The purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take steps to require land to be cleared up where its condition affects the amenity of the area. It does this by serving a 'section 215 notice'. The notice takes effect at the end of such period as may be specified in the notice which must not be less than 28 days after the service of the notice. TCPA 1990, s 217 sets out rights for a recipient of the notice, or any other person who has an

Duration of an individual voluntary arrangement An individual voluntary arrangement (IVA) is an agreement entered into between an individual and their creditors under the Insolvency Act 1986 (IA 1986). The IVA is effectively a contract between the parties and is prepared by the individual and provided to their creditors to make a decision on. It is for the debtor to propose to their creditors how long the IVA will last. This will often depend on, for example, the nature of the proposed source of income into the IVA: income derived from the debtor’s continued trading will usually necessitate a more lengthy IVA period, whereas a large lump sum contribution may shorten the period. The debtor will be advised and directed by an insolvency practitioner (IP), who will ask to be the debtor’s nominee (and who would usually become the supervisor of the IVA in the event that it is approved), although it is ultimately the debtor’s decision. The duration of an IVA can be anything from

Practice Note: Sponsoring a Skilled Worker sets out details of the relevant Immigration Rules and guidance on start dates (including delays and changes). The Certificate of Sponsorship (CoS) must be assigned no more than three months before the date of the application

Once issued, the claim form must be served on each defendant within a fixed timeframe; failure to do so means that the claimant will no longer able to pursue their claim under that claim form. The relevant timeframe for service of the claim form differs depending on whether the defendant in question will be served within the jurisdiction

A general power of attorney is a basic document that gives the attorney the power to deal with the donor’s financial affairs. It can be as wide reaching or as limited as the donor wishes, including being limited as to time. A general power of attorney will be automatically revoked by the mental incapacity of the donor (see: Practice Note: Ordinary powers of attorney). General powers of attorney are governed by the Powers of Attorney Act 1971 (PAA 1971) as to, for instance, their execution and revocability. However, in respect of some matters,

An ordinary power of attorney gives the attorney the power to deal with the donor’s financial affairs. It can be as wide reaching or as limited as the donor wishes, including being limited as to time by stating its duration. An ordinary power of attorney will be automatically revoked by the mental incapacity of the donor (see Practice Note: Ordinary powers of attorney). Ordinary powers of attorney are governed by the Powers of Attorney Act 1971 (PAA 1971) as to, for instance, their execution and revocability. However, in respect of some matters, such as capacity, the rules relating to

Property Disputes analysis: These appeals (heard together) concerned two applications for rent repayment orders against landlords who had each been managing a house in multiple occupation (HMO) without a licence. Both applications were dismissed as out of time, with this being upheld on appeal. In deciding the appeal, the Upper Tribunal (UT) had to decide how the expression ‘in the period of 12 months ending with the day on which the application is made’ was to be construed. In so doing, the judge considered the leading authorities on the construction of time periods, before finding these did not cover the statutory language used. It is a useful reminder to all practitioners that a time period can be shorter than it first appears. The judge also had to decide at what point in time a defence under section 72 of the Housing Act 2004 (HA 2004) is deemed to arise for the purpose of calculating the time period. Written by Joseph Bunting and Timothy Foot, barristers, Maitland Chambers, London.

The General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679 contains seven-data protection principles set out in Article 5 of Regulation (EU) 2016/679, GDPR. The third GDPR data protection principle, data minimisation requires personal data to be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed. Under Principle 5 which refers to storage limitation, personal data is required to be kept in a form which permits identification of data subjects for no longer than is necessary. Recital 39 of Regulation (EU) 2016/679, GDPR further states (among other things) that: ‘…The personal data should be adequate, relevant and limited to what is necessary for the purposes for which they are processed. This requires, in particular, ensuring that the period for which the personal data are stored is

Children’s services records We have set out below how the various types of records related to service users of local authority children’s services must be kept and the relevant legislation. It is important that a local authority has a clear authority wide policy on retention of service user records which is followed by the children’s services department. This should set out the requirements for retention and destruction of records held by the local authority, both statutory requirements and specific to the local authority. Type of record Retention period Records related to assessments and referrals regarding child protection, children in need and serious case review, including where no further action has been taken.See Department for Education guidance: Working together to safeguard children for guidance on the records that should be made during these instigations. We have been unable to find a specific statutory retention period for these records. However,

For information on data protection issues in employment generally, see Practice Notes: • The UK GDPR and DPA 2018: key data protection issues for employment lawyers • The UK GDPR and DPA 2018: lawful processing of personal data in employment Under Article 5(1)(e) of Regulation (EU) 2016/679, General Data Protection Regulation, personal data must be kept for no longer than it is needed. A controller needs to justify the length of time it keeps data, which will depend on the purposes for which it is kept. When considering how long personal data should be retained, the Information Commissioner’s Office (ICO) guidance on storage limitation sets out that it is for the organisation to justify how long it keeps personal data, based on its purposes for processing. The organisation must take a proportionate approach, balancing its needs with the impact of retention on individuals’ privacy, and ensure that the retention is fair and lawful. The ICO indicates that organisations should consider: • its stated purposes

‘Company records’ are defined in the Section 1134 of the Companies Act 2006 (CA 2006), as any register, index, accounting records, agreement, memorandum, minutes or other document required by the Companies Acts to be kept by a company, and any register kept by a company of its debenture holders. CA 2006, s 248 requires a company to keep minutes of meetings of the directors for at least 10 years. Similarly, CA 2006, s 355 requires the same holding duration in relation to records of shareholder resolutions and minutes of meetings of the shareholders. Accounting records that a company is required by CA 2006, s 386 to keep must be preserved by it: • in the case of a

Section 20 of the Landlord and Tenant Act 1985 (LTA 1985) (as amended by the Commonhold and Leasehold Reform Act 2002 (CLRA 2002)) is designed to protect leaseholders from paying excessive sums for major works to their building. The section sets out a three-stage consultation process that the freeholder/managing agent must follow if they wish to carry out qualifying works to a building where the contribution from any one lessee will exceed £250, or to enter into a qualifying long-term agreement where the contribution from any one lessee will exceed £100 in one financial year. Alternatively, dispensation will be necessary. LTA 1985 does not set a time limit for the validity