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The Guideline on good pharmacovigilance practices (GVP) (PV Guidance) provides that a marketing authorization holder (MAH) may subcontract certain activities of the pharmacovigilance (PV) system to third parties, including the role of Qualified Person for Pharmacovigilance (QPPV) (see page 18 of the PV Guidance). The MAH nevertheless retains full responsibility for the completeness and accuracy of the pharmacovigilance system master file (PSMF). The
Q&As
Agreements under section 278 of the Highways Act 1980 (HiA 1980) and agreements under HiA 1980, s 38 are very different from each other and thus need to be considered separately. S 278 Agreements are used where a highway authority authorises someone (usually a developer) to carry out works on an existing highway, and deal with the funding of those works within existing public highway. As such, there would not usually be any third party interest in the highway. Provided that the highway authority (HA) is satisfied that the works will be of benefit to the public, it may enter into an agreement with any person (typically a landowner, or a developer seeking planning consent for an adjacent or nearby proposed development) for that person to pay for those works. S 38 agreements are an offer by the landowner to the HA to dedicate some part of the landowner’s
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Section 12 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) concerns the entitlement to occupy property and TOLATA 1996, s 13 governs restrictions and exclusions to a beneficiary’s entitlement to occupy a property. Neither section could be used to address issues concerning a party’s pensions since both sections clearly focus on rights of occupation of a property. TOLATA 1996, s 14 provides that any person who is a trustee of land, or has an interest in property subject to a trust of land, may make an application to the court for an order relating to the exercise by the trustees of any of their functions, or declaring the nature or extent of a person’s interest in property subject to the trust. ‘Trust of land’ is defined
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The only difference is pursuant to paragraph 5 of Schedule 4 to the Land Registration Act 2002 (LRA 2002). The registrar has the additional power to remove a superfluous entry, whereas the court, pursuant to LRA 2002, Sch 4, para 2, does not. The advantage of going to court will
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Section 193 of the Housing Act 1996 (HA 1996) governs the duty of the local housing authority to persons with priority need who are not homeless intentionally. The local housing authority shall where the section applies secure that accommodation is available for occupation by the applicant. By HA 1996, s 193(5), the duty ceases in certain circumstances, which includes where an applicant, having been informed of the possible consequences of refusal, refuses an offer of accommodation which the authority is satisfied is suitable for him and the authority notify him that they regard themselves as having discharged their duty under the section. Under HA 1996,
Q&As
This Q&A considers the circumstances and procedures under which a notice may be served under section 184 of the Highways Act 1980 (HiA 1980) and when such a notice may be withdrawn in England. HiA 1980, s 184 deals with the provision of vehicle crossings over an adopted pavement or highways verge, either in response to a request for a vehicle crossing (commonly a dropped kerb) from the neighbouring landowner, or of the local highways authority’s (LHA) own initiative. A section 184 notice is only served when the LHA is initiating the provision or improvement of the vehicle crossing itself. The LHA may do so in two circumstances, as follows: • where the occupier of any premises adjoining or having access to the highway habitually takes or permits to be taken a mechanically propelled vehicle across a kerbed footway or a verge in
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The key restrictions upon the court’s powers to make an order for periodical payments in respect of a child are put in place by section 8 of the Child Support Act 1991 (CSA 1991). Specifically, CSA 1991, s 8(1) states: ‘This subsection applies in any case where the Secretary of State would have jurisdiction to make a maintenance calculation with respect to a qualifying child and a non-resident parent of his on an application duly made by a person entitled to apply for such a calculation with respect to that child.’ [emphasis added] Further, CSA 1991, s 8(3) states that ‘no court shall exercise any power which it would otherwise have to make, vary or revive
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This Q&A raises considerations as to the nature of easements, in particular the extent to which a landlord might grant one to a tenant. Ordinarily, an easement is granted by A, the owner of a freehold estate to B, another owner of a freehold, most often a neighbour, to enjoy some right over A’s land. A typical example will be a right of way over A’s land to be enjoyed by B. The grantor cannot create an interest which will last longer than his own. It follows that if A is to grant an interest to take effect in perpetuity, he must own a fee simple interest. If A’s interest is leasehold then the right which can be granted over the demised premises cannot last longer than the duration of the term. It must also not amount to a breach of the terms of the lease. In this context, a landlord, be it a fee simple owner
Q&As
A sale contract becomes legally binding on exchange and the beneficial ownership of the property passes to the buyer. It is common practice for exchange to take place by telephone in accordance with Law Society Formulae for exchanging contracts by telephone (the Formulae): • Formula A, where the seller’s solicitor holds both parts of the contract • Formula B, where each solicitor is holding their own clients signed contract, or • Formula C,
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A transfer of a registered title and is a registrable disposition. Such a disposition must be executed by a valid deed, pursuant to section 52 of the Law of Property Act 1925 (LPA 1925). To be a valid deed, each individual party to the deed must sign 'in the presence of a witness who attests their signature' pursuant to section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). See Practice Note: Property deeds—use and execution of deeds in property transactions. For the purposes of the LP(MP)A 1989 s 1(4), a signature includes ‘making one’s mark’ on the deed. The purpose of the requirement for a witness to the signature is an evidential one. It ought to
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This Q&A considers whether parties, when renewing the lease on one property, could incorporate in that lease a renewal of a lease on another property. Renewal of a lease is governed by the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). LRHUDA 1993, s 57 provides that any new lease upon renewal has to be on the same terms as the existing lease. However, there are some limited exceptions to this: • if the existing lease includes property which is not to be included in the new lease • where physical alterations have been made to the property since the existing lease was granted • where