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GLOSSARY
The senior officers that a local authority is required by law to appoint.
PRACTICE NOTES
This Practice Note sets out the jurisdiction and criteria in relation to maintenance for a child via the statutory scheme administered by the Secretary of State for Work and Pensions acting through the Child Maintenance Service (CMS) (part of the Department for Work and Pensions (DWP)). It also details the steps required to obtain a maintenance calculation, the criteria that are applied and the relevant formulas. Throughout this Practice Note, the term non-resident parent (NRP) will be used to indicate the paying (or potentially paying) parent; the term person with care (PWC) will be used to indicate the person (not necessarily a parent) receiving (or potentially receiving) child support maintenance. Introduction The Child Maintenance and Other Payments Act 2008 (CMOPA 2008) amended the Child Support Act 1991 (CSA 1991), bringing into existence the third child support scheme, which was extended to all new cases on 25 November 2013. Following the closure of the Child Support Agency in 2018, all applications are dealt with by the CMS. Key aspects include: • the application must be made via the Child Maintenance
CHECKLISTS
Most of the claims that may be brought in the employment tribunal derive from a jurisdiction created by statutory provisions. Each such set of statutory provisions will include a provision that prevents the parties (or potential parties) to an employment tribunal claim from reaching an agreement that purports to settle the claim and, in so doing, purports to have the effect of ousting the jurisdiction of the employment tribunal to adjudicate upon the dispute. These provisions are usually referred to as 'contracting-out provisions', and they appear in similar form in a wide variety of employment legislation, eg in the Employment Rights Act 1996 (ERA 1996), Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) and the Equality Act 2010 (EqA 2010). The provisions are designed to protect claimants (or potential claimants) by preventing them from signing away their right to bring or pursue a claim without adequate safeguards having been observed. The basic rule is that any agreement reached between persons that purports to prevent a person from making, or proceeding
CHECKLISTS
Most of the claims that may be brought in the employment tribunal derive from a jurisdiction created by statutory provisions. Each such set of statutory provisions will include a provision that prevents the parties (or potential parties) to an employment tribunal claim from reaching an agreement that purports to settle the claim and, in so doing, purports to have the effect of ousting the jurisdiction of the employment tribunal to adjudicate upon the dispute. These provisions are usually referred to as 'contracting-out provisions', and they appear in similar form in a wide variety of employment legislation, eg in the Employment Rights Act 1996 (ERA 1996), Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) and the Equality Act 2010 (EqA 2010). They are designed to protect claimants (or potential claimants) by preventing them from signing away their right to bring or pursue a claim without adequate safeguards having been observed. The basic rule is that any agreement reached between persons that purports to prevent a person from making, or proceeding
PRACTICE NOTES
This Practice Note lists in a table the key statutory clearances available and outlines the main considerations relevant to such clearances, including the type of content to include in an application and the ability to rely on a clearance. In addition to the transaction-specific statutory clearances described in this Practice Note, there is a separate Advance Tax Certainty Service (ATCS) for qualifying major investment projects. For more information on the ATCS, see ‘Advance Tax Certainty Service for major investment projects’. Various tax provisions include a procedure under which a taxpayer can apply for a clearance from HM Revenue & Customs (HMRC) in respect of a specific point. The table in this Practice Note: • lists some of the key and more commonly-encountered statutory clearances available and in respect of which HMRC encourages a single application to be submitted when seeking clearance, and • outlines the main considerations relevant to such clearances, such as the type of content to include in an application and the ability to rely on a clearance HMRC's website also provides a longer list
GLOSSARY
Compensation which is payable to a tenant where a landlord successfully opposes the grant of a new tenancy based on grounds (e), (f) and/or (g) of LTA 1954, s 30(1).
