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The What is the lay of the land for e-scooters in 2026? blog, written by APIL president Matthew Tuff, highlights the ongoing uncertainty surrounding e-scooter regulation in the UK. The government has extended rental trials until May 2028 under its Road Safety Strategy to build an evidence base for future legislation, while private e-scooters remain legal to purchase but illegal to use on public roads. Despite widespread use and police enforcement through confiscations, promised regulatory reforms have stalled since 2022.
Q&As
In this Q&A, we have assumed that you are referring to a trust for sale. This type of trust would contain a direction for the trustees to sell the land, with power
Q&As
In terms of statutory definitions, section 328 of the Highways Act 1980 (HiA 1980) deals with the meaning of 'highway' (added emphasis): ‘(1) In this Act, except where the context otherwise requires, “highway” means the whole or a part of a highway other than a ferry or waterway. (2) Where a highway passes over a bridge or through a tunnel, that bridge or tunnel is to be taken for the purposes of this Act to be a part of the highway. (3) In this Act, “highway maintainable at the public expense” and any other expression defined by reference to a highway is to be construed in accordance with the foregoing provisions of this section.’ However, the Highways Act(s) do not provide a definition
Q&As
While the Office of the Public Guirdian (OPG) guidance note: Public Guardian practice note: gifts is stated to be up to date to May 2016, other government guidance on this issue has recently been archived. See:
Q&As
A will may be altered by making a variation of the will after death (eg by deed of variation). The effect of such a variation is to redirect an inherited interest elsewhere, so that assets no longer form part of the beneficiary’s estate. One of the reasons for making a variation is to obtain relief from IHT in certain circumstances. Severance of a joint tenancy by deed of variation If a deed of variation redirects an asset held by the deceased and another person as joint tenants, it will be necessary for the joint tenancy to be severed in order to redirect that property. The beneficial interest will be severed, but not the legal ownership of the land. For more information,
Q&As
What does it mean to repeal legislation? To repeal a piece of legislation revokes or rescinds it wholly or in part. The word ‘repeal’ is used for primary legislation. The word ‘revoke’ is used to similar effect for delegated legislation. Repeal of legislation is usually made expressly, but can also be implied. A repeal can only be made by an instrument with power to override the relevant legislation. Depending on the circumstances, this may be: • primary legislation • delegated legislation • devolved legislation Legislative provisions may be impliedly repealed by inconsistent provisions introduced in later legislation. The doctrine of implied repeal is subject to: • a general presumption against implied repeal • a strong presumption against implied repeal where general provisions are introduced covering a situation for which specific provisions are already made in earlier legislation There is also doubt that a constitutional statute can ever be impliedly repealed. For recent judicial consideration of
Q&As
HM Treasury, through the Office of Financial Sanctions Implementation (OFSI) has broad powers to request such information as it may reasonably require and that you may possess. OFSI’s powers to request information are contained in the legislation underpinning each particular financial sanctions regime—see Practice Note: UK sanctions regimes currently in force. Every year OFSI carries out a frozen assets reporting exercise that requires everyone who holds or controls funds or economic resources belonging to, owned, held or controlled by a designated person, to provide a report with the details of these assets. This exercise covers assets subject to freezing under UK financial sanctions, including funds frozen in the UK and
Q&As
Contractual insurer A claim arising out of a road traffic accident (RTA) can be brought directly against an insurer without claiming against the insured person under the European Communities (Rights against Insurers) Regulations 2002 (EC(RAI)R 2002), SI 2002/3061, reg 3. The right to issue directly arises as a result of the insurer’s contractual relationship as indemnifier. EC(RAI)R 2002, SI 2002/3061, reg 3 provides that an insurer ‘shall be directly liable’ to the claimant who has a cause of action against ‘an insured person in tort’. An ‘insured person’ is defined as a person insured under a policy of insurance. However, by virtue of EC(RAI)R 2002, SI 2002/3061, reg
Q&As
‘Adjoining’ is not defined in the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596. Whether temporary buildings and structures adjoin land will depend on the specific circumstances, which we are unable to advise on. Although a full case law search is beyond the scope of this service, you may find the following cases helpful: • R on the Application of Corbett v The Cornwall Council , where Mrs Justice Jefford found that the phrase ‘immediately adjoining’ had to be ‘given a sensible meaning which included “next to” to “very near” and whether the site fell within that meaning and was sufficiently “next to” or “very near” then involved an exercise of planning judgment.’ • This was further elaborated on by the Court of
Q&As
The term 'non dispensing pharmacy' is not defined in the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, SI 2020/1374. The main statutory provisions relating to pharmacists, pharmacy technicians and pharmacies are contained in Part IV of the Medicines Act 1968 (MA 1968) and the Pharmacy Order 2010, SI 2010/231. 'Pharmacy' is a protected title in legislation. To protect public safety, it is an offence to use the term 'pharmacy' in respect of a retail business that is not a registered pharmacy (or the pharmacy department of a hospital or health centre). MA 1968, s 78 prohibits the use of the titles: • chemist • druggist • dispensing chemist • dispensing
Q&As
What is the definition of a library? After a thorough search of our resources we have not been able to find a definition of a library. Libraries have existed for thousands of years however in the United Kingdom the first legislation in relation to public libraries was the Public Libraries Act 1850. The current legislation governing libraries is the Public Libraries and Museums Act 1964 (PLMA 1964). There is no formal legal definition of the word 'library' however, see PLMA 1964, s 25 which defines the following: • '“library area” has the meaning assigned to it by section 4(2) of this Act, section 4(2) states that: ◦ The functions of a library authority as such shall be exercisable within an area (in this Act referred to as a “library area”) consisting of the administrative area of the authority, or ◦ in the case of a joint board established under
Q&As
‘Minerals’ is expressly defined for the purposes of certain statutes. In the Mines (Working Facilities and Support) Act 1966 (M(WFS)A 1966), ‘minerals’ includes all minerals and substances in or under land obtainable by underground or by surface working, and references to working minerals include references to working, carrying away, treating and converting minerals. The Town and Country Planning Act 1990 states that ‘minerals’ includes all [substances] of a kind ordinarily worked for removal by underground or surface working, except that it does not include