Part 3 of the Housing Act 2004 (HA 2004) licence may only be granted to the applicant or to some other person where the local housing authority is satisfied of the following: • the proposed licence holder is a ‘fit and proper person’ to be the licence holder and is, out of all the persons reasonably available to be the licence holder in respect of the house, the most appropriate person to be the licence holder (HA 2004, ss 88(3)(a), (c), 89(1)–(4)) • the proposed manager of the house: ◦ is either the person having control of the house ◦ or a person who is an agent or employee of the

The following materials should be of help in your research: • Overviews ◦ Charitable trusts—overview • Q&As ◦ A charitable trust is looking to dissolve.

In respect of business-to-consumer (B2C) contracts for the supply of services, section 57 of the Consumer Rights Act 2015 (CRA 2015) (contained in CRA 2015, Pt 1) sets out certain rules on liability that cannot be excluded or restricted. In particular, CRA 2015, s 57(3) provides that: ‘[a] term of a contract to supply services is not binding on the consumer to the extent that it would restrict the trader's liability arising under any of sections 49 [(service to be performed with reasonable care and skill)] and 50 [(information about trader or service to be binding)] and, where they apply, sections 51 and 52 (reasonable price and reasonable time), if it would prevent the consumer in an appropriate case from recovering the price paid or the value of any other consideration. (If it would not prevent the consumer from doing so, Part 2 (unfair terms) may apply)’. A cap on the trader’s liability in a B2C contract

Asbestos is a collective term for six fibrous materials that occur naturally, and for many years were mined and used in combination with other building materials in order to increase their strength. It was used in the housebuilding industry until 1999, and any property built before that time may contain asbestos. Exposure to asbestos fibres can lead to serious illness such as mesothelioma or lung cancer, though asbestos is usually stable unless disturbed. As such it requires specialist skills for its removal. The presence of asbestos will usually be shown up in a survey commissioned as part of the purchasing process, or as part of the notification process from a seller. A seller who is aware of the presence of asbestos and fails to disclose it as part of the standard questionnaire or in response to specific questions may be liable for damages arising

Even if an express undertaking to assist with requisitions has not been given, the effect of the covenants implied under sections 1 and 2 of the Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) needs to be borne in mind. LP(MP)A 1994, s 2(1)(b) states that, where a disposition is made with full or limited title guarantee, there is an

This Q&A deals with the question of the powers available to a local authority when installing gates or barriers on public highways. The question identifies the two most applicable powers in relation to authorisation of gating of, and gating of, public rights of way (PROW). However, several other powers exist which enable highway authorities to gate or fence highways in certain defined circumstances. We set them out below. For general information on PROW, see Practice Note: Public rights of way. Section 80 of the Highways Act 1980—fencing highways maintainable at public expense If the PROW is a highway maintainable at public expense, section 80 of the Highways Act 1980 (HiA 1980) gives highway authorities power to fence the PROW. However, this power cannot

A person appointed as a director of a company is an office-holder and is not, by virtue of that appointment alone, also an employee of the company. For employment law purposes, it will be a question of fact whether or not a director is an employee (or indeed a worker). See Practice Notes: • Office-holders—Directors • Employee status • Worker status Payments to directors are subject to PAYE deductions (see Practice Note: Scope of the PAYE system). The HMRC guidance for employers: Claim for your employees’ wages through the coronavirus job retention scheme was first published on 26 March 2020, and has since been updated on 4 April, 9 April and 15 April 2020. The government also published a Treasury Direction on 15 April. For information on the CJRS generally, see Practice Note: Coronavirus Job Retention Scheme (original version to 30 June 2020) [Archived]. For information on the updates

Definitions of ‘data controllers’ in the current and future regimes Data Protection Directive, Directive 95/46/EC UK’s Data Protection Act 1998 (DPA 1998) General Data Protection Regulation (GDPR) Article 2(d):'controller' shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of processing are determined by national or Community laws or regulations, the controller or the specific criteria for their nomination may be designated by national or Community law Section 1(1):‘data controller’ means, subject to subsection (4), a person who (either alone or jointly or in common

The High Court and the Family Court have a general power to grant an injunction (interlocutory or final) to appoint a receiver, where it is ‘just and convenient to do so’, and any such order may be made either unconditionally or on such terms or conditions as the court thinks fit (per section 37 of the Senior Courts Act 1981 which applies to the Family Court as it applies to the High Court). The Civil Procedure Rules 1998 (CPR) apply in relation to the appointment of a receiver in family proceedings

As the translation is required for use in Spain, it would be advisable to check the precise requirements with a locally qualified practitioner there and/or with the person(s) requesting the translation.

Revision of defective accounts For comprehensive information on the statutory provisions governing the revision of defective accounts and reports see Practice Notes: Revision of defective accounts and reports and How to correct company accounts, in particular the provisions under The Companies (Revision of Defective Accounts and Reports) Regulations 2008, SI 2008/373 (as amended by the Companies, Partnerships and Groups (Accounts and Reports) Regulations 2015 (SI 2015/980)) (the Regulations), which were made under section 454 of the Companies Act 2006 (CA 2006). Penalties for late filing In relation to the penalties applicable for late filing, note the wording of CA 2006, s 453 which states that ‘…the amount of the penalty shall be determined in accordance with regulations made by the Secretary of State by reference to the length of the period between the end of the period for filing the accounts and reports in question

According to the Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274, reg 70(1), utilities have 30 calendar days in which to send a contract award notice for publication to the EU Publications Office following the award of a contract or the conclusion of a framework agreement. Notices must contain the information set out in Annex XII to Directive 2014/25/EU (the Utilities Contracts Directive). For practical purposes, utilities comply with this requirement by submitting Form 6, which is the appropriate EU Publications Office form for contract awards by utilities. It should also be noted that a contract award notice should be used to inform the market that a particular tender process has been unsuccessful or abandoned. In the past, the requirement to publish a contract award notice was often more honoured in the breach