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GLOSSARY
Assisted suicide is a form of euthanasia where a person wishes to commit suicide but is unable to perform the act, generally as a result of a current physical disability.
PRACTICE NOTES
Assisting or encouraging suicide since 1st February 2010 The offence of suicide was abolished by section 1 of the Suicide Act 1961 (SA 1961). However, it remains an offence to encourage or assist another’s suicide. The amendments to SA 1961, enacted by section 59 and Schedule 2 to the Coroners and Justice Act 2009 came into force on 1 February 2010 and apply only to acts committed on or after that date. Despite the extensive changes in the wording of SA 1961, s 2, the scope of the law remains the same. The stated purpose of the amendments was to: • improve public understanding of the law in this area, and • make clear that the law applies to online actions, ie material posted on the internet, in exactly the same way as it does offline Elements of the offence A person ('D') commits an offence of complicity in another’s suicide if: • D does an act capable of encouraging or assisting the suicide or attempted suicide of another person, and • D’s act was intended to encourage
PRACTICE NOTES
Background to the regulation of assisting in the administration and performance of insurance contracts Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), a person cannot carry out regulated activities in the UK unless that person is authorised or exempt. This is known as the general prohibition. For more information about the general prohibition and its territorial scope, see Practice Notes: The general prohibition and implications of its breach and Territorial scope of the general prohibition. 'Regulated activities' are defined as including specified activities carried on by way of business that relate to ‘specified investments’ or property of any kind to which the specified activity relates. ‘Specified’ for these purposes means specified by HM Treasury. The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (RAO) sets out a number of activities and investments which are so specified. For further information on what constitutes regulated activities, see Practice Note: What are regulated activities? For more information about what 'by way of business' means in relation
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The Homelessness Reduction Act 2017 (Commencement and Transitional and Savings Provisions) Regulations 2018, SI 2018/167, were made on 8 February 2018 and the Homelessness Reduction Act 2017 (HRA 2017) came into force in its entirety on 3 April 2018. This brought a significant legislative change to the duties of local housing authorities in England under the Housing Act 1996, to bring the position more in line with that in Wales. This Practice Note remains relevant for those applications made before 3 April 2018. For details of the main housing duties for all applications post-3 April 2018 in England, See Practice Note Homelessness—assisting the homeless post-3 April 2018. This Practice Note states the law prior to 3 April 2018 and is not maintained. Homelessness duties in England and Wales This Practice Note sets out the main homelessness duties owed by local housing authorities (LHA) in England and Wales prior to 3 April 2018. The type of applicant covered and the
GLOSSARY
For the purposes of CA 2006, Pt 28, Ch 3 (squeeze-out and sell-out), a nominee of the offeror, a holding company, subsidiary or fellow subsidiary of the offeror or a nominee of such a holding company, subsidiary or fellow subsidiary, a body corporate in which the offeror is substantially interested, a person who is, or is a nominee of, a party to a share acquisition agreement with the offeror, or (in the case of an individual) their spouse or civil partner and any minor child or stepchild.
NEWS
Law360, London: An NHS mental health trust has failed to prove that an Associate Hospital Manager sitting on a review panel was an independent contractor, with the Employment Appeal Tribunal backing an earlier ruling that the claimant was a worker who enjoyed whistleblowing protection.
GLOSSARY
A planning concept established by the Planning Act 2008 (section 115) and relating to applications to the Secretary of State for development consent for an NSIP. Associated Development, broadly, is that development which is connected to the principal NSIP development for which development consent is sought. In England, the Secretary of State determines applications for Associated Development where included within an NSIP application. In Wales, responsibility for determining all Associated Development applications lies with the local planning authority.
GLOSSARY
The definition of associated person is broad and can embrace a wide range of business relationships: • an employee who is acting in the capacity of employee • an agent (other than an employee) who is acting in the capacity of an agent, and • any other person who performs services for or on behalf of the firm who is acting in the capacity of a person performing such services—questions as to whether a person is performing services for or on behalf of a firm will be determined by reference to all relevant circumstances, not merely the nature of the relationship, contractual status or label applied to that person An associated person can be an individual or an incorporated body. The question as to whether a person is performing services for or on behalf of an organisation will be determined by reference to all relevant circumstances, not merely the nature of the relationship, contractual status or label applied to that person. For criminal facilitation to occur, the associated person must: • deliberately and dishonestly take action to facilitate the taxpayer-level evasion—if they accidentally, ignorantly or even negligently facilitate the tax evasion, the failure-to-prevent offences cannot apply, and • do so in their capacity as an associated person of the organisation—the offences will not apply if the associated person is on a frolic of their own or acting in a personal capacity A person can be ‘associated’ and ‘not associated’ at different moments in time depending on the capacity in which they are acting at that moment. The criminal act of facilitation can only be committed when that person is acting in a capacity of an ‘associated’ person.
PRACTICE NOTES
The Criminal Finances Act 2017 (CFA 2017) introduced a corporate offence of failure to prevent facilitation of tax evasion, which came into force on 30 September 2017. There are two potential offences, depending on whether the tax evaded is owed in the UK or in a foreign country. Each offence has three core stages, all of which must exist for criminal liability to arise: There is only one defence, ie when the tax evasion facilitation offence was committed: • your firm had in place such prevention procedures as was reasonable in all the circumstances to expect, or • it was not reasonable in all the circumstances for your firm to have any prevention procedures in place For more guidance on the offence and defence, see Practice Note: Failure to prevent facilitation of tax evasion—compliance issues. There are additional requirements for the foreign offence, including a ‘dual criminality’ requirement. See Practice Note: Failure to prevent facilitation of tax evasion—compliance issues—jurisdictional issues. Guidance The government issued Government guidance for the corporate offences of failure
GLOSSARY
An agreement entered into between the EAEC and Third Countries under Article 206 of the Euratom Treaty establishing an association involving reciprocal rights and obligations, common action and special procedures. To date the Euratom Community has not entered into any association agreements but has entered a number of other agreements pursuant to Article 101 of the Euratom Treaty including nuclear co-operation agreements and agreements providing third states with access to the Euratom R&D programme.
GLOSSARY
‘Association de Geston International Collective des Oeuvres Audiovisuelles’ or the ‘Association of International Collective Management of Audiovisual works’ is a non-profit organisation which acts in various countries, to collect and distribute payments of royalties to producers of audiovisual works and/or the right holders in those works for the television retransmission of those works.
GLOSSARY
Engineering and technical association, formerly known as the Association of Consulting Engineers. It publishes standard form engineering consultants' appointments.