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Q&As
The advertisement control system in England consists of rules made by the Secretary of State, as part of the planning control system. Custom and practice has changed in the UK over the last 20 years or so and advertisers increasingly favour outdoor advertising, but this is subject to property law and planning controls. For further details, see Practice Note: Advertisement consents and the advertisement control regime. The present law is contained in the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, SI 2007/783, which have been in force since 6 April 2007. Guidance is also available in the National Planning Practice Guidance published on 6 March 2014 and last updated on 22 July 2019. Advertisements are controlled with reference to their effect on amenity and public safety only and the regime is less onerous than the system for obtaining
Q&As
The Financial Conduct Authority (FCA) was established by section 6 of the Financial Services Act 2012 (FSA 2012), which amended section 1 of the Financial Services and Markets Act 2000 (FSMA 2000) and replaced the Financial Services authority as a regulator. FSMA 2000, s 401(2) provides that offences under FSMA 2000, or subordinate legislation made under FSMA 2000, or an offence under FSA 2012, Pt 7 (offences relating to financial services) may only be instituted by the ‘appropriate regulator’ or the Secretary of State, or otherwise with the consent of the Director of Public Prosecutions. FSMA 2000, s 401(3B) provides that the FCA is the ‘appropriate regulator’ in relation to prosecuting the following offences under that Act (the Prudential Regulation Authority and the Bank of England are the appropriate regulators in relation to other offences under FSMA 2000): • FSMA 2000, s 23(1)—contravention of the general prohibition on carrying out, or purporting to carry out, regulated activities
Q&As
Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 12.3 sets out who will be an automatic respondent to an application for a care order. A person who has parental responsibility for a child will automatically be a respondent, as they will fall into the category of ‘every person whom the applicant believes to have had parental responsibility immediately prior to the making of the care order’. See Practice Notes: The meaning and scope of parental responsibility and Acquisition of parental responsibility by unmarried fathers as to the ways in which parental responsibility may be acquired by a father. The court may direct that a person with parental responsibility be made a party to proceedings where that person requests to be a party, and FPR 2010, SI 2010/2955,
Q&As
A tenant of a dwelling house, let as a separate dwelling, will have security of tenure pursuant to section 79 of the Housing Act 1985 (HA 1985) at any time where the ‘landlord condition’ and the ‘tenant condition’ set out in HA 1985, ss 80–81 are satisfied. The ‘landlord condition’ is that the interest of the landlord belongs to one of several prescribed authorities or bodies. The ‘tenant condition’ is that the tenant is an individual and occupies
Q&As
What use class a co-living space would fall under will depend on the exact character of the use. The London Plan 2021 defines co-living space as comprising generally of at least 50 units, providing shared services and facilities, with tenancies lasting a minimum of three months. In both England and Wales, where the character of use would fall within this definition, a co-living space would be excluded from any of the Use Classes found within the Town and Country Planning (Use Classes) Order 1987, SI 1987/764 (UCO). It would not fall within any potentially relevant use classes within Part C of Sch 1 of the UCO, because Class C3 (Dwellinghouses), Class C4 (Houses in multiple occupation),
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Gibraltar is a territory of the UK. The position on enforcement (and also jurisdiction) requires consideration of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). CJJA 1982, s 39 provides that the regime for recognition and enforcement of judgments between the UK and Gibraltar, may, by Order in Council, correspond to the provisions in the Brussels Convention 1968, with such modifications as are considered appropriate. The relevant Order is the Civil Jurisdiction and Judgments
Q&As
See: • Practice Note: Commencing criminal proceedings—applying for the issue of a summons and • Practice Note: Drafting an information See the section entitled ‘Obtaining a summons from the court’ in the Practice Note entitled ‘Information, charge, requisition and summons’ which includes the information. Once the information has been laid before the magistrates' clerk the court may issue a summons under the Magistrates' Court Act 1980 (MCA 1980). The summons must specify each offence against the defendant. It must also contain a notice of when and where a defendant has to attend court. The
GLOSSARY
Describes the situation in which a scheme’s assets are insufficient to meet its liabilities.
PRACTICE NOTES
This Practice Note explains underground banking, its history, current usage and associated risks. It is aimed particularly at law firms caught by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 and the associated requirements to identify and assess risk, maintain policies, controls and procedures to manage those risks and report activity giving rise to suspicion of money laundering or terrorist financing. The Legal Sector Affinity Group (LSAG) published an Advisory Notice on Chinese underground banking and funds from China in March 2023. It highlights the risks posed in particular by Chinese underground banking and the expectations of the regulators in relation to effective due diligence and source of funds checks. What is underground banking? Underground banking is a broad term describing the provision of largely informal financial services, in particular money transfer, to personal and business customers, usually from within distinct ethnic groups. Underground banking is used in many communities and in diverse locations, but is most closely
PRACTICE NOTES
This Practice Note provides a detailed analysis of what underinsurance is, the principal causes, the remedies available to insurers where policyholders underinsure, and recent case law relevant to brokers’ duties. Introduction Underinsurance is one of the most persistent issues in UK property and business interruption (BI) insurance policies. The majority of policyholders insure for less than the full value of their assets and consequently expose themselves to substantial shortfalls should they need to make a claim. Despite its prevalence, there is very limited case law on underinsurance. Much of the legal framework derives from the Insurance Act 2015 (IA 2015), the Consumer Insurance (Disclosure and Representations) Act 2012 (CI(DR)A 2012), and older authorities on materiality and disclosure. For more information about IA 2015, see Practice Note: Insurance Act 2015 (IA 2015)—essentials and for more information about CI(DR)A 2012, see Practice Note: A guide to the Consumer Insurance (Disclosure and Representations) Act 2012. What is Underinsurance? Definition Underinsurance occurs where the sum insured or declared value is insufficient to meet the actual loss following damage. This can occur
GLOSSARY
A lease that takes effect under another lease.
PRECEDENTS
HM Land Registry Prescribed Clauses LR1. Date of the lease [date] LR2. Title Number[s] LR2.1 Landlord's title number[s] [title numbers out of which this underlease is granted (but leave blank if the Landlord’s title is unregistered)]LR2.2 Other title numbers [existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [[OPTION 1—name of Landlord (not an overseas entity)] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address]OR[OPTION 2—name of Landlord (overseas entity)] [incorporated OR formed] in [territory of incorporation/formation] (registration number [number]) [and registered at Companies House (company registration number BR[number])] (overseas entity ID [[number] OR not required]) whose registered office is at [address]] Tenant [[OPTION 1—name of Tenant (not an overseas entity)] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address]OR[OPTION 2—name of Tenant (overseas entity)] [incorporated OR formed] in [territory of incorporation/formation] (registration number [number]) [and registered at Companies House (company registration