The arrangements are those permitted by way of Part II (Contracting Out) of the Deregulation and Contracting Out Act 1994 (DCOA 1994). DCOA 1994, s 70(2) provides that ‘if a minister by order so provides, a function to which this section applies may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the local authority whose function it is’. The effect of this section is set out in DCOA 1994, s 72 which provides that the exercise of a function shall be treated for all purposes as done by or in relation

This Q&A assumes that the powers of attorney granted by E and S are both ordinary powers of attorney. Rule 31(a) of the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 provides that where a person entitled to a grant as executor or administrator so wishes, administration may be granted to their lawfully constituted attorney for the use and benefit of the person entitled. The properly appointed attorney has the same status and powers as the donor of the power. If the donor dies, the grant ceases to be operative, as will be the case if the attorney dies. Where the donor was an executor, no chain of

A landlord seeking to end an assured tenancy of a residential flat due to the building being unsafe and requiring substantial work could seek to rely on grounds for possession contained in Schedule 2 of the Housing Act 1988 (HA 1988) and using the procedure set out in HA 1988, s 8. The grounds for possession in HA 1988, Sch 2 are either mandatory, meaning that a possession order must be made if the landlord makes out the ground for possession, or discretionary, where a possession order will only be made if the court considers it reasonable to do so. HA

Unfortunately, we do not have any letters of claim suitable for the purposes of this Q&A. However, this Q&A covers the below information on civil injunctions which may be useful. The Protection from Harassment Act 1997 (PHA 1997) creates a general prohibition on conduct amounting to harassment. It contains no definition of harassment. However, it is defined by reference to the person whose course of conduct is in question, knowing that such conduct amounts to harassment of another. A person is deemed to know that such conduct amounts to harassment if a reasonable person in possession of the same information would think the course amounted to harassment. There are six criminal offences and a civil tort under PHA 1997: • harassment—summary only, maximum six months' imprisonment and/or a fine not exceeding level five • fear of violence—either way, maximum five years' imprisonment and/or a fine on indictment; as above summarily • stalking—summary only, maximum 51 weeks imprisonment

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit

For guidance on how the standard disclosure list in Form N265 should be prepared, see Precedent: List of documents—standard

Local authorities are required under legislation to recover the full cost of their provision of residential accommodation. Charging provisions are applied on a means tested basis, the provisions for which can be found in the supplemental regulations to the National Assistance Act 1948 and in the detailed guidance of the Charging for Residential Accommodation Guide 2014 (CRAG). Where an individual has insufficient income and capital, excluding their property, to meet their care home fees, the local authority may enter into a deferred payments arrangement, pursuant to the Health and Social Care Act 2001, s 55— Power for local authorities to take charges. The guidance on deferred payments is in paragraphs 7.024–7.025 of the CRAG and includes a draft agreement that councils may consider using or adapting when putting in place deferred payment agreements. Although this agreement has been archived it is a helpful illustration, pending the potential release of a further draft

Handling stolen goods This Q&A covers the offence of handling stolen goods and the offence under section 22 of the Theft Act 1968. It also considers the guidance published by the Sentencing Council on handling stolen goods and on reported case law from the Court of Appeal Criminal Division, as cases before the Magistrates’ and Crown Court are not formally reported. There is also additional consideration of offences which may be committed in connection with handling stolen goods, and how these may be treated for sentencing purposes. Following summary conviction, the maximum penalty is six months’ imprisonment or a fine or both. For trial on indictment, the maximum penalty is 14 years’ imprisonment. The sentencing guidelines derive from the Court of Appeal’s decision in R v Webbe with an increasing scale for sophisticated or professional offences. For further information on the offence,

It is commonly the case that where, in financial remedy proceedings, one of the assets is an interest in a limited company, the court will direct a valuation of that interest. Sometimes it will be straightforward to calculate the value of a business, such as a one-person incorporated trading entity, where there is no intrinsic value to the company and a formal valuation is not required with the accounts providing the information necessary. However, for a larger business or one that involves multiple shareholders or a minority shareholding, it will usually be necessary for the court to appoint a forensic accountant to conduct a valuation. The application is made using the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18 procedure and it is ordinarily necessary to include the details and CVs of suggested experts, to enable the court to make a determination. The findings of the

Eligibility and selection in public procurement Contracting authorities conducting a public procurement exercise under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 may only select or exclude potential bidders by applying appropriate criteria in accordance with PCR 2015, SI 2015/102. In terms of exclusion criteria, potential suppliers may be excluded from participation in a public procurement exercise if they trigger certain exclusion grounds, or if they fail to meet certain minimum conditions for participation relating to their economic and financial standing and/or technical and professional ability. Ordinarily, suitability may be determined by asking potential suppliers a series of pre-qualification questions. Other than in an open procedure, contracting authorities may run a pre-selection stage in the procurement exercise using a selection questionnaire, and select a limited number of bidders to participate. For background reading, see Practice Note: Introduction to public contracts procurement—pre PA 2023 [Archived], in particular section: Supplier suitability assessment. Bidders are required to self-declare that exclusion grounds do not apply. Means of proof and verification

The answer to this Q&A relates to an above threshold procurement exercise conducted subject to the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. The first point to note is that, insofar as this issue is concerned, the end of the Brexit transition period at 11 pm on 31 December 2020 does not impact on the rules and best practices in question. For further reading on the Brexit impact, see Practice Note: What does IP completion day mean for Local Government? [Archived] For recent analysis, see News Analysis: Brexit—the end of public procurement rules or business as usual? That said, the UK Government published a Green Paper in December 2020 entitled 'Transforming Public Procurement', which promises to radically change the procurement landscape in the UK. The first paragraph of its Executive Summary gives a flavour of the path down which the government wishes to travel: 'The proposals in this Green Paper are intended to shape the future of public procurement in this country for many

The notice of reference which must be sent to the Upper Tribunal (Lands Chamber), and related guidance, can be obtained here. We refer you to the following information which you may find useful for your purposes. Those whose property interests are affected by a compulsory purchase order have a right to compensation, eg for the market value of the property interest, a reduction in value of any retained land and professional fees for settling compensation. The right to compensation extends against the Crown. The general principle of compensation for compulsory purchase is that the claimant should be no worse or better off in financial terms following the acquisition. The assessment of compensation will take into account the value of the property, disregarding the influence of the compulsory purchase order and the value of related effects. The amount of compensation cannot exceed the total financial loss. The claimant has a duty to mitigate its loss. There