We refer you to Practice Notes: Commissioning of health and social care by local authorities and Local authority statutory functions with regard to provision of health services. Responsibility for a number of areas of health service provision have been transferred from Primary Care Trusts to local authorities and the Secretary of State for Health. To ensure that commissioning activity is lawful, the scope/specification of the services being commissioned or provided must be consistent with the statutory framework, which includes ensuring that it is a service

The Rehabilitation of Offenders Act 1974 (ROA 1974) defines 'spent'. The purpose of the ROA 1974 (1974 c 53), is to allow individuals who have been rehabilitated and their convictions have been spent to be treated as if they had no criminal convictions. As a consequence although a conviction is public at the time, in the recent decision of R (on the application of T and another) v Secretary of State for the Home Department and another, Lord Wilson adopted the submissions of Liberty who intervened

The Community Infrastructure Levy Regulations 2010 (as amended) (the Regulations) governs the Community Infrastructure Levy (the Levy), which is a charge that local authorities can levy on new developments within their area and where the local authority has consulted on and approved a charging schedule setting out the Levy rates. The purpose of the Levy is to enable charging authorities to fund infrastructure, which must be identified within a published infrastructure funding statement. Regulation 49 provides for Social Housing Relief. A chargeable development which comprises or is to comprise qualifying dwellings (in whole or in part) is eligible for relief from liability to the Levy. Qualifying

We cannot answer the specific question asked because to do so would require us to give advice which we are not able to do. Much will also depend on the specific circumstances of the case, whether the identity of any next of kin is known to the highway authority and whether they have been asked informally to remove the vehicle. For the purposes of this answer we have assumed that the highway authority is unaware of the identity of any next of kin and has no means of ascertaining who the executors/administrators of the estate are or who may be able to remove the vehicle without use of statutory powers. In these circumstances, the vehicle may well be considered to have been abandoned. Section 3 of Refuse Disposal (Amenity) Act 1978

Section 106 of the Town and Country Planning Act 1990 (TCPA 1990) enables anyone with ‘an interest in land’ in the area of the relevant local planning authority (LPA) to enter into a planning obligation. Parties can only bind their own interest in the land and any successors in title to that interest. Normally, therefore, all persons with a proprietary interest in any land affected by a planning obligation (including freeholder(s),

Generally, it would be reasonable for a member of the public to rely on the ostensible authority of the senior officer if they appear or purport to have the ability to bind the council. One should consider whether the constitution and scheme of delegation were within the reasonable knowledge of any buyer, particularly if they are freely available as public documents, which they should be. See Practice Note: Forming enforceable contracts—authority. This reliance is unlikely to extend to an oral

A local authority (LA) may advance money for the purpose of repairing or improving a house or flat. This is a discretionary form of advance under section 435 of the Housing Act 1985 (HA 1985). The advance together with interest must be secured by a mortgage on the property. A legal mortgage of registered land must be created by a charge by deed expressed to be by way of legal mortgage. The charge becomes effective at law only if is registered against the chargor's title. Until then, the chargee holds only an equitable charge and so the charge is, therefore, vulnerable to defeat by a subsequent disposition of the registered estate over which the charge is made. See Practice Notes: Mortgages

Section 149 of Highways Act 1980 (HiA 1980) states: ‘If anything is so deposited on a highway as to constitute a nuisance, the highway authority for the highway may by notice require the person who deposited it there to remove it forthwith.’ If a transit van is left in the highway, and is causing an obstruction, then the highway authority can take steps to have it removed. If the van is registered with the Driver and Vehicle Licensing Agency, it will enable the authorities to identify the registered owner, so that a notice can be correctly addressed and delivered. Abandoned vehicles have a habit of not being properly registered, so this is unlikely to be of much assistance. As well as any notice left by the police, the highway authority may leave a notice on any vehicle which is causing an obstruction, particularly if it is causing

Byelaws for country parks Section 41(1)(a) of the Countryside Act 1968 (CA 1968) gives local authorities the power, in respect of a country park, to make bylaws for: ‘…the preservation of order, for the prevention of damage to the land or anything thereon or therein, and for securing that persons resorting thereto will so behave themselves as to avoid undue interference with the enjoyment of the land by other persons.’ The term ‘country park’ is defined in CA 1968, s 7. Enforcement of byelaws Byelaws can be enforced in various ways. Byelaws which are made by local authorities may provide that a person who contravenes one is to be punished, after summary conviction by a magistrates’ court, with a fine (limited to the sum specified in the legislation which gave the local authority the power to make the byelaw—see section 237 of the Local Government Act

The stopping up of a highway can be carried out under sections 116, 117, 118 and 119 of the Highways Act 1980 or sections 247, 248, 253 of the Town and County Planning Act 1990 (TCPA 1990). Stopping up allows the underlying land to be used for purposes which would not be possible if it were to remain as public highway. It removes public rights of access on the land, as well as the highway authority’s responsibilities for the area, and transfers responsibility for the land back to the original owner of the sub soil. If the court agrees to make a stopping up order, this terminates the public rights over the highway and frees the land from the highway authority’s control. The land reverts to the landowner who can then develop the land. Because of this, it is important

It is important to consider the drafting of the covenant itself when looking at whether section 33 of the Local Government (Miscellaneous Provisions) Act 1982 enables a local authority to do works on land at a time in the future. You may find Commentary: Enforceability by local authorities of certain covenants relating to land: Halsbury's Laws of England [593] useful in relation to your query which states: ‘The following provisions apply if a principal council and any other person are parties to an instrument under seal which: (1) is executed for the purpose of securing the carrying out of works on land in the council's area in which the other

The Community Infrastructure Levy Regulations 2010 (CIL Regulations), SI 2010/948, regs 42A–42C govern how an exemption from community infrastructure levy (CIL) for residential annexes is administered. CIL Regulations, SI 2010/948, reg 42A sets out the circumstances in which a person is exempt from liability to pay CIL. Where these circumstances apply, and a person wishes to benefit from the exemption, they must submit a claim to the collecting authority in accordance with CIL Regulations, SI 2010/948, reg 42B. Importantly, the claim must: • be received by the collecting authority before commencement of the chargeable development • be submitted to the collecting authority in writing on the official form (or a substantially similar form) • include the particulars specified in the form,