Commercial Agents Regulations 1993, SI 1993/3053, reg 2(1) provides that a 'commercial agent' is: a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person (the 'principal'), or to negotiate and conclude the sale or purchase of goods on behalf of and in the name of that principal… (our emphasis)' The Department of Trade and Industry (now Department for Business, Innovation & Skills’ (BIS)) issued a Guidance note on the regulations which states that: '"Goods" clearly has to be interpreted in accordance with the EC Treaty and, for that reason, the

We note that Schedule 7 to the Water Industry Act 1991 (WIA 1991) was repealed by section 58(9) of the Water Act 2003 (WA 2003). However, the WA 2003 and WIA 1991 still refer to relevant pre-1985 arrangements which were defined by the now repealed WIA 1991, s 91 as: ‘...arrangements in pursuance of which a scheme for increasing the fluoride content of water was being operated by a water undertaker by virtue of paragraph 1 of Schedule 7 to this Act immediately before the appointed day.’ In order to satisfy this definition, an arrangement would have to have been agreed

The Non-Contentious Probate Rules 1987, SI 1987/2024, r 44(1), which states: ‘Any person who wishes to show cause against the sealing of a grant may enter a caveat in any registry or sub-registry, and the

What is a caution? There are two main types of caution which your client may have accepted as an adult in the UK: • simple—where an individual admits an offence • conditional—where an individual admits an offence and agrees to certain restrictions and/or rules as part of the caution As a youth (aged 10–17), they may have accepted the following: • youth caution • youth conditional caution • simple caution A youth may also previously have accepted a reprimand or warning under the Final Warning Scheme. These are not cautions, however, they can be taken into account by the Home Office when considering whether to refuse an application. A caution is not a criminal conviction. However, when a person accepts a caution, they have admitted guilt to an offence. It becomes part of their criminal record and is retained for future use. This record will be available to the Home Office when your client makes an application for entry

This Q&A assumes that the lease was executed as a deed using an operating system or a platform that managed the electronic signing process, including the creation of the electronic signature. A non-registrable lease which is granted for a term of more than three years from the date of the grant (and does not relate to a trust of land or a settlement under the Settled Land Act 1925) may be noted on the landlord’s title (see sections 32–34 of the

Easements by prescription An easement is an incorporeal right enjoyed by the owner of a legal estate (dominant tenement) over land in the ownership of another person (servient tenement) that binds successors in title. Easements can be legal or equitable and they can be created by express or implied grant or by statute or arise by prescription or long use. See: Checklist for the creation and registration of easements. The only easements which can exist or be created in law are easements for an interest equivalent to an estate in fee simple in possession or for a term of years absolute. These include easements created by express grant (for example, an easement granted in a lease), implied grant (such as an easement of necessity) or presumed grant (also known as prescription). Easements by presumed grant (or prescription) can

Case Study A title has the benefit of easements—not limited in time—granted in a conveyance. At the time of the conveyance the servient land was unregistered. Subsequently, under two further deeds, one of the easements was released in part and further rights granted. Since the conveyance, the servient land was sold off and split into several titles. Neither the conveyance, nor the two deeds, are referred to on one of these titles which was created in 2004—it appears it was an oversight on first registration. What is the status of the easements—are they overriding interests? Overriding interest An overriding interest is an interest to which land is subject, even though that interest does not appear on the registered title. Such interests bind both the registered

Accrual of holiday entitlement generally A worker is entitled under the Working Time Regulations 1998, SI 1998/1833 (WTR) to a total of 5.6 weeks' paid annual leave each 'leave year', made up of: • a basic entitlement to a minimum of four weeks' annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under the Directive • an additional entitlement to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave year, which is a right under domestic legislation only (see Practice Note: Additional annual leave) Statutory entitlement is not in addition to any contractual holiday entitlement: one is set off against the other. Statutory paid holiday entitlement is limited to 28 days. Therefore, a worker working six days per week is not entitled to 33.6 days' leave (5.6 x 6), but instead only to 28 days' leave. Accrual

The maternity pay period (MPP) is a period of 39 consecutive weeks. It is not related to entitlement to maternity leave nor to the period of maternity leave the employee applies for or takes. However, it is a condition of entitlement to statutory maternity pay (SMP) that the employee has ‘ceased to work for [the employer]’. For further information, generally, see Practice Note: Maternity pay. SMP is payable in respect of each week of the MPP as set out in section 165(1)–(3D) of the Social Security Contributions and Benefits Act 1992, (SSCBA 1992). SMP is not payable in respect of any week during any part of which an employee works under a contract of employment with her employer; for these purposes it does not matter whether the work is under the pre-existing contract or a separate one. This covers the position where

Operators of septic tanks must either ensure that they comply with general binding rules or obtain an environmental permit. Small sewage discharges and the general binding rules For the general binding rules to apply, the discharge from the septic tank to the ground must be small sewage discharges (SSDs), which means (among other matters): • discharges of domestic sewage of two cubic metres (2 m3) or less per day to ground-septic tanks must not discharge to inland fresh waters or coastal waters ◦ the discharges are domestic ◦ the discharge must not cause pollution of groundwater or surface waters ◦ the discharge cannot be reasonably, at the first time on or after 1 January 2015, be made to a main sewer ◦ the septic tank complies with the appropriate standards For more information on requirements of the general binding rules, see: Environmental Permitting Regulations 2016—domestic septic tanks and small sewage treatment plants. From

Homelessness assistance under the Housing Act 1996 (HA 1996) is owed only to those who are found to be homeless, or threatened with homelessness. If the local authority has reason to believe that an applicant may be homeless, or threatened with homelessness, then enquiries must follow to determine whether the applicant is eligible and, if so, what homeless duty (if any) may be owed. Where an applicant is found to be homeless (and eligible), then the Relief duty (under HA 1996, s 189B) will apply. Further accommodation duties may also then apply depending on the other homeless criteria. The definition of 'homelessness' is derived from HA 1996, s 175. A series of tests will then determine whether someone is homeless for these purposes. For someone to not be considered homeless, there must be accommodation available for the applicant’s occupation, the applicant must hold a right to occupy the accommodation and be able

The Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) applies if the company is in administration, liquidation or subject to a company voluntary arrangement (CVA). One of the main improvements under TP(RAI)A 2010 is that a third party can bring proceedings against the insurer without establishing liability. However, the insured's liability will still have to be established (both its existence and amount) before those rights can actually be enforced, although this can now be done by way of a relatively cheap and quick court declaration (as well as judgment, settlement or arbitration award). In practice, this