In conducting our research we have focused on the definition of undertaking under health and safety legislation and case law specifically under section 3 of the Health and Safety at Work etc Act 1974 (HSWA 1974). Note that a completely different definition of ‘undertaking’ exists under section 1161(1) of the Companies Act 2006 for the purposes of the CRC Energy efficiency Scheme which is not considered in this answer. Employers have a duty under HSWA 1974, s 3 to conduct their ‘undertaking’ in such a way to ensure, so far as is reasonably practicable, that persons not in their employment who may be affected are not exposed to health and safety risks. Whether a particular activity is part of the conduct of the undertaking is determined by the facts of each case and whether a particular activity is part of the conduct of an employer's undertaking is a matter

Maladministration Maladministration generally involves a complaint to the relevant ombudsman that a public body has acted inappropriately in the exercise of its public duty. For commentary in a Local Government context, see our Lexis+® UK Local Government Practice Note: Maladministration—investigations and reports which discusses investigations and reports relating to maladministration, noting that under the Local Government Act 1974 (LGA 1974), the Local Government Ombudsman has the same powers as the High Court with respect to the attendance and examination of witnesses and the production of documents. It discusses issues such as outcomes of investigations, whom should receive a copy of the draft report before its publication, and what happens if the ombudsman decides that it is not in the public interest to publicise a report. Also see Practice Note: Maladministration—complaints, which explains that the Local Government

What is the difference between 'rooflights' and 'outer roof sheets'? A roof light is a window panel built into a roof to admit light. An outer roof sheet is a sheet, or several interlocking sheets, of material which together make the weatherproof outer layer of a roof. In modern buildings roof sheets are sometimes one large sheet making an architecturally interesting roof. In basic shelters they might comprise of a tarpaulin or interlocking corrugated iron sheets. Is there authority for either landlords or tenants previously been held responsible for their repair? The starting point is to identify the extent of the repairing covenant in the lease. The covenant will either be an express covenant, or in the case of short leases (a fixed term of less than seven years or periodic tenancy regardless to how long it has been periodic) be implied by operation of law. The principal

Listed Items are commonly included within the JCT suite of building contracts and defined as ‘Materials, goods and/or items prefabricated for inclusion in the works which are listed as such items by the employer in a list supplied to the contractor and annexed to the employer’s requirements’. The importance of Listed Items is that the contractor will be entitled to payment for these while they are stored offsite (ie prior to incorporation into the works) provided that certain conditions have been met—see for example clause 4.15 of the

What are Bullock and Sanderson orders? When the English Court decides to make a costs order, it will start with the general rule that costs 'follow the event', ie the losing party will pay the successful party's costs (CPR 44.2(2)(a)). However, the court is not bound to apply the general rule and can, if it considers it appropriate, make a different order (CPR 44.2(2)(b)). Bullock and Sanderson costs orders arise out of a specific set of circumstances, namely where the claimant makes claims, in either contract or tort, against two separate defendants and is successful against one defendant, but unsuccessful against the other. In these particular circumstances, the court has discretion to order the unsuccessful defendant to pay the successful defendant's costs. This discretion can be exercised by the court in one of two ways:

A charitable incorporated organisation (CIO) is a form of legal entity that is only available to charities. A CIO is an incorporated entity with its own legal personality (meaning that it can enter into contracts in its own name), is a 'body corporate' (but not a company), has trustees who are protected from liability in most circumstances, may or may not have members (who have limited or no liability), and has to be registered with the Charity Commission (not with Companies House). A CIO only comes into existence once it has been registered by the Charity Commission. The CIO form was created in response to requests for a more appropriate legal structure for charities that want to operate using an incorporated

We have not been able to find any authority explaining the difference between a charity established by Royal Charter and a charity regulated by Royal Charter. Assuming that no such authority exists,

The Supplier shall The terms of a contract define the existence and scope of the parties’ respective rights and obligations to one another. A contractual term is a statement that amounts to a promise or undertaking and forms part of a contract. The terminology in contractual clauses (such as the ‘shall’ obligation) is significant. ‘Shall’ is an absolute obligation to perform a given activity. Any deviation from an absolute obligation is normally the result of considerable negotiation and often represents a compromise where one party has argued that it is not reasonable for it to be placed under an absolute obligation. The terms 'best endeavours', 'all reasonable endeavours' and 'reasonable endeavours' are frequently used

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 made changes to the terminology used in relation to proceedings for financial provision. The term 'ancillary relief' is not referred to in the rules and is no longer used, although it is still referred to in some primary legislation. It has been replaced by 'financial orders'. FPR 2010, SI 2010/2955 also refer to 'financial remedies'. This Q&A considers the differences between a financial order and financial remedies and the implications of the distinction. What is a financial order? The term 'financial order' includes: • an avoidance of disposition order • an order for maintenance pending suit or an order for maintenance pending outcome of proceedings, see Practice Note: Procedure for maintenance pending suit • an order for periodical payments or lump sum provision (as mentioned in section 21(1) of the Matrimonial Causes Act 1973 (MCA 1973), excluding an order under MCA 1973, s 27(6), ie as to neglect to maintain) • an order for periodical payments or lump sum provision (under

Two distinct statutory concepts govern holding and subsidiary company relationships. The definition of 'parent and subsidiary undertaking' is the basis for consolidated accounts for groups of companies. This is to be distinguished from the general definition of holding and subsidiary company used elsewhere in the Companies Acts, other legislation, and in contracts. Holding and subsidiary companies The term 'company' in the Companies Act 2006 (CA 2006), s 1159 (ie both as to holding and subsidiary companies) includes any body corporate (CA 2006, s 1159(4)). It does not, therefore, have the wide reach of the term 'undertaking'. It does, however, include sub-subsidiaries. CA 2006, s 1159(1) defines a company as a ‘subsidiary’ of another company, its ‘holding company’, if that other company: • holds a majority of the voting rights in it, or • is a member of it and has the right to appoint or remove a majority of its board of directors, or • is a member of it and controls alone, pursuant to an agreement

The current laws on data protection do not distinguish between a single data controller and a pool of them. Pools of data controllers (controllers) may exist, and if they do, then the question arises as to how they make decisions about determining the purposes for which and the manner in which any personal data are, or are to be processed. The definition of controller contains the wording that pools of controllers

What is a local authority? A local authority (LA) is the general term we use to describe an administrative body in local government. The term ‘local authority’ was introduced to statute by the Local Government Act 1972 (LGA 1972). By LGA 1972, s 18: ‘Schedule 3 to this Act shall have effect with respect to the division of non-metropolitan counties into districts, the establishment of the new local authorities in England, the suspension of elections of members of existing local authorities there and related matters.’ LGA