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Q&As
Certain regulators have specific powers to compel witnesses to give statements during investigations. These are statutory powers which can be used during an investigation into suspected offences and the witness is compelled to attend the interview to answer questions or to provide information. However, as these are powers to compel and the witness has no right of silence as they would do in an interview under caution, there are statutory safeguards restricting the use of any information obtained from the compulsory interview powers. The contents of the interviews cannot be used in evidence against the maker in their subsequent criminal trial unless: • the trial is a prosecution for an offence of providing false or misleading statements in the interview • the interviewee is prosecuted for a different offence
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The Flood and Water Management Act 2010 (FWMA 2010) provides that the Environment Agency is the overseeing body in relation to shoreline management plans and flood and erosion risk management. The Coast Protection Act 1949 (CPA 1949) establishes coast protection authorities within local authorities, and gives them powers to protect land against coastal erosion. This includes the power to control activities on the coast such as the construction of private defences. By CPA 1949, s 16 any person who carries out any coast protection work other than work of maintenance or repair, without the consent in writing of the relevant coast protection authority, commits a criminal offence. 'Coast protection work' means by virtue of CPA 1949, s 49 anything done to construct, alter, repair, maintain or remove works; anything done for the purpose of maintaining or restoring natural processes; or planting vegetation, for the purpose of managing a coastal erosion risk within
Q&As
There does not appear to be any authoritative commentary regarding the scope of the Secretary of State’s (SoS) power under the section 100 of Town and Country Planning Act 1990 (TCPA 1990), to modify or revoke planning permission. The issue has been glossed over during parliamentary debates in 1998 and 2006, from which it appears that: • put simply, the power enables the SoS to take action to revoke or modify a planning permission, after following the procedures specified in TCPA, s 100 • the SoS should only use the power in exceptional circumstances, ie where the original
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The family courts are limited in terms of the orders that can be made without the consent of both parties prior to a final hearing. The courts powers in any event are limited to those set out in the Matrimonial Causes Act 1973 (MCA 1973), which include provision for an order for sale. The court can make consequential provisions, which conventionally include provision for the property to be sold at the best price reasonably obtainable, or at such price as the estate agents provide, or such price as is agreed or in default fixed by the court. However
Q&As
Authorisation for the use of the power of dispersal Section 34 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) provides that a police officer of at least the rank of inspector may authorise, in writing and giving their reasons, the use of dispersal powers: • by designated uniformed officers • in a specific locality • for a specified period of up to 48 hours They must be satisfied, on reasonable grounds, that use of those powers for that period may be necessary to remove or reduce the likelihood of the public being harassed, alarmed or distressed, or the occurrence of crime or disorder in that locality. The inspector ‘must have particular regard to the rights of freedom of expression and freedom of assembly’ given effect by the Human Rights Act 1998. Part 2.3 of Home Office Statutory Guidance: Anti-social Behaviour,
Q&As
The Environment Agency’s powers of entry and investigation are conferred by section 108 of the Environment Act 1995 and should be conducted in accordance
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A helpful definition of child exploitation was set out by Cobb J in Rotherham MBC v M (at para [9]): '...when a young person (or a third person or persons) receives a reward—which can be food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money—in return for performing, and/or others performing on them, sexual activities. In all cases, those exploiting the child/young person have power over them by virtue of their age, gender, intellect, physical strength and/or economic or other resources. Violence, coercion and intimidation are common, involvement in exploitative relationships being characterised in the main by the child or young person's limited availability of choice resulting from their social/economic
Q&As
Limited companies Where the deceased was a company director, this appointment ceases on death and the executors do not obtain the management powers of a director. Any shareholding will, however, vest in the executors. The extent to which the executors can then control or influence the management of the company will depend on what rights they have as a matter of company law and the company’s articles of association. The detail of that subject is outside the scope of this Q&A. Unlimited partnerships Where the deceased was a partner in an unlimited partnership within the meaning of the Partnership Act 1890 (PA 1890), the position will depend on the terms of the partnership agreement (if any). However, the default position under PA 1890, ss 33 and 43 is that the partnership will be dissolved on the death of one of the partners and that the
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A qualifying tenant of a long leasehold house and any attendant premises (eg a garden, garage, yard, etc) who has owned the property for at least two years has a statutory right under the Leasehold Reform Act 1967 (LRA 1967) to acquire the freehold (and any intermediate leasehold interests). Where the right to enfranchise has been established and the house and any attendant premises are being transferred by the landlord to the tenant in accordance with LRA 1967, s 8, it is necessary to deal with the rights that need to be
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ICO’s approach in light of coronavirus (COVID-19) On 15 April 2020, the UK’s supervisory body for data protection, the Information Commissioner’s Office (ICO) issued a statement and document setting out how it shall be adjusting its regulatory approach during the current coronavirus (COVID-19) pandemic, with a focus on safeguarding information rights in an ‘empathetic and pragmatic way’ as a result of: • staff and capacity shortages organisations are facing, with furloughed employees • acute financial pressures that
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It is the chair's duty to keep order at a general meeting. The rights of those in attendance to speak and ask questions must be balanced against the need for an effective and purposeful meeting. For further information on the right to speak and ask questions at a meeting see Q&A: Who can speak and ask questions at a general meeting? Practical measures to maintain order may include: • holding separate discussions for a particular group of dissenters (assuming the grievance being aired is not relevant to the main business of the meeting). However it is essential that the chair or other directors communicate any such strategies
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Partnerships/sole traders A partnership is usually the relationship which subsists between 'persons carrying on a business in common with a view to profit' (section 1 of the Partnership Act 1890 (PA 1890)). A partnership is dissolved by death, subject to any contrary agreement, see PA 1890, s 33. For a Partnership Agreement that sets out terms to enable the partnership to continue following the death of a partner, see Precedent: Partnership agreement. See generally Practice Note: The nature of a general partnership and its legal framework. A sole trader is an unincorporated