PRACTICE NOTES
This Practice Note provides guidance in respect of which grounds of opposition under section 30(1) of the Landlord and Tenant Act 1954 (LTA 1954) give rise to the payment of statutory compensation under one of the three compensation cases under section 37. It also covers how to determine the compensatable ‘holding’, the amount of compensation (ie single or double) payable, and who compensation is payable by and to. Statutory compensation—which grounds are compensatable? Under LTA 1954, s 37 the tenant is entitled to statutory financial compensation for the disturbance to their rights of security of tenure where: • the landlord relies on one or more ‘no fault/compensation grounds’; and • one of the three compensation cases under LTA 1954, s 37(1A)–(1C) applies Three of the seven grounds of opposition under LTA 1954, s 30(1) are ’compensation grounds’ as set out in the following table: Ground of opposition under LTA 1954, s 30(1) Compensation ground? Ground (a)—disrepair No Ground (b)—persistent delay in paying rent No Ground (c)—substantial breaches or other
PRACTICE NOTES
The Contempt of Court Act 1981 The Contempt of Court Act 1981 (CCA 1981) provides for strict liability contempt or indirect contempt of the kind committed by newspapers or others (including private citizens reporting on social media) who publish an article which may interfere with forthcoming legal proceedings. This was previously known as the sub judice rule. The following elements are required: • a publication (which includes any communication, in whatever form, which is addressed to the public at large or any section of the public) • which creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced, and • the proceedings are active The CCA 1981 does not alter but supports the common law. Its principal effects are: • to limit liability for contempt under the strict liability absolute offence rule • to identify specific conduct as contempt of court • to give some protection for witnesses asked to reveal their sources of information published in a publication for which they are responsible • to
GLOSSARY
The effect of the company's constitution is to act as a statutory contract binding the company and its members.
PRACTICE NOTES
There are a number of statutory controls which limit what action an innocent party may take in response to a defaulting party’s breach. This includes statutory controls on contractual mechanisms for responding to such breaches, such as: • the ability to limit or exclude liability for breach • a potential defence to non-performance owing to a sanctions or money-laundering scenario • when insolvency or prospective insolvency might curtail actions in response to a breach • the exclusion of the doctrine of repudiatory breach of contract from certain partnership agreements • limits on rejecting accepted goods For guidance on what may amount to a breach of contract, how the courts approach such assessment with reference to contractual interpretation of the parties’ obligations (and including the ‘principle of futility’ and the ‘prevention principle’) and the remedies available for breach (ie an express contractual right to terminate for breach or termination under the common law doctrine of repudiatory breach) see Practice Note: Breach of contract—damages and termination. Note, a breach of contract may (but will
CHECKLISTS
When does a section 75 debt arise? • A s 75 debt arises in relation to an occupational pension scheme where the scheme is underfunded on a buy-out basis and: ◦ an employment-cessation event occurs in relation to a participating employer in a multi-employer scheme ◦ an insolvency event occurs in relation to a participating employer, or ◦ the scheme enters winding up • In a multi-employer scheme, an employer's s 75 debt will be its share of the scheme deficit calculated on the buy-out basis. • An employer may enter into a deferred debt arrangement, an apportionment arrangement or withdrawal arrangement as an alternative to paying its s 75 debt in full. • Section 75 does not apply to money purchase schemes, unregistered pension schemes, unfunded public
PRECEDENTS
I, [name] of [address], do solemnly and sincerely declare that: 1 On [date] I [and my [wife OR husband OR [other]] ] lodged at HM Land Registry an application to be registered as proprietor of the land ('the Blue Land') edged blue on the plan (now produced and shown to me and marked '1') attached to this declaration ('the Plan'). The freehold estate in the Blue Land is registered, together with that of other land, under title [title number of neighbouring property] of which the registered proprietors are [name(s) of owner(s) of neighbouring property] (‘[define by name, eg 'Mr (and Mrs) Smith’]’). 2 As a result of that application, HM Land Registry issued notices to a number of people, including [Mr (and Mrs) Smith], and [Mr (and Mrs) Smith] responded to the notices issued to them by requiring the registrar to deal with [my OR our] application under the Land Registration Act 2002, Schedule 6, paragraph