A local authority must, in certain circumstances, hold a referendum under section 2 of the Local Government Act 2000 (LGA 2000) (on proposals for changes to arrangements for local governance before taking any steps to implement them. Such a referendum also may be held at a more local level under local government finance or local planning legislation (for example, to approve Council Tax increases

By section 81(1) of the Building Act 1984 (BA 1984), a local authority may give a notice to a person in connection with demolition works. There may be time limits for the service of such notices. They must state the nature of the works to be executed and the time limit for completion. BA 1984, s 82(1) sets out the permitted contents of a section 81(1) notice, for example requiring the recipient to

Local authorities and the police both have the power to remove abandoned vehicles from highways, however, the duties and powers differ depending on the public body and the circumstances in which the vehicle has been abandoned. Local Highways Authority’s duties and powers A County Council, in common with other Local Highways Authorities (LHAs), have a number of duties and powers in its capacity as LHA. This includes a general duty to prevent, as far as possible, the obstruction of highways pursuant to section 130(3) of the Highways Act 1980 (as amended) (HiA 1980). There is some debate as to the extent of this duty and what actions a LHA is required to take to discharge it, as the statute does not provide any instruction

Naming a school in section I of an EHC Plan Under Regulation 12(i) of the Special Educational Needs and Disability Regulations 2014, SI 2014/1530, an EHC Plan must set out ‘the name of the school… to be attended by the pupil and the type of that institution or, where the name of a school or other institution is not specified in the EHC Plan, the type of school or other institution to be attended by the child or young person (section I)’. Duties of local authorities in respect of EHC Plans Section 42(4) of the Children and Families Act 2014 (CFA 2014) provides that where an EHC Plan is maintained, the ‘local authority must secure the specified special educational provision for the child or young person’. The SEND Code of Practice 2015 (SEND COP 2015) paras 9.131–9.132 is also of relevance. It provides: ‘When an EHC plan is maintained for a child or

The Highways Act 1980 (HiA 1980) identifies specific types of obstruction of the highway or nuisance caused by the placing of objects or use of the highway. Offences in relation to each exist which may be avoided if a licence from the highway authority is sought and issued. Every highway authority has a statutory duty to assert and protect the rights of the public to the use and enjoyment of any highway in its area. To fulfil this duty, the authority has various statutory powers including but not limited

Under section 16A of the Road Traffic Regulation Act 1984 (RTRA 1984), a traffic authority can temporarily restrict or prohibit the use of a road by vehicles or pedestrians for the purposes of facilitating a sporting, social or entertainment event held on a road (the order can affect that road or any other road(s)). A traffic authority is generally the same as a highway authority, but see: RTRA 1984, s 121A and Practice Note: Road traffic—traffic regulation order procedure and notices. RTRA 1984, s 16A also allows a traffic authority to make an order to enable members of the public to watch a relevant event or to reduce the disruption to traffic which is likely to be caused by that event. Before making the order, the traffic authority must satisfy themselves that it is not reasonably practicable for the event to be held otherwise than on a road and must have regard

An administrator cannot dispose of an asset subject to a fixed charge without the consent of that charge holder or leave of the court. If no agreement is reached, the administrator must apply to the court under paragraph 71 of Schedule B1 to the Insolvency Act 1986 (IA 1986) for leave. If an asset subject to a fixed charge

This Q&A relates solely to fixed penalty notices (FPNs) issued in respect of breaches of abatement notices issued pursuant to section 80 of the Environmental Protection Act 1990 (EPA 1990). There are many other statutory powers that local authorities have to issue FPNs for other offences and the relevant legislation must be examined carefully: the Environmental Offences (Fixed Penalties) (England) Regulations 2017, SI 2017/1050 or the Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, SI 2018/171. Where a local authority (LA) is satisfied that a statutory nuisance exists, or is likely to recur, it

What is sub-security in the context of registered land? Sub-security in relation to registered land is a 'charge which charges with the payment of money, the indebtedness secured by the registered charge'. An example of where a sub-charge or 'sub-mortgage' may be appropriate is where a mortgagee grants a mortgage over its property to secure a sum borrowed from the mortgagee. The mortgagee then borrows a sum from a sub-chargee and grants security over the main mortgage to secure this sum. This would typically involve a sub-charge document under which the mortgagee would: • covenant to pay amounts owing to the sub-chargee • assign the principal debt to the sub-chargee (ie that owing by the mortgagee) • charge or assign the mortgagee's rights under the principal mortgage The precise effect of a sub-charge, however, will depend on the terms of the documentation which should be reviewed carefully. For an example of how sub-charges work, see chapter 25.2 of Fisher and Lightwood, Form of sub-mortgage. What

In answering this Q&A we have limited our research to cover police powers to obtain such evidence. Powers to obtain or compel a suspect to provide handwriting sample There are no specific provisions contained in the Police and Criminal Evidence Act 1984 (PACE 1984) which give the police the power to compel a person to provide a handwriting sample. Such a sample would fall outside the scope of an intimate (PACE 1984, s 62) or non-intimate (PACE 1984, s 63) sample for the purposes of PACE 1984. In practice, such evidence is likely to be secured by the police using their search and seizure powers under PACE 1984. The police would have the authority either through a warrant, by consent or pursuant to PACE 1984, s 19 to seize any

Highway Authorities have wide powers to deal with nuisance or obstructions caused by trees planted in or adjoining the highway as set out in Practice Note: Nuisance on highways. These powers include ordering the felling of trees or hedges which are dead, diseased, damaged or insecurely rooted and therefore likely to cause danger by falling onto a highway or other road or footpath to which the public has access under Part IX of the Highways Act 1980 (HA 1980), particularly HA 1980, s 154. There are also duties to deal with dangerous trees

Whether the powers under section 149 of the Highways Act 1980 (HiA 1980) and HiA 1980, s 137, can be used to remove a car parked on a highway that is being used for advertisement will depend on whether the requirements of each relevant section of HiA 1980 can be made out. HiA 1980, s 149(1) empowers a highway authority to serve notice requiring a person who deposited something on a highway constituting a nuisance, to remove it. If that person fails to comply with such notice, the highway authority can apply to the magistrates’ court for a removal and disposal order. HiA 1980, s 149(2) permits the highway authority to remove such a thing itself, if there are reasonable grounds for considering that the thing constitutes a danger to users of the highway