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Traditionally, company law has not sought to be overly prescriptive in relation to the applicable procedures for appointing directors. This reflects a historical view that such appointments are an internal matter for a company. Provisions for the appointment of directors post-incorporation are usually contained in a company’s articles of association. In the absence of any default or bespoke provision regarding director appointment in the articles of association, it would seem sensible going forward for the company to amend its articles
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The Workplace (Health, Safety and Welfare) Regulations 1992 (Workplace Regulations 1992), SI 1992/3004, reg 20 provides (among other things) that separate rooms containing conveniences must be provided for men and women, except where and so far as each convenience is in a separate room, the door of which is capable of being secured from inside. Similar provisions can be found in
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The Money Laundering Regulations 2017 (MLR 2017), SI 2017/692, apply to 'relevant persons', which includes independent legal professionals, acting in the course of business carried on by them in the UK who do not benefit from the very narrowly-drawn exclusions in MLR 2017, SI 2017/692, reg 15. For the purposes of MLR 2017, SI 2017/692, an 'independent legal professional' is a firm or sole practitioner who by way of business provides legal or notarial services to other persons when participating in (ie assisting in the planning or execution of transactions or otherwise acts for or on behalf of a client) financial or real property transactions concerning: • buying and selling of real property or business entities • managing client money (this is narrower than handling it),
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This Q&A relates to circumstances from 1 January 2021, following the end of the Brexit implementation period. For the purposes of this answer, we have focused on the position under the General Data Protection Regulation, Regulation (EU) 2016/679 ( EU GDPR) (rather than UK GDPR, as described below). International transfers of personal data is one of the topics under the EU GDPR that is currently most lacking in detailed, definitive guidance at a pan-EU level. The European Data Protection Board (EDPB) is still finalising detailed guidance on international transfers
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Please note that monographs also exist for herbal medicinal products (ie herbal monographs) which are not specifically referenced as considered outside the scope of this reply (and our content). Regulation 251 of the Human Medicines Regulations (HMRs 2012), SI 2012/1916 deals with medicinal product compliance with standards ‘specified in certain publications’. The regulation’s reference to monographs refers to drug ‘monographs’ (ie pharmacopoeial monographs) which, although is not defined in the statute, does refer to a term of art for medicinal products. Monographs refer to a written document that contains all of the information about a specific drug, such as its uses, doses, medicinal forms, warnings/safety issues, side-effects and other information, which the British Pharmacopoeia Commission devises and the British National Formulary (BNF) will publish (see: NICE’s BNF website for a definition and monograph listings and the British Pharmacopoeia website for ‘Contribute to monograph development and improvement’) in the UK. In the EU, the European Pharmacopoeia Commission devises monographs with publication in the Official
Q&As
What is the definition of a private, unadopted sewer? ‘Sewer’ includes all sewers and drains (not being within the definition of ‘drain’) which are used for the drainage of buildings and yards appurtenant to buildings. See section 219 of the Water Industry Act 1991 (WIA 1991) and Practice Note: Sewers and drains—key definitions, in particular sections ‘Sewers and drains—key definitions—Sewers’ and ‘Sewers and drains—key definitions—Drains’. ‘Private sewers’ are defined in the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011, SI 2011/1566, reg 2 as the whole or part of a foul, combined or surface water private sewer, but does not include a highway drain or sewer. How can you identify public sewers? A ‘public sewer’
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Section 32 of the Communications Act 2003 (CA 2003) contains definitions of 'electronic communications service' (ECN) and 'electronic communications network' (ECS) which are (broadly) the terms used to describe telecoms services and networks. What constitutes a provider of an ECN or ECS is set out in CA 2003, s 32(4). The definition under which an entity will fall depends upon the activities undertaken by them. It is possible for an entity to provide both an ECN and an ECS. This same definition is also adopted by Ofcom in its General Conditions of Entitlement (GCs), as the GCs refer to 'Communications Provider' as a person who, within the meaning of CA 2003, s 32(4) provides an ECN or ECS. Note that Directive (EU) 2018/1972 (the European Electronic Communications Code (EECC)), from which the provisions of CA 2003 are drawn, also contains definitions of ECN, ECS and a provider of the same. The definitions referred to above are set out below. CA 2003, s 32(1) defines an ECN as: '(a) a transmission
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Help to buy ISAs were introduced from Autumn 2015 as a tax-free cash account aimed at encouraging first-time buyers to save for a UK residential property. As well as receiving interest on the balance tax-free, the government will supplement the amount saved with a 25% bonus (up to a maximum of £3,000) when the property is purchased. To qualify, first the individual must be a qualifying individual as defined by Individual Savings Account Regulations 1998, SI 1998/1870,
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The C3 use class, which a dwelling house falls under, is defined in the Town and Country Planning (Use Classes) Order 1987, SI 1987/764. In England, it is defined as ‘use as a dwellinghouse (whether or not as a sole or main residence) by: • a single person or by people to be regarded as forming a single household • not more than six residents living together as a single household where care is provided for residents, or • not
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Section 102B of the Finance Act 1986 (FA 1986) governs the treatment of the disposal by an individual of an undivided share in land for the purpose of considering whether the same amounts to a gift with reservation of benefit. In essence, it is not permissible for a person to give away property whilst still enjoying possession and enjoyment, for the purpose of a gift or potentially exempt transfer for inheritance tax purposes. An ‘undivided share’ is governed by section 34 of the Law of Property
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Section 1159 of the Companies Act 2006 (CA 2006), for the purposes of defining a ‘subsidiary’, states that ‘...”company” includes any body corporate’. CA 2006, s 1173 in turn states that: '"body corporate" and "corporation" include a body incorporated outside the United Kingdom, but do not include: • a corporation sole, or • a partnership that, whether or not a legal person, is not regarded as a body corporate under the law by which it is governed' A corporation may be defined as a body of persons (in the case of a corporation aggregate) or an office (in the case of a corporation sole) which is recognised by the law as having a personality which is distinct from the separate personalities of the members of the body or the personality of the
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Civil proceedings before a magistrates’ court are commenced by making a complaint for an order. This jurisdiction rests entirely on the statute giving rise to the power to recover a sum of money on complaint, see LCC v Betts. The complaint procedure is laid down in sections 51–57A of the Magistrates’ Courts Act 1980 (MCA 1980) and the Magistrates’ Courts Rules 1981 (MCR 1981), SI 1981/552, rr 4, 14, 16, 34. A magistrates’ court has power to make an order on complaint for costs, see MCA 1980, s 64. This section has effect subject to any other Act enabling a magistrates’ court to order a successful party to pay the other party’s costs on the hearing of a complaint. This discretion includes the power, on making the order for which the complaint is made, to order costs to be