Maintained schools Requirement to provide sex education For children at a maintained school of secondary school age, provision for sex education is part of the basic curriculum for all registered pupils at the school, see section 80(1)(c) of the Education Act 2002 (EA 2002). See Practice Note: The curriculum in maintained schools. Under section 403 of the Education Act 1996 (EA 1996), the governing body and head teacher must take steps as are reasonably practicable to secure that where sex education is given to any registered pupils at a maintained school, it is given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life. EA 1996, s 403 also sets out specific areas that sex education must cover and requires that guidance is provided by the Secretary of State to secure these requirements. The then Department for Education and Employment (DfEE) issued the Sex and Relationship Education Guidance: 116/2000 in 2000. Right to withdraw It is however

The powers and duties of the parent in this scenario in relation to the bank account held for their minor child will depend on: • the terms on which the bank account was opened and is held—in whose name is the account held and is there an express trust in place over the account capital and income? • the source of the funds which have been deposited in the bank account—were the funds owned beneficially by the child already? Some banks have special accounts for parents to hold funds on behalf of their children, either as nominee, custodian or trustee. If there is an express trust over the bank account assets or other terms and conditions applied by the bank, then this will determine the parent’s powers and duties. Special rules apply to Child Trust

The jurisdiction of the courts to deal with applications for maintenance for the benefit of children is set out in Schedule 1 to the Children Act 1989 (ChA 1989) at para 14. At present, ChA 1989, Sch 1, para 14 provides that jurisdiction of the UK courts is defined by the EU Maintenance Regulation (Council Regulation 4/2009). Specifically, Article 3 of the EU Maintenance Regulation provides that: ‘In matters relating to maintenance obligations in Member States, jurisdiction shall lie with (a) the court for the place where the defendant is habitually resident, or (b) the court for the place where the creditor is habitually resident,

Where the court makes an interim care order, the local authority (LA) gains parental responsibility as it would under a full care order, but within the constraints of using it for the limited time period of the interim care order. The LA also has the power to determine the extent to which others with parental responsibility may exercise it, although that power may not be exercised unless the local authority is ‘…satisfied that it is necessary to do so in order to safeguard or promote the child's welfare’ (per section 33(3) of the Children Act 1989 (ChA 1989)). Munby J (as he then was) said in Re A (Residential Assessment) (at para [1]) that: ‘It is a cardinal principle of the Children Act 1989 that once a care order

The legal framework in England and Wales relating to park or mobile homes is contained in the Mobile Homes Act 1983 (MoHA 1983) as amended, most recently by the Mobile Homes Act 2013 (MHA 2013). The Act applies to any agreement under which a person ('the Occupier') is entitled to station a mobile home on land forming part of a protected site, and to occupy it as his only or main residence. As such, the Occupier will own the home, but not the pitch upon which it is placed. The pitch is owned by the owner of the protected site, who will manage it, maintain it, and likely provide services such as electricity and water. The Occupier will under the agreement pay a pitch fee and other charges for the services provided. The agreement between the Occupier and the site owner is, as already noted, governed by the Act. It

CPR CPR 36.2 states: ‘Nothing in this Section prevents a party making an offer to settle in whatever way that party chooses, but if the offer is not made in accordance with rule 36.5, it will not have the consequences specified in this Section.’ CPR 36.5 sets out the form and content of a Part 36 offer, but does not limit the type of offer that can be made. So, for example, a Part 36 offer need not be limited to an offer to pay or accept a sum of money. For further guidance, see Practice Note: Part 36 offers—how to make a valid Part 36 offer and Q&A: Can a Part 36 offer include a non-monetary term? Case law Law of contract—contract

A redundancy situation would have arisen in relation to the employee’s original role if, for the purposes of the statutory definition of redundancy: • the employer was ceasing or intending to cease carrying on the business for the purpose of which the employee was employed by him • the employer was ceasing or intending to cease carrying on that business in the place where the employee was so employed, or • the requirements of the business for employees to carry out work of a particular kind, either generally or in the place where

A worker may bring a claim under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTW Regs 2000), SI 2000/1551, reg 8 that their employer has infringed the right: • not to be treated by their employer less favourably than a comparable full-time worker • not to be subjected to any detriment by any act or deliberate failure to act by their employer on one of a number of specified grounds related to the PTW Regs

An employee will be under certain implied duties during employment. These will vary depending on the seniority of the employee and whether they are subject to a duty of fidelity or a more onerous fiduciary duty. For further details, see Practice Note: The duty of fidelity and fiduciary duties. An employer may wish to confirm or supplement these implied duties by seeking to restrain an employee from undertaking any business activities other than those of the employer during employment, whether within or outside working hours. For further guidance on these provisions generally, see the section of Practice Note: Restrictions and other express terms during employment entitled ‘Restrictions on other business activities’. Consideration should be given to whether any ban on spare time business activity should be total or partial: • a total ban seeks to prevent any business activity—this would typically be more appropriate for a senior, full-time employee • a partial ban seeks to prevent only certain

The Partnership Act 1890 (PA 1890) provides that every partner may take part in the management of the partnership business (PA 1890, section 24(5)). However, in the absence of any provision to the contrary in the partnership agreement, there is no implied term that a partner is obliged to take part in the management process. Sleeping partners are well known and the partners may also agree amongst themselves that the right to manage the whole or some part of the firm’s affairs is to be conferred on one or more of their number to the exclusion of the others (see Hodson v Hodson). A partner is also free

There are two different statutory provisions dealing with the dissolution of a partnership by way of notice given by a partner to the other partners (although one of them refers to the determination of a partnership rather than its dissolution). The first statutory provision section 26(1) of the Partnership Act 1890 (PA 1890) applies if ‘no fixed term has been agreed upon for the duration of a partnership’ and the second statutory provision applies if a partnership is ‘entered into for an undefined time’ (although in the latter case, dissolution by notice expressly takes effect subject to any agreement between the partners). Dissolution of a partnership by notice pursuant to the PA

A partnership is not a legal entity but is a relationship between partners. It is defined in the Partnership Act 1890 as: ‘…the relation which subsists between persons carrying on a business in common with a view of profit.’ When the composition of a partnership changes, eg a partner dies or retires from a partnership or a new partner is admitted to a partnership, the partnership in existence immediately before the change is dissolved. See: Hadlee v Commissioner of Inland Revenue [1989] 2 NZLR 447 (not