisions in the Fire Safety (England) Regulations 2022 (FSR 2022), SI 2022/547. For information on fire safety offences and enforcement in Scotland, see Practice Note: Fire safety law and offences in Scotland. For information on the differing positions on building and fire safety in England, Scotland and Wales, see Practice Note: Building and Fire Safety—the position in England, Scotland and Wales. For information on fire safety in the workplace, see Practice Notes: Fire safety in the workplace—regulatory requirements and How to manage fire safety in the workplace. For information on fire safety in commercial and mixed use buildings, see Practice Note: Fire safety in commercial and mixed-use buildings. Obligations under the Regulatory Reform Order 2005 The Regulatory Reform Order 2005, SI 2005/1541,
PRECEDENTS
A: General information Date of review [Insert date of review] Person(s) conducting review [Identify person(s) conducting review] B: Review and findings Have you reviewed the fire risk assessment and fire safety arrangements and evacuation plan? Yes/NoIf yes, please describe any changes needed and ensure you set an action point at section C below If no, please set an action point to review the risk assessment and/or plan at section C below Has this review revealed any remedial or other action that may be required
PRECEDENTS
Name of organisation [insert name of organisation] Name of role holder [insert name] Reports to [insert name] Role type (Full time/part time/contractor) [insert] If a contractor role, length of contract [insert] Primary location [insert location] Date role commenced [insert date] Length of probation period [insert] End
NEWS
Law360: A theatre company did not discriminate against a Christian actor when it dropped her from a role in a musical production of 'The Color Purple' over an anti-gay social media post, the EAT ruled on 6 March 2024.
NEWS
Law360: Trade unions representing firefighters and doctors lost an appeal on 17 April 2024 to help their members recover losses resulting from a change to pension plan rules after justices concluded that HM Treasury had the right to pass the cost on to scheme members.
NEWS
Law360: The firefighters union urged the Court of Appeal on 20 February 2024 to overturn its failed application to prove that HM Treasury unfairly distributed costs when compensating workers from the unlawful age discrimination arising from the 2015 public service pension reforms, arguing that HM Treasury’s policy caused sex, age and race discrimination.
GLOSSARY
Software or hardware that controls access in and out of a network. Firewalls can be dedicated computers that act as the intermediary between a business network and the Internet, or can be software tools that help individual computers control which programs are allowed access to the Internet.
PRECEDENTS
1 Introduction and purpose 1.1 We have processes in place to identify, monitor and manage all material risks to our business, including those which may arise from our connected practices. 1.2 We actively monitor our financial stability and business viability. 1.3 We have a regulatory duty, once we are aware that our firm will cease to practise, to effect the orderly and transparent wind-down of activities, including informing the Solicitors Regulation Authority (SRA) before the firm closes. 1.4 We also have a duty to ensure that client confidentiality is protected. That duty continues after a client’s matter has concluded. 1.5 Closing down a practice involves taking various other steps too, and requires forward planning. 1.6 This plan: 1.6.1 seeks to ensure we take the required steps in closing the firm; 1.6.2 seeks to ensure clients’ confidentiality is protected throughout the closure process and beyond; and 1.6.3 provides steps and guidance for relevant staff to follow. 2 Responsibility 2.1 Our [partners OR members OR directors OR other] are ultimately responsible for this plan. 2.2 They will: 2.2.1 agree a date for closure; 2.2.2 invoke the closure plan before that date; and 2.2.3 manage the delivery of this plan throughout the closure process. 3 Notifications 3.1 The SRA 3.1.1 We will notify the SRA of the closure before we close by completing
PRACTICE NOTES
This Practice Note sets out the regulatory requirements to consider when putting in place a plan or procedure for closing your firm and practical help on compiling the plan itself. For more on succession and exit planning strategy, including guidance on retirement planning, coming to the decision to close, valuing your practice, selling your practice and merging with another, see Practice Note: Succession planning in the wider context of your business. Firm closure plan—compulsory? There is no formal requirement to have a firm closure policy, however, SRA Guidance says that when closing down your practice, you should plan the closure well in advance, where possible. Larger firms may need to prepare a detailed plan and should have a contingency plan for closure, merger or sale in the event of serious difficulties arising. Of course, the interests of clients are critical, but disorderly closure of a law firm, the SRA reminds us, can also cause adverse impact on the courts and others dealing with the firm, such as those on the other side of a case or transaction. Closing
CHECKLISTS
This Checklist is designed to help you in the event you need to close your firm. It should be read in conjunction with subtopic: Firm closure plan, particularly Practice Note: Firm closure plan—key considerations. Plan and dates ​​Requirement ​​Compulsory or recommended ​​Comments (if any) ​​☐ Develop a firm closure plan.See Precedent: Firm closure plan. ​​Recommended to help evidence that you are able to effect the orderly wind-down of your activities, as required by the SRA—SRA Code for Firms, para 2.4 ​​(Insert any comments you may wish to make regarding your firm’s arrangements) ​​☐ Assign responsibility for the plan. ​​Recommended ​​(Insert any comments you may wish to make regarding your firm’s arrangements) ​​☐ Set a date for closure. ​​Recommended ​​(Insert any comments you may wish to make regarding your firm’s arrangements) Notifications Requirement Compulsory or recommended Comments (if any) ☐ Send a completed Firm Closure Notification form to the SRA. Compulsory SRA Code for Firms, para 2.5 (Insert any comments
GLOSSARY
Rule 2.7 sets out the circumstances when an offeror should announce a firm intention to make an offer. The announcement must state the information required by Rule 2.7(c).