Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), a person cannot carry out a regulated activity, or purport to do so, in the UK unless they are either an authorised person (ie authorised by the Prudential Regulation Authority (PRA) and/or the Financial Conduct Authority (FCA)), or an exempt person (eg by being an appointed representative). An activity is a regulated activity if it is: • an activity of a specified kind which is carried on by way of business, and

The decision in WB (a protected party through her litigation friend the Official Solicitor) v W District Council (Equality & Human Rights Commission intervening), confirmed the earlier House of Lords decision in ex parte Ferdous Begum, survived as a binding precedent to the proposition that Part VII of the Housing Act 1996 (HA 1996) homelessness offers could not be made to those who lacked capacity to understand and respond to them. The Court of Appeal reached this unanimous decision by different avenues. See News Analysis: Court of Appeal confirms correct approach in homelessness applications by persons lacking mental capacity (WB v W District Council). The question of whether an application by an attorney appointed by the individual at a time when they had capacity using the provisions in sections 17–19 of the Mental Capacity Act 2005 (MCA 2005) was left open in this decision

In response to this Q&A, we have assumed that the local authority has brought the value of the care home resident’s 50% beneficial interest in the property into account in assessing the extent of their liability to pay towards the cost of their care at the residential care home (the fees paid by the care home resident, as mentioned in the question). The Q&A raises two key points, which are: • there is an explicit power in section 14 of the Care Act 2014 to charge for care, but, conversely,

For the purposes of this Q&A, a Tier 4 migrant in question is an agency worker as defined in regulation 3 of the Agency Workers Regulations 2010, SI 2010/93. The Practice Note: Illegal working—civil and criminal sanctions notes that ‘(f)or the purposes of illegal working legislation, employment is considered to be any employment relationship that is under a contract of service or apprenticeship, whether expressed or implied and whether oral or written’. Since the Tier 4 migrant is not an employee, the civil and criminal penalties that exists under the Immigration, Asylum and Nationality Act 2006 would not apply. However, as outlined in the Practice Note: Right to work checks and illegal working: problem areas and practical tips under the heading

At common law, the owner of land which adjoins a highway has a right of access from his land onto the highway. This right enables an access from any point on the landowner’s land which abuts the highway (Marshall v Blackpool Corporation). This is a private right, entirely separate from the public right to use the highway (Lyon v Fishmongers), however, the use of this private right is one which must be exercised reasonably so as not to interfere with the reasonable exercise by the public of their rights of way (Rowley v Tottenham Urban DC). There are, however, a number of limitations to this right introduced by statute. Driving on footways and verges may be a criminal offence under section 72 of the Highways Act 1835,

The answer to the question of whether a person who pays a debt of a deceased testator (after death) becomes a creditor of the estate and is entitled to have their debt settled in the course of administration depends not on succession law but on normal contract and restitutionary principles. If, for example, the estate does not have liquid funds and as a result a beneficiary or an unconnected third party pays the funeral expenses of the deceased at the request or with the agreement or knowledge and approval of the executors the estate’s debt will be satisfied and the payer will stand in the shoes of the original creditor

In this Q&A, we have assumed Book B is a copyright protected work. To prove infringement, the rights holder in Book B must show that there is: • a causal link between the two works so that the copyright work (Book B), or a substantial part of it, is the source of the infringing work, and • objective similarity between the infringing work (Book A) and the copyright work Effectively, for infringement to occur the copyright work must be copied, however: • the causal link can be made subconsciously, for example where a familiar song is stored subconsciously and parts reproduced

The gift would not be a gift with reservation of benefit, due to section 102B of the Finance Act 1986 (FA 1986), so long as the conditions in that section are met. For example, care should be taken to ensure that the donee does not bear more than the appropriate share of the cost of the outgoings. For ease of reference, FA 1986, s102B provides that: 102B Gifts with reservation: share of interest in land ‘(1) This section applies where an individual disposes, by way of gift on or after 9th March 1999, of an undivided share of an interest in land. (2) At any time in the relevant

Background of the DVILR route In around 1999 a concession was introduced to allow victims of domestic abuse to apply for settlement if their relationship to their British or settled partner broke down. This was first implemented within the rules in 2002. Since 2012 this provision has been in the Immigration Rules, Appendix FM, para DVILR.1.1 (‘the DVILR route’), which sets out the requirements for applying for settlement as a victim of domestic violence. Eligibility under the rules of the DVILR route The eligibility requirements (at the Immigration Rules, Appendix FM, para E-DVILR.1.2) require that the person’s first grant of leave under Appendix FM be as a qualifying partner ‘and any subsequent grant of limited leave must have been’ either as a qualifying partner (including under Appendix FM) or under the DDV Concession, under which people are given three

Powers of the personal representative (PR) A personal representative (PR) has powers, under the Administration of Estates Act 1925, the Trusts of Land and Appointment of Trustees Act 1996 and the Trustee Act 2000 (TrA 2000), to sell, mortgage, lease or charge all the deceased’s property vesting in them. This power would include entering into a contract in respect of the deceased’s property. These powers are subject to the PR’s common law duties to act in the best interests of the beneficiaries and avoid conflict between the interests of the beneficiaries and their own interests. A PR also has a statutory duty of care in respect of investment decisions under TrA 2000, s 1. For further guidance, see Practice Note: Personal representatives—powers, duties and remuneration. When does the authority of

In answering this Q&A, we refer you to Practice Note: International issues relating to the protection of vulnerable adults, which sets out in detail the jurisdiction and role of the Court of Protection in cross border matters. See also section 63 of the Mental Capacity Act 2005 (MCA 2005) and MCA 2005, Sch 3. These provisions and their interaction with the laws of other jurisdictions are complex but the key points relevant to the situation described in your question are summarised below. Where a protected person (P) is habitually resident outside England and Wales, then the Court of Protection: • is able to exercise its 'primary' jurisdiction over any assets held by P in England and Wales (MCA 2005, Sch 3, Pt 2, para 7(1)(b)), although the relevant foreign court may also have concurrent jurisdiction over these assets and questions

This Q&A assumes that the person paying the mortgage is not a former owner of the property. The pre-owned asset tax (POAT) is an inheritance tax (IHT) anti-avoidance measure, introduced by Schedule 15 to the Finance Act 2004 (FA 2004), and implemented with the intention of penalising the users of IHT avoidance schemes, although its scope extends beyond such schemes. The POAT charge is a freestanding annual charge to income tax on certain individuals, known as 'chargeable persons', with respect to benefits they receive as a former owner of property or of property derived from it. In the case of the land, the benefit will usually consist of