Refine By
Clear all filter
About 91005 results for "*"
Q&As
Listed building consent was introduced to protect historic buildings of special interest and to allow alterations to those buildings within the limits of the special interest. 'Special interest' in this context is synonymous with 'significance'. Section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 provides that: 'No person shall execute or cause to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised.' Authorisation
Q&As
Chapter 2 of Part 8 of the Companies Act 2006 (CA 2006) deals with the requirement to keep a register of members. CA 2006, s 113 provides for this requirement and makes clear that there must be entered in the register the names and addresses of the members of the company, the date each was registered as a member, and the date each ceased to be a member, as well as various other matters, including their share capital. CA 2006, s 125 provides that if a company’s register of members does not include information
Q&As
A child arrangements order (CAO) is one made within private proceedings under section 8 of the Children Act 1989, setting out, primarily, who the child, or children, will live with and the contact arrangements with the other parent. This order will remain in force until a time specified within the order itself. If a party wishes to vary the order at any stage before it is supposed to end, then they can make a formal application to do so, which will then be listed for a directions hearing, whereby the parties will have an opportunity to reach an agreement and directions will be given. If an application is made to vary the CAO, the judge has the discretion to vary the order in any way they see fit, so they do not necessarily
Q&As
A non-molestation order is a protective order made by the family court that prevents a party from molesting another person with whom they are associated. The power derives from section 42 of the Family Law Act 1996 (FLA 1996), which confers a wide discretion upon the court as to the terms of the order. The categories of persons who can obtain a non-molestation order (ie associated persons) are set out in the FLA 1996. See Practice Note: Non-molestation orders. FLA 1996, s 42A(1) makes it a criminal offence to do anything prohibited by a non-molestation order without reasonable excuse. Non-molestation orders should not (particularly when made ex parte) be granted for an unlimited time but should contain a fixed end date. The order must also
Q&As
An application for a school fees order may be made by virtue of section 8(7) of the Child Support Act 1991 (CSA 1991), including as part of a free-standing application under Schedule 1 to the Children Act 1989 (ChA 1989), at any time regardless of the status of the maintenance calculation application. An order for top-up maintenance by virtue of CSA 1991, s 8(6) may only be made where a maintenance calculation is in force, the payer's weekly income exceeds the maximum amount and the court is satisfied the circumstances of the case make it appropriate. In other words, the maintenance calculation must pre-date the top-up order.
Q&As
Under Part II of the Landlord and Tenant Act 1987 (LTA 1987), the tenant of a flat contained in any premises consisting of the whole or part of a building that contains two or more flats, may, subject to the provisions of that Part, apply to the appropriate tribunal (which is the First-tier Tribunal (FTT)) for an order under LTA 1987, s 24 appointing a manager to act in relation to those premises. The procedure is that the tenant gives a preliminary notice under LTA 1987, s 22, and, after the expiration
Q&As
It would appear that the relevant Sponsor Guidance (eg, Workers and Temporary Workers—guidance for sponsors part 1: apply for a licence, Key personnel roles: eligibility and description, Manage your sponsorship licence: SMS guide 2 and Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance, How to report changes to your organisation) are silent on this point.  The Sponsor Change of Circumstances form only refers to adding ‘a’ level 1 user, and only includes boxes for information as regards nominating one new level 1 user. Also, it is normally the level 1 user’s responsibility to nominate further level 1 users on the Sponsor Management System, rather than using a Sponsor Change
Q&As
Under section 285 of the Insolvency Act 1986 (IA 1986), on the making of a bankruptcy order, no creditor of the bankrupt who has a provable claim can commence any claim, or exercise any remedy, against the bankrupt or their property without the court’s permission. This restriction does not affect the right of a secured creditor of the bankrupt to enforce their security (IA 1986, s 285(2)). For further reading, see Practice Note: What assets vest in the trustee in bankruptcy and what steps does the official receiver or trustee in bankruptcy need to take? Although connected, a distinction needs to be
Q&As
An application for a child arrangements order is governed by the Children Act 1989 (ChA 1989) and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. Such orders are made under ChA 1989, s 8. By ChA 1989, s 10(1), the court may make a section 8 order with respect to the child if an application has been made by a person who is entitled to apply for such an order or has obtained the permission of the court to make the application, or the court considers that the order should
Q&As
The query does not specify whether the father was married to the child’s mother and has acquired parental responsibility as a consequence. For the purpose of this reply it has been assumed that that is not the case and that the father does not have parental responsibility for the child. Proceedings for an application under the Children Act 1989 (ChA 1989) by a step-parent for a parental responsibility order and a child arrangements order are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 12 and the accompanying practice directions FPR 2010, PD
Q&As
Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.26(1)(b) provides in relation to an application for a consent order that each party must file with the court, and serve on the other party, a statement of information in the form referred to in FPR 2010, PD 5A, ie Form D81—Statement of information for a consent order in relation to a financial remedy. While Form D81 may be more commonly utilised on an application for a consent order making the initial substantive order, FPR 2010, SI 2010/2955, 9.26 relates to applications for consent orders for a financial remedy generally and does not state that there are exceptions to when a Form D81 is required.