For the purposes of this Q&A, we have assumed that the activity is occurring without a permit and without complying with the waste duty of care. Environmental permits Waste operations Environmental permits are designed to regulate activities which have the potential to cause pollution of the environment or harm to human health. Waste operations are activities which involve the disposal or recovery of waste. Disposal and recovery operations are contained and listed Annexes I and II in the Waste Framework Directive 2008/98/EC. Those who recover or dispose of waste, carry out a waste operation and must comply with the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154. Transferring cleared water from one gully to another may constitute a waste operation, requiring an environmental but this will depend on a number of factors. Attention should be given to whether

Section 33(1)(a) of the Environmental Protection Act 1990 (EPA 1990) provides that it is an offence to: ‘…deposit controlled waste [or extractive waste], or knowingly cause or knowingly permit controlled waste [or extractive waste] to be deposited in or on any land unless a waste management licence [an environmental permit] authorising the deposit is in force and the deposit is in accordance with the licence [the permit].’ It follows that it is a defence to a charge of depositing controlled waste on land if a person has a permit

There is no specific prohibition of which we are aware which would prevent the manager of a care home in which the donor is resident from being appointed in their personal capacity as a replacement attorney by the donor. However, as a practical matter the following issues should be considered before any such appointment is made: • what is known about the care home manager

Duties of executors Executors are under a duty to collect and get in the real and personal estate of the deceased and administer it according to law (section 25 of the Administration of Estates Act 1925 (AEA 1925)). In carrying out these duties, an executor must act with due diligence: see Re Tankard. Executors are also under the duty to exercise reasonable care and skill in accordance with section 1 of the Trustee Act 2000. See: Personal representatives—overview. These duties of the executor are of a fiduciary nature. The executor must act in good faith and cannot put themselves in a position whereby there is a conflict of interest between their interests and those of the estate: Broughton v Broughton. The

Has settlement been reached? In order to determine whether parties have reached a settlement, it will be necessary to undertake an analysis as to whether there has been the creation of an agreement in accordance with ordinary contractual principles (ie offer, acceptance, consideration and intention to affect legal relations). This is a separate issue which would constitute a different basis for claim against another party, as the party would be seeking to rely upon the settlement reached between the parties

Questioning candidates for employment about their criminal record—general protections Employers are not generally entitled to full disclosure of previous convictions and cautions during the recruitment process. The Rehabilitation of Offenders Act 1974 (ROA 1974) enables convictions and cautions to become spent, and a convicted person to become 'rehabilitated', at the end of a rehabilitation period. These general protections are subject to certain exceptions: • some sentences are excluded from rehabilitation under ROA 1974 (cautions are not excluded), and • there are exceptions for certain offices, employments and occupations The same rehabilitation protections (and exceptions) apply in respect of Disclosure and Barring Service (DBS) checks and questions asked by the prospective employer. Spent cautions For the purposes of the ROA 1974, a ‘caution’ is: • a conditional caution given to an adult or to a child or young person • any other caution given in England and Wales in respect of an offence the individual has admitted

If the estate is an excepted estate and Form IHT205 has been filed, there is no need to submit an application for a clearance certificate in Form IHT30 as clearance is provided automatically after 35 days from the issue of the grant unless HMRC issues a written notice calling for an account within

Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) brought into effect a right for lessees to form a right to manage company (RTM Company) and for it to acquire and exercise rights in relation to the management of a relevant premises (CLRA 2002, s 71). The right applies to premises if: • they consist of a self-contained building or part of a building, with or without appurtenant property • they contain two or more flats held by qualifying tenants, and • the total number of flats held by qualifying tenants is not less than two thirds of the total number of flats There are many reasons why tenants might want to take over the management of their building, including an absentee freeholder who does not carry out the necessary obligations,

Practice Notes: Information management and security—regulatory requirements—law firms and How to comply with information security requirements set out your obligations under the General Data Protection Regulation (the GDPR). These documents also reflect ICO expectations, as set out in the ICO’s guidance on security under the GDPR. This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Assimilated Regulation (EU) 2016/679) unless expressly stated otherwise. GDPR requirements Data security is a cornerstone of the GDPR. You must process personal data in a manner that ensures appropriate security (using appropriate technical or organisational measures), including protection against: • unauthorised or unlawful processing, and • accidental loss, destruction or damage Article 32(1) of the GDPR, puts more flesh on the bones of the security principle—you are required to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, costs of implementation and the nature, scope, context and purposes of processing as

A Landlord and Tenant Act 1954 (LTA 1954) lease which is continuing as a statutory continuation tenancy will be a ‘subsisting agreement’ for the purposes of the transitional provisions under Schedule 2 to the Digital Economy Act 2017. If a subsisting agreement is a lease of land in England and Wales, the termination and modification provisions contained in Part 5 of the new Electronic Communications Code (under Schedule 3A Pt 1 to the Communications Act 2003 (CA 2003)) (the Code) do not apply if the lease is one to which LTA 1954, Pt II applies and there is no agreement

The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (MLR 2019), SI 2019/1511 which implement the provisions of the Fifth Money Laundering Directive (5MLD) into UK law, came into force on 10 January 2020. MLR 2019, SI 2019/1544 achieve this by amending the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 in a number of respects. Regulation 30A of the MLR 2017, SI 2017/692, as amended, requires that: • before establishing a business relationship with a company, unregistered company, LLP, eligible Scottish partnership, a trust which is subject to registration under the MLR 2017 or an overseas entity which is subject to registration under Part 1 of the Economic Crime (Transparency and Enforcement) Act 2022, you must collect proof of registration or an excerpt of the register from the client (or from the registrar in the case of an eligible Scottish

It is correct that commercial rent arrears recovery (CRAR) under the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) is not enforceable against the Crown. It should be noted, however,