The purpose of the Pensions Regulator (Notifiable Events) Regulations 2005 (Notifiable Events Regulations), SI 2005/900, is to give the Pensions Regulator advance warning of events which could cause a scheme, or part of it, to enter an assessment period for the Pension Protection Fund (PPF). The definition of employer is extended for PPF purposes and assessment periods can be triggered in relation to former employers. For example, the Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (OPS(MA)R 2005), SI 2005/2113, reg 5(3) extends the definition in the Pension

While there appear to be no specific restrictions that dictate requirements in terms of the name of a prize competition, promoters must ensure that any such name they use will not mislead participants. Rule 8.17 of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) requires that all marketing communications or other material referring to promotions must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. Specifically,

Financial contributions towards the cost of specific projects are often required to be paid to a local planning authority (LPA) by a developer in order to mitigate the adverse impacts of the development so as to allow planning permission to be granted. This Q&A covers the situation where the section 106 agreement does not include any specific express clawback provisions. LPA’s obligations when imposing financial contributions Where a financial contribution is to be imposed by a planning obligation (section 106 obligation) when a planning application is being determined, the contribution has to meet strict legal tests set out in regulation 122 of the Community Infrastructure Levy Regulations 2010, SI 2010/948 (SI 2010/948, reg 122) (as amended). This states that a planning obligation may only constitute a reason

In answering this Q&A, we have assumed by ‘consolidated insolvency proceedings’ you are referring to two applications made within two separate bankrupt estates that are being dealt with in effect as one, but the underlying bankruptcy estates, each with their own court case number, remain separate. Consolidation of proceedings—in general It is important to note that when proceedings are ‘consolidated’, this means there is one set of proceedings (ie with one set of pleadings and case number). The court's power to consolidate is discretionary and is contained in CPR 3.1(2)(g) and (h). See: Consolidation of proceedings; in general: Halsbury’s Laws of England [114] for more information. You may also find useful the

The Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019 (the Regulations), SI 2019/411, reg 28(1) prohibits any person from making or receiving a transfer of funds which that person knows or has reasonable cause to suspect is a transfer of funds to or from

The consultation requirements set down by the Landlord and Tenant Act 1985, s 20 (LTA 1985) is defined LTA 1985, s 20ZA(4) as meaning ‘requirements prescribed by regulations made by the Secretary of State’. The relevant regulations are the Service Charges (Consultation Requirements) (England) Regulations 2003/1987 (as amended). The 2003 instrument, however, sets down no rule for service of a notice (although it does provide rules for service of responses to the consultation on the landlord). Given that the relevant provisions lay down no particular rule in this regard, reference must be made to the general law of service of notices in the context of property. The Law of Property Act 1925, s 196 (LPA 1925) begins by providing as follows: (1)

There are no statutory rules or guidance governing who must be notified of a planning application going to committee. This is usually a matter for the local planning authority’s constitution, scheme of delegation and any other associated local guidance. As a matter of practice, statutory consultees, objectors, and those notified of the planning application itself may well be notified once a local planning authority has decided to take an application to committee. Consultation/notification on receipt of a planning application The Town and Country Planning (Development Management Procedure) (England) Order 2015 (DMPO 2015), SI 2015/595 imposes requirements on local planning authorities to publicise planning applications and undertake a formal period of

A debtor under a regulated consumer credit agreement, a consumer hire agreement or a Regulated Mortgage Contract (RMC) may be granted more time by the court to repay a debt, if the court considers it just to make such an order. This protection enables the court, if it is just to do so, to redraw the terms of an agreement to reasonably reflect the customer’s ability to repay the debt within a reasonable period. The court’s discretion is based on balancing the interests of the firm and the customer. The time order provisions

Trade unions If a trade union body is acting on behalf of members who are employees (ie not undertakings), then this action is unlikely to come within the scope of competition law. Following the Court of Justice’s judgment in Case C-67/96 Albany International BV v Stichting Bedrijfspensioenenfonds Textielindustrie, agreements entered

As a general principle, the value at any time of any property for inheritance tax (IHT) purposes, is the price which the property might reasonably be expected to fetch if sold in the open market at that time (section 160 of the Inheritance Tax Act 1984 (IHA 1984)) With respect to the ten-year charge, IHTA 1984, s 64 provides that tax is charged on the value of the relevant property in the trust immediately before the anniversary. The charge is on the value after business relief or agricultural relief, if appropriate, of the relevant property comprised in the trust. We have not been able to find any definitive guidance as to whether HMRC

We have assumed that this Q&A relates to registered land and that there is a tenants in common restriction on the title as set out below: ‘No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.’ The effect of the above restriction (which is a restriction in Land Registry standard Form ‘A’) is to prevent dispositions by a sole proprietor where capital money arises. Further, where the above restriction appears on an Official Copy of the Register of title, a disposition may not be registered unless it is made by at least two trustees or a trust corporation or the court authorises it. This Q&A asks whether the above restriction itself also

What is an HMO? HMOs are houses or flats occupied by three or more people who rent a property, are not related and share one or more basic amenities. More than six unrelated people living in a property who share