The regulation of consumer credit Regulation of consumer credit now sits with the Financial Conduct Authority (FCA). In consequence parts of the Consumer Credit Act 1974 (CCA 1974) were repealed from 1 April 2014 with regulated activities coming under the Financial Services and Markets Act 2000 (FSMA 2000) and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (RAO 2001). Regulated Activities and consumer credit agreements Entering into a regulated

Leases of garden land A garden may be acquired either by purchase of the freehold or existing leasehold estate, the grant of a lease, tenancy or licence, or by purchase of an existing easement or grant of an easement to use land as a garden. For further information, see Commentary: • Definition of ‘a garden’: Encyclopaedia of Forms and Precedents [1501] • Method of acquisition of a garden: Encyclopaedia of Forms and Precedents [1511] • Agreement for letting of land for use as

This enquiry comprises two questions: • whether, if the host organisations were to decide to employee the employees directly, this would be a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE 2006) • whether, if the local authority were to decide to terminate the employment of the employees, the dismissals would be for redundancy or 'some other substantial reason' (SOSR) justifying the decision to dismiss These issues are considered below. TUPE transfer TUPE 2006 applies when there is a 'relevant transfer'. This covers: • a business transfer: a transfer of an undertaking, business or part of an undertaking or business, situated immediately before the transfer in the UK to another person where there is a transfer of an economic entity

Section 260 of the Charities Act 2011 (CA 2011) governs the execution of documents by an incorporated body. It provides that if an incorporated body has a common seal, a document may be executed by the body by the affixing of its common seal (CA 2011, s 260(2)) or by being signed by a majority of the charity trustees of the relevant charity and expressed to be executed by the body, or, executed in pursuance of an authority under CA 2011, ss 261(1)–260(3). By CA 2011, s 260(4), a document duly executed by an

Section 7 of the Countryside Act 1968 (CA 1968) provides that a local authority shall have power, on any site in the countryside appearing to them suitable or adaptable for the purpose set out in CA 1968, s 6(1), to provide a country park, that is to say a park or pleasure ground to be used for that purpose. That purpose is the providing, or improving, opportunities for the enjoyment of the countryside by the public. A local authority shall in exercising those powers have regard to the location

Only an occupier of land (ie not a superior landlord who is not in occupation) is able to confer Code rights. Accordingly, to the extent that any of the land affected is not in occupation by the local authority, they will not be the appropriate person to grant Code rights in any event. See Practice Note: New Electronic Communications Code—Code rights—How do Code rights arise and who do they bind—agreements under Part 2 (Part 2). Furthermore, in order to trigger an operator’s right to apply for a court imposed agreement an operator must first

If an enforcement notice, issued by a local planning authority (LPA) under section 172 of the Town and Country Planning Act 1990 (TCPA 1990), is not appealed, it takes effect according to its terms which include a period for compliance. Once that period has ended, any breach whether continuing or a resumption is a criminal offence. If the enforcement notice is appealed, then it is suspended pending the outcome of the appeal process including any High Court challenge, though there is a power for the court to order the enforcement notice takes effect pending any challenge. The enforcement notice will remain suspended however during the process

The regime under the Health and Social Services and Social Security Adjudications Act 1983 (HSSSSAA 1983) allows for the charging of the provision of various services, including accommodation provided by a local authority, and where a sum assessed as due is not paid for the local authority to create a charge in their favour on the interest of the debtor in any land in England and Wales in which they have a beneficial interest. By HSSSSAA 1983, s 22(8) such a charge in respect

A company voluntary arrangement (CVA) is an insolvency process that allows a company to enter into a contractual agreement with creditors to settle its unsecured debts or come to an arrangement with them over its affairs. The company's directors continue to operate the business, and have authority to cause it to enter into future contracts, subject to the supervision of an insolvency practitioner. The supervisor is not a necessary party to the lease, but it

There are various statutory enabling powers that allow a public body to acquire land compulsorily, with the approval of a minister. Such powers should only be used where there is a compelling case in the public interest and is intended as a last resort to enable a project to be implemented. Section 226 of the Town and Country Planning Act 1990 (TCPA 1990) allows a local authority to acquire land compulsorily for development and other purposes set out in TCPA 1990, s 246(1). The latter section is widely expressed and allows the assembly

Section 77 of the School Standards and Framework Act 1998 (SSFA 1998), as amended by the Education Act 2011, requires the consent of the Secretary of State for a disposal or change of use of playing field land, whether for another educational purpose or a non-educational purpose. The purpose of the section is to prevent disposals of playing fields, subject to various exceptions which are contained within the section. The requirement for consent in respect of a change of use applies to playing fields which are, immediately before the date when the action is taken, used by a maintained school for the purposes of the school,

This Q&A assumes that the rentcharge is not registered under the Land Registration Act 2002. A rentcharge charges the land burdened by it with a rent. There is no right for the person with the benefit of the rentcharge to the reversion of the land in default of payment, but other remedies are available (see Practice Notes: Estate rentcharges—freehold land and Rentcharges—apportionment, termination and enforcement. The latter Practice Note includes reference to the statutory procedure for redeeming a rentcharge). It is no longer possible to create a rentcharge, unless one