A highway is a way which any member of the public has the right to use at all seasons of the year. In terms of who is responsible for drainage on the highway, section 41 of the Highways Act 1980 (HiA 1980) provides that the highway authority is under a duty to maintain the highways that are maintainable at public expense. For local roads, the highways authority will be the relevant county council or metropolitan district council. It is the duty of the highway authority to maintain the road in such a state of

Section 5.5 of the Prospectus Rules (PRs) sets out the persons who are responsible for a prospectus. Shares PR 5.5.3 states that the following persons are responsible for the prospectus and any supplementary prospectus relating to shares: • the issuer • the directors of the issuer when the prospectus or any supplementary prospectus is published • each person who has authorised himself or herself to be named, and is named, in the prospectus or any supplementary prospectus as directors or as having agreed to become a director (whether immediately or in the future) • each person who is a senior executive of any external management company of the issuer • each person who accepts, and has stated their acceptance of, responsibility in the prospectus or any supplementary prospectus for, or for any part of, the prospectus or supplementary prospectus, and • any other person who has authorised the contents of, or any part of, the prospectus or any supplementary prospectus (for example, the reporting accountants

The Freedom of Information Act 2000 (FIA 2000) grants a right of access to information held by public authorities. Under this right, any person making a valid request for information to a public authority is entitled: • to be informed in writing by the public authority whether it holds the information requested, and • if that is the case, to have that information communicated to them As a result public authorities have a corresponding duty to confirm or deny in writing whether such information is held and if it is, to communicate that information to the applicant. The regime applies to ‘public authorities’, a term which is defined by FIA 2000 as any body which, any other person who, or the holder of any office which is: • listed in FIA 2000, Sch 1 • designated as such by an order of the Secretary of State, or • a publicly owned company This Practice Note examines who is caught by the regime. For more information on the topic generally, see Practice Notes:

We have assumed that the annulment application is made under section 282 of the Insolvency Act 1986. Where the annulment application is made by the bankrupt on the ground that the bankruptcy order ought not to have been made, the respondents will be the petitioning creditor, the official receiver (OR), and (if not the OR)

Competent landlord A section 25 notice to terminate a business tenancy must be served by a ‘competent landlord’, otherwise it will have no effect. See Practice Note: LTA 1954 business lease renewal—termination for more information regarding the 'competent landlord', ie the 'competent' landlord, for the purposes of the LTA 1954, is determined by identifying the superior interest which fulfils the following conditions: • the landlord is the owner of an interest in reversion expectant (whether immediately or not) on the termination of the tenancy, which will not come to an end within 14 months by effluxion of time • no notice (ie s 25 notice/s 26 request) has been given, which will end that interest within

For the purposes of this Q&A we have assumed that the subtenant is still in occupation of part and accordingly is entitled to protection under the Landlord and Tenant Act 1954 (LTA 1954) (subject to fulfilling the requirements under LTA 1954, s 23—see: LTA 1954 procedure—overview). A business tenancy may be terminated by service of a tenant's request for a new tenancy. To be effective the tenant's notice must be served on the competent landlord. The 'competent' landlord for the purposes of LTA 1954 (including the relevant party to serve a section 25 notice (LTA 1954, s 25) and/or participate in future court proceedings) is determined by identifying the superior interest which fulfils the following conditions: • the landlord is the owner of an interest in reversion expectant (whether immediately or not) on the termination of the tenancy,

The Data Protection Act 1998 (DPA 1998), provides that a data processor is any person, other than an employee of the data controller, who processes personal data on behalf of the data controller. The term ‘processing’ implies technical tasks, such as data storage, retrieval or erasure. The data processor, by contrast, makes overarching decisions as to the purpose for which the personal data is processed. This distinction is not absolute and there are some tasks that can be performed by the controller or the processor. According to the ICO, a data processor would usually decide: • what

A beneficiary of a bare trust or a trust for life is treated as the purchaser for the purposes of the higher rates (see Sch 4ZA, Pt 3, paras 10–11 of the Finance Act 2003 (FA 2003)). If

Under section 40 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), ‘the competent landlord’ is the first landlord above the interest of the tenant with sufficient reversion to be able to grant a lease for an additional 90 years in addition to the tenant’s existing lease. The competent landlord should have conduct for the claim on behalf of the other landlords but do bear in mind that a Notice of Separate Representation may have been served. See Practice Note: Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993 and Commentary: Meaning of 'the landlord': Halsbury's Laws of England [1442]. No specific reference is made in LRHUDA

The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 8.8(4) states that where an application for an interim order in connection with an individual voluntary arrangement (IVA) is made: ‘The applicant must deliver a notice of the hearing and the venue at least two business days before the hearing to— (a) the nominee; (b) the debtor, the official receiver or the trustee (whichever is not the applicant) where the debtor is an undischarged bankrupt; and (c) any creditor who (to the debtor's knowledge)

THIS PRACTICE NOTE APPLIES TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES The importance of identifying a scheme’s statutory employer(s) A key aspect of the law relating to occupational pension schemes (and particularly defined benefit (DB) schemes) is that the primary responsibility for supporting such pension schemes rests with their sponsoring employers. An employer may have left the scheme in the past without discharging their liabilities to the scheme, in which case they may be a ‘statutory employer’ of the scheme even if they are no longer a participating employer. The registered pension scheme regime imposes a variety of specific duties upon persons who can be classified as ‘statutory employers’, a concept inherited from the earlier tax exempt approval regime in force prior to A-day (for further information on the pre A-day regime, see The pre A-day pensions tax regime [Archived]). Those duties will usually be wider than those imposed on a participating employer under the trust deed and rules of the scheme. For instance, scheme rules rarely impose an obligation to pay a buy-out deficit

Rules 8.24 and 8.26 of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) set out requirements for independent judges and observers in the preparation and management of promotional campaigns. Rule 8.24 states: ‘Promoters of prize draws must ensure that prizes are awarded in accordance with the laws of chance and, unless winners are selected by a computer process that produces verifiably random results, by an independent person, or under the supervision of an independent person.’ Rule 8.26 says: ‘In competitions, if the selection of a winning entry is open to subjective interpretation, an independent judge, or a panel that includes one independent member must be appointed. In either case, the judge or panel member must be demonstrably independent, especially from the competition's promoters and intermediaries and from the pool of entrants from which the eventual winner is picked. Those appointed to act as judges should be competent to judge the competition and their full names must be made available on