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Q&As
The provisions of both the Privacy and Electronic Communications (EC Directive) Regulation 2003 (PECR 2003), SI 2003/2426 and the General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679 are relevant in the context of cookies. PECR 2003 PECR 2003, SI 2003/2426 among other things, regulates the circumstances in which an electronic communication service provider, such as a website operator, can store or gain access to information stored on an individual user’s device. Under PECR 2003, SI 2003/2426, consent is required for the storage or access to information on a subscriber’s or user’s device; in other words, a requirement to obtain consent for cookies and similar technologies. For further information on the use of cookies or similar technologies, see ICO guidance: • Guidance on the rules on use of cookies and similar technologies • Guide to PECR 2003—Cookies and similar
Q&As
The procedural legal requirements relating to enforcement notices (ENs) are set out in sections 172 and 173 of the Town and Country Planning Act 1990 (TCPA 1990) and Part 2 of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002, SI 2002/2682. These include a requirement for the local planning authority (LPA) to specify in the EN the reasons why it considers it expedient to issue the notice (the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002, SI 2002/2682, reg 4). Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002, SI 2002/2682, reg 5 also requires an ‘Explanatory note to accompany copy of enforcement notice’. See section ‘Scope and requirements of an EN’ in Practice Note: Types of planning enforcement for a full list of requirements. The Openness of Local Government Bodies Regulations 2014, SI 2014/2095 Decisions made by officers exercising delegated powers are caught by the Openness of Local Government Bodies Regulations 2014, SI 2014/2095,
Q&As
This Q&A considers whether if a sales contract contains a warranty that a fixture has been properly maintained, but it has not in fact been properly maintained, the fact that the fixture would have needed to be replaced shortly after the sale even if it had been maintained is a proper defence to a claim for breach of warranty. It assumes that the sale contract is for the sale of real property including the fixture. What is a fixture? A fixture is a chattel or good which has been fixed to land or a building so as to become part of the land/building. A key characteristic of a fixture is that ownership of a fixture passes with the property. Whether something has been affixed to property so as to become a fixture is a question of fact and depends partly
Q&As
Under section 86 of the National Health Service Act 2006 (NHSA 2006), National Health Service (NHS) England may enter into a general medical services contract with certain classes of persons, subject to such conditions as may be prescribed. ‘Prescribed’ means prescribed by regulations. The prescribed conditions are found within the National Health Service (General Medical
Q&As
The provisions as to automatic service on certain third parties are restricted to trustees, mortgagees and pension providers (see, Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.13 and 9.31–9.33). There is therefore no formal automatic requirement to serve a third party who owns a property jointly with one of the parties. However, the court has a wide discretion to add parties to financial remedy proceedings (formerly referred to as joinder), as well as to remove them, if it is desirable to do so in order to resolve all matters in dispute, or if there is a connected issue involving a third party which may conveniently be resolved by adding that party (FPR 2010, SI 2010/2955, 9.26B). A distinction
Q&As
Table 4 to Appendix A of the Sponsor Guidance sets out a list of optional documents which apply to all organisations which do not fall into Table 1, and can be used to meet the balance of documents required to meet the minimum required number of four. See Practice Note: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability. In relation to accounts, annual reports and financial statements, the Table says this: ‘Your most recent annual accounts. If this information is freely available to view online (for example, on the Companies House website), you can simply tell us the relevant website address and we will check this online. If the information is not available to view online (or is only available for a fee), you must send us the relevant documents. If
Q&As
There is no company law requirement for a company to include an article in its articles of association setting out details of the issued share capital of the company. Since the Companies Act 2006 came into force, companies are not required to set a limit on their issued share capital as the concept of an ‘authorised
Q&As
This Q&A refers you to the following Practice Notes that may be helpful in your research: • Consumer credit agreements—pre-contract requirements—in this Practice Note you can see that it is a requirement of the Consumer Credit (Disclosure of Information) Regulations 2010, SI 2010/1013 for a creditor to disclose certain
Q&As
Practice Direction 51O of the Civil Procedure Rules makes provision for the Electronic Working Pilot Scheme. The pilot commenced on 16 November 2015 until 6 April 2023 and operated in the Chancery Division of the High Court, the Commercial Court, the Technology and Construction Court (TCC), the Circuit Commercial Court, and the Admiralty Court at the Royal Courts of Justice, Rolls Buildings, as well as the Central Office of the Queen’s Bench Division, the Business and Property Court District Registries and the Queen’s Bench Division District Registries; the Senior Courts Costs Office and the
FLOWCHARTS
Determining whether a restricted security exists is a crucial step in ascertaining whether certain aspects of the income tax and National Insurance contributions (NICs) regimes will apply, and whether it is possible to elect for an alternative tax treatment to apply. Restricted securities
Q&As
There are two apprenticeship schemes under the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA 2009). The initial 'English apprenticeship' scheme (the ‘old scheme’) came into force on 6 April 2011. A second scheme, the approved English apprenticeship scheme (the ‘new scheme’), was introduced from 26 May 2015. The provisions in Chapter 1 of ASCLA 2009 relating
Q&As
In residential property conveyancing, a completion statement is a document which is sent from the vendor to the buyer setting out how much money is required to be paid by the buyer in order to complete the sale. It is often the case that the contract for sale contains a clause like this: ‘The Seller agrees that his solicitor will hold a retention from the sale proceeds in the sum of £X pending production of the final accounts of Some