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Q&As
Since 6 April 2016, companies are required to maintain their own PSC register, and (since 30 June 2016) have also had to provide this information to Companies House when they deliver their confirmation statement (which has replaced the annual return). The two main categories of entity that should be recorded on a PSC register are PSCs, and any other registrable relevant legal entities (RLEs) that have significant control and are 'subject to their own disclosure requirements'. A legal entity
Q&As
As explained in Practice Note: The reformed Teachers' Pension Scheme, the Teacher's Pension Scheme (TPS) is open to all teachers, both full-time and part-time. Teachers can only join the TPS if they are in pensionable employment. The regulations currently governing the TPS, the Teachers' Pension Scheme Regulations 2014 (the TPS Regs 2014), SI 2014/512, include strict provisions regarding what employments are pensionable. The TPS Regs 2014, SI 2014/512 make a distinction between two types of pensionable
Q&As
Where a local authority grants itself consent under Town and Country Planning General Regulations 1992, SI 1992/1492 that consent is personal to the authority and any partners named in the application. Should they not carry out the development, then the consent is not transferable. But what happens if the consent is implemented but at a later date the authority/partner wish to transfer the site to a third party?
Q&As
There are two age-related exceptions in relation to financial services (which includes a service of a banking, credit, insurance, personal pension, investment or payment nature): • a broad exemption that permits age bands and age limits to continue (eg young or silver saver products) • a narrower exemption that applies where age has been used as part of a risk assessment—the information used must be relevant and come from a source on which it is reasonable to rely For more information, see the section of Practice Note: Equality Act 2010—discrimination in the provision of goods, services and facilities entitled
Q&As
The position on appealing proof of debts is set out in Practice Note: Creditor's appeal against rejection of proof of debt. If a creditor is dissatisfied with an office-holder’s decision with respect to their proof of debt (including any decision on the question of preference), the creditor may apply to the court for the decision to be reversed or varied. The application must be made within 21 days of the creditor’s receipt of the statement sent by the office-holder rejecting the proof either in whole or in part (which statement should set out written reasons for the rejection of the proof and should have been sent
Q&As
The civil tort of harassment is set out under section 1 of the Protection from Harassment Act 1997 (PHA 1997) which states: ‘(1) A person must not pursue a course of conduct— (a) which amounts to harassment of another, and (b) which he knows or ought to know amounts to harassment of the other. (1A) A person must not pursue a course of conduct— (a) which involves harassment of two or more persons, and (b) which he knows or ought to know involves harassment of those persons, and (c) by which he intends to persuade any person (whether or not one of those mentioned above)— (i) not to do something that he is entitled or required to do, or (ii) to do something that he is not under any obligation to do.’ Under
Q&As
An employer is obliged to inform and consult with the appropriate representatives of each description (or category) of affected employees, ie those who may be affected by the transfer or measures connected with it. For further information on the duty to inform and consult generally, see Practice Note: TUPE—information and consultation. Where an employer falls within the ‘micro-business’ exception in TUPE 2006, SI 2006/246, reg 13A, it may comply with its information and consultation obligations under TUPE 2006, SI 2006/246 by informing and consulting each of the affected employees individually, ie as if they were an appropriate representative. The exception applies if, at the time the employer is required to inform and consult: • the employer is a micro-business, ie the employer employs fewer than ten employees • there are no appropriate representatives,
Q&As
Early conciliation (multiple claimants) Rule 9 of the Employment Tribunal Rules (ET Rules) set out in the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237, Sch 1 permits two or more claimants to make their claim on the same claim form if their claims give rise to common or related issues of fact or law, or if it is otherwise reasonable for their claims to be made on the same claim form (this is known as a ‘multiple claim’). For more information, see: the section: 'Multiple claimants' of Practice Note: Submission of a claim to the employment tribunal. Section
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The crux of this Q&A revolves around the definition of ‘building’ under the Landlord and Tenant Act 1987 (LTA 1987). Under LTA 1987, s 1(2), certain long leasehold tenants of flats have a right of pre-emption if their landlord intends to dispose of its reversionary interest in premises which consist of ‘the whole or part of a building’. However, the word ‘building’ is not defined in LTA 1987. This presents a number of difficulties, eg under LTA 1987, s 5(3), under which a landlord who
Q&As
The Small Business, Enterprise and Employment Act 2015 (SBEEA 2015) and the Restriction of Public Sector Exit Payments Regulations 2020 (RPSEP Regs 2020), SI 2020/1122 place a cap (exit payment cap)—currently £95,000—on the level of public sector termination payments when they are made. The RPSEP Regs 2020, SI 2020/1122, should be read together with the enabling provisions of SBEEA 2015 (SBEEA 2015, s 153C(1), (5)), the Exit
Q&As
One perceived problem with the ‘old’ Code was that it did not readily fit with section 30(1)(f) of the Landlord and Tenant Act 1954 (LTA 1954). This was certainly inconvenient for landlords but, in practice, the problem was more theoretical than real. The ‘new’ Electronic Communications Code has resolved this issue. Schedule 3 of the Digital Economy Act 2017 inserted section 43(4) into the LTA 1954, disapplying the LTA 1954 from any tenancy the primary purpose of which is to grant code rights. This disapplication of the operation of the LTA 1954 from certain classes of tenancy does not have any effect on the conceptual basis on which the tenancy can be created: the landlord and tenant relationship exists at common law without the LTA 1954
Q&As
The Protection from Harassment Act 1997 (PHA 1997) is unusual in that it prescribes both criminal and civil sanctions in respect of a course of conduct that amounts to harassment. ‘Harassment’ is not defined in PHA 1997, but includes conduct that causes alarm or distress. While harassment is a criminal offence, it is also open to a party to bring a claim for an injunction or damages in the civil courts. The procedure for such claims is set out in Part 65 of the Civil Procedure Rules 1998 (CPR). CPR 65.28(1)(a) provides that