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GLOSSARY
See scheme of arrangement.
Q&As
Part I of the LTA 1987 gives qualifying tenants the right of first refusal on a proposed disposal by the landlord of a relevant estate or interest in land. The broad scheme of LTA 1987 is as follows: • where the landlord proposes to make a ‘relevant disposal’, LTA 1987, s 5 requires that the landlord serve on the tenants a notice (an ‘offer notice’) which must comply with the relevant requirements of LTA 1987, ss 5A–5D (depending on the nature of the proposed disposal) • the offer notice must specify a period
PRECEDENTS
CASE: R v [insert name of defendant] STATEMENT OF: [insert name of witness] AGE OF WITNESS: Over 18 years OCCUPATION: [insert job title of witness] ADDRESS: [insert address of witness] This statement (consisting of [insert number] pages each signed by me) is true to the best of my knowledge and belief, and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true. Signature ………………………………………………………………. Dated [insert date] 1 I am the [insert position eg Head of Product Security] for [insert name of the Right holder] (the Right holder). I make this witness statement on the basis of my own knowledge acquired in the conduct of this matter on behalf of the Right holder, from information obtained from colleagues, and from examining the Right holder’s files. I am authorised to make this witness statement on behalf of the Right holder. 2 I have been employed by the Right holder since [insert date of commencement of employment] and have, in
GLOSSARY
Pension rights in a contracted-out salary-related (COSR) scheme accrued by members who were in contracted-out employment between 6 April 1997 and 5 April 2016, in compliance with the reference scheme test mentioned in the Pension Schemes Act 1993, s 9(2B). Section 9(2B) rights replaced guaranteed minimum pensions on 6 April 1997. Also known as: Post-1997 contracted-out salary-related rights or Post-1997 COSR rights.
NEWS
Property Disputes analysis: When will the court order that a borrower be given conduct of the sale of a mortgaged property in place of receivers under section 91 of the Law of Property Act 1925 (LPA 1925)? The Court of Appeal agreed with the first instance Deputy Judge that (1) such an order should be made only in exceptional circumstances and (2) where there is some identifiable unfairness to the borrower and (3) this unfairness requires the court to be satisfied that the property is likely to be sold at an undervalue. Written by Tiffany Scott KC, barrister at Wilberforce Chambers.
Q&As
Section 9P(1) of the Local Government Act 2000 (LGA 2000) requires a local authority to prepare and keep up to date a constitution, which must contain a copy of the authority’s standing orders and a copy of the authority’s code of conduct (LGA 2000, s 37 in relation to Welsh local authorities). The constitution must also contain such information as the Secretary of State may direct and any other information which the authority considers appropriate. Pursuant to LGA 2000, s 9P(2), a committee system local authority must also ensure that its constitution contains a statement as to whether the authority has resolved to have an overview and scrutiny committee. See Statutory Guidance: Statutory Guidance on Overview and Scrutiny in Local and Combined Authorities. Section 135(2) of the Local
GLOSSARY
The construction contract may provide for the works to be undertaken in sections (or parts), with each section having its own completion date and specific rate of LADs applicable to that section. Sectional completion must be expressly provided for in the contract.
PRACTICE NOTES
What is sectional completion? Where the construction contract splits the works into sections or parts, usually to be started at different times, there will be multiple completion dates set by the employer in respect of those different parts of the works. This is known as sectional completion. Advantages and disadvantages of sectional completion Sectional completion is to the employer’s advantage in that it allows it to use parts of the development earlier than it could if it had to wait for the whole development to be completed, because in that case, the contractor would continue to have possession of and occupy the whole site until all the works were completed. For example, in a residential development, this would mean that the employer can begin showing and selling the units as they are completed, rather than having to wait for the whole development to be finished. Sectional completion can therefore allow the employer to begin recouping some of its build costs earlier. Sectional completion can also be useful in a refurbishment project, because it can allow occupiers to be decanted
PRACTICE NOTES
THIS PRACTICE NOTE APPLIES ONLY TO DEFINED BENEFIT AND HYBRID OCCUPATIONAL PENSION SCHEMES What is a 'sectionalised' pension scheme? A single pension scheme can be structured into various sections depending on how it is made up. For example, it may: • have more than one participating employer and provide for different benefit structures for members employed by different employers • be the product of historic mergers or bulk transfers of members’ benefits as a result of corporate transactions, resulting in a single sponsoring employer but with rules providing for different groups of members to receive different benefits • provide for both historic defined benefits and more recent defined contribution benefits • be an industry-wide pension scheme allowing different employers to participate, each with its own section providing benefits for its own employees Further, within each the rules of the scheme may provide: • for the scheme assets to be held and administered as a single fund and may, therefore, permit cross-subsidy as between different sections, or • that the assets of each section
Q&As
According to the legislation.gov website: ‘Highways Act 1980, Section 171 is up to date with all changes known to be in force on or before 03 March 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.’ See Commentary: Charging for occupation of the highway by scaffolding and building materials: Halsbury’s Laws of England [395]. We have found nothing further to indicate any intention to bring these provisions into force. Power for a local authority to charge There
GLOSSARY
Stock markets are divided into sectors, which comprise of companies from the same industries eg telecommunications sector, oil sector, media sector etc.