This Q&A assumed that the unit is not part of a building to which the Offices Shops and Railway Premises Act 1963 would apply. Subject to the specified assumption, we are not aware of

Public right of way A footpath is one type of public rights of way (PROW). PROW are highways that allow the public a legal right of passage. They have the same status and protection in law as highways and remain in existence until legally closed, diverted, or extinguished. At common law, a highway is a legal right: a way over which there existed a public right of passage. The definitive map is a map prepared by local authority which is a legal record of PROW in a specified area. If a PROW is shown on the map, it is legal evidence that the public had those rights at the date of the map, and it remains in

This Q&A has been produced in partnership with Gary McIndoe of Latitude Law. When sponsoring a Skilled Worker, a sponsor is required to assign a Certificate of Sponsorship (CoS) that indicates the four-digit occupation code (also known as the ‘standard occupational classification (SOC)’ code) relevant to the job. The SOC is a common classification of occupations developed by the Office for National Statistics. From 4 April 2024, a sponsor must choose the relevant SOC 2020 occupation code from Appendix Skilled Occupations. In accordance with Workers and Temporary Workers: guidance for sponsors part 2 at S3.37: ‘You are responsible for choosing the correct occupation code–we cannot help you with this. If you are unsure which

Pursuant to section 117 of the Mental Health Act 1983 (MeHA 1983), the relevant clinical commissioning group, local health board and local social services authority are under an obligation to provide after-care services (in co-operation with relevant voluntary agencies) to a person previously detained under the MeHA 1983 until such time that the relevant body are satisfied that the person concerned is no longer in need of such services. See commentary: After-care: Halsbury's Annotations [117]. Duties to provide after-care to individuals under the Mental Health Act 1983 Pursuant to section 47 of the National Health Service and Community Care Act 1990, a local authority are under an obligation to carry out an assessment of needs for a person who may come within the definition in MeHA 1983, s 117 and co-ordinate with relevant agencies when assessing and/or providing the necessary services to the individual. This duty is

Under the Coal-Mining (Subsidence) Act 1950 (now repealed) the National Coal Board (later renamed the British Coal Corporation (the Corporation)) were placed under an obligation to carry out repairs, or to make payments in respect of subsidence damage to dwelling-houses caused by coal mining. Power was given to the Corporation to execute works for the prevention or reduction of such damage. As a result of restructuring of the coal industry it is no longer the British Coal Corporation which owes obligations regarding compensation for subsidence damage, but the responsible person in relation to the damage. Further information on the background to this topic can be found at Historical background: Halsbury's Laws of England (76) 203. The statutory framework for compensation for subsidence damage caused by the withdrawal for support from land in connection with coal-mining operations is now contained in the Coal Mining Subsidence Act 1991 (CMSA 1991). It is no longer

The local authority is under no legal obligation to maintain flood defence structures on private land. Responsibility for flood defences in England is split between a number of authorities. First, section 22(1) of the Water Resources Act 1991 (WRA 1991) creates functions for the Environment Agency (EA) in relation to flood defences. These functions include those conferred on the EA by section 6(4) of the Environment Act 1995 to supervise flood defences in England and Wales. As regards maritime flood defences, the EA shares responsibility for coastal flood defences with local authorities which have a maritime

The rules in respect of the minimum salary requirement for Tier 2 (General) migrants applying for indefinite leave to remain (ILR) can be found at paragraph 245HF(d)–(g) of the Immigration Rules (Immigration Rules, Part 6A, para 245HF(d)–245HF(g)). In April 2016, the Home Office introduced a minimum salary requirement for Tier 2 (General) migrants wishing to apply for ILR. The Immigration Rules state that a Tier 2 (General) migrant’s gross annual salary must be (i) at least the appropriate rate for the job as stated in the Codes of Practice in Appendix J of the Rules, and (ii) at least the minimum salary threshold, which is: • £35,000 if the date of application is on or after 6 April 2016 • £35,500 if the date of application is on or after 6 April 2018 • £35,800

The new Statement of Costs for Summary Assessment Pilot is set out in CPR PD 51X and provides for the new statements of costs that may be used: ‘4 Forms N260A and N260B (annexed to this Practice Direction) are model forms of Statement of Costs which may be used for summary assessments while the scheme is in force. The N260A applies when the costs have been incurred on an interim application. The N260B applies when the

Almost all leases will provide an obligation on a tenant to contribute towards the costs of running, maintaining and insuring the building which are incurred by the landlord, by way of a service charge. There will ordinarily be a provision for the calculation of the service charge by reference to the outgoings or to an interim service charge budget and provision for the payment of the same. The lease will contain specific covenants relating to the payment of service charges and, potentially, how to deal with overpayments. Usually the

For the purposes of this Q&A, we have assumed that the settlor’s interest under the trust is an interest under a discretionary trust. The rules relating to settlor interested trusts are anti-avoidance rules, aimed at ensuring that a settlor cannot avoid tax on assets of which they are not fully divested. The general rule relating to income that may be treated as the settlor’s own income is contained in section 624 of Income Tax (Trading and Other Income) Act 2005 (ITTOIA 2005), which is part of what HMRC refers to as the ‘settlements legislation’ (and is also known as the ‘settlements code’ or ‘settlor code’). It is subject to certain exceptions. ITTOIA

The non-payment of service or administration charges is a once and for all breach. Where they are reserved as rent, the acceptance of service charges will amount to a waiver. The position is less clear in relation to a demand for service charges and in circumstances where service charges are not reserved as rent. To be on the safe side, it is better to assume that a waiver will also occur in these circumstances. When a covenant in a lease is breached, the landlord usually has the right to forfeit the lease. Some breaches of a lease are of a continuing nature. Others are ‘once and for all’. The latter are one off, singular events, such as non-payment of rent or an unlawful assignment. There is a single breach with the effect that the right to forfeit may be waived. Once it is waived, the landlord can never forfeit for

The Tobacco and Related Products Regulations 2016, SI 2016/507, reg 48 lists the offences created by the Regulations. These include: • breaches of the obligations contained in Part 2 on labelling • breaches of the obligations contained in Part 3 on emissions, additives etc with the exception of Tobacco and Related Products Regulations 2016, SI 2016/507, reg 14(3) • breach of Tobacco and Related Products Regulations 2016, SI 2016/507, reg 27 on reporting obligations • failure to submit information to the Secretary of State in accordance with a provision of Part 4(reporting about tobacco products) or Tobacco and Related Products Regulations 2016, SI 2016/507, reg 29 (ingredients information for herbal products for smoking) • breaches of Tobacco and Related Products Regulations 2016, SI 2016/507, reg 28 (labelling and presentation of herbal products for smoking) or Tobacco