This Q&A assumes that the individual donor executing the Power of Attorney is an individual. The instrument appointing an attorney must be executed as a deed (section 1(1) of the Powers of Attorney Act 1971). For an example, see Precedent: Power of attorney for commercial transactions. An instrument is validly executed as a deed by an individual only if it is signed by them in the presence of a witness who attests the signature. The witness must be present at

Subject to the exclusion of trunk roads, section 263 of the Highways Act 1980 sets out that: ‘Every highway maintainable at the public expense, together with the materials and scrapings of it, vests in the authority who are for the time being the highway authority for the highway.' In Finchley

In conducting our research, we have focussed on the position under the Data Protection Act 1998 (DPA 1998) and we have not commented on the position under the forthcoming, General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, which will be directly applicable from 25 May 2018. Background The DPA 1998 governs processing of personal data in the UK. It incorporates the provisions of Directive 95/46/EC (the Data Protection Directive) into UK law and obliges those handling personal data to comply with eight

This Q&A has been produced in partnership with Harry Spurr of IPOS Mediation. While the coronavirus (COVID-19) ‘lockdown’ has suffocated activity in many areas of normal life, those charged with responsibility for the authoring and publication of ‘guidance’ have been busier than ever. Not to be outdone, the mediation industry has been hard at work producing its own advice on remote mediation, and there is no shortage

While there is no specific primary legislation in relation to the Coronavirus Business Interruption Loan Scheme (CBILS), section 75 of the Coronavirus Act 2020 (CA 2020) disapplies section 8 of the Industrial Development Act 1982, permitting the

A voluntary aided school is a maintained school which is owned and run by a voluntary organisation. Most voluntary aided schools are run by faith groups, although some are secular in character. As a maintained school, a voluntary aided school is subject to Part 3 of the Education Act 2002 (EA 2002). EA 2002, Pt 3 makes provisions specifically for maintained schools. EA 2002, s 19 (which appears in EA 2002, Pt 3) requires a maintained school to have a governing body and EA 2002, s 19(1) sets out the legal nature of the governing body: '(1) Each maintained school shall have a governing body, which shall be a body corporate constituted in accordance with

The statutory authority which may be considered in this scenario is the Housing Act 1985 (HA 1985). This act explains what clauses can be included in a Right to Buy (RTB) transfer. HA 1985, ss 139, 151, and in particular HA 1985, Sch 6, Pt I, para 5, state that: ‘Subject to paragraph 6, and to Parts II and III of this Schedule,

We refer you to the following Practice Notes, which set out the different ways in which an inheritance can be redirected after death: • Post-death rearrangements • Variation of Will or intestacy after death You will see from these Practice Notes that a disclaimer and a variation have different effects. A disclaimer is defined as the refusal of a gift prior to acceptance. The refusal must take place before the beneficiary accepts any benefit from it and the effect

There appears to be no statute covering tin mining compensation (unlike coal mining). The relevant areas of the UK affected by tin mining are Cornwall, Devon and Somerset. If any subsidence occurs as a result of tin mining, the owner of

The time limit for submitting a NEOI (Notice of Error or Omission) claim is governed by the provision under section 241 of the Inheritance Tax Act 1984 (IHTA 1984). According to this section, a claim for repayment of overpaid inheritance tax (IHT) must be made within four years after the date on which the payment or last payment of the tax was made. HMRC's

Section 42 of the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA 1993) gives a leaseholder of a flat the right to an additional 90 years on their existing lease. In order to qualify, the leaseholder: • must hold a long lease (there are several types with the main lease being one which was granted for a term in excess of 21 years) • be the registered proprietor at HM Land Registry (HMLR) for two years prior to service of the section 42 notice. There is no need to be resident in the flat LRHUDA 1993 allows

Registration of charge with Companies House Companies Act 2006, s 859A (CA 2006) requires that any charge created by a company be registered with Companies House within 21 days after the creation of the charge. The register is open to public inspection, and the purpose and effect of registration is to warn creditors who subsequently inspect the register that the charge exists and, subject to other relevant priority rules, is likely to have priority over later charges. In general, any charge or mortgage securing payment by the company is registrable under the CA 2006, but it is to be noted that some charges are not, such as a ‘security financial collateral arrangement’, and in case of doubt specific legal advice should be sought. It should also be noted that the registration must include (inter alia) details of any right given to the registering creditor to prohibit or restrict