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Environmental permit transfer requirements—Checklist Environmental permits An environmental permit is required to operate a regulated facility or cause or knowingly permit a water discharge activity or groundwater activity. Former pollution prevention and control (PPC) permits, waste management licences, water discharge consents, groundwater authorisation and radioactive substances authorisations are now called environmental permits. Some facilities are regulated by the EA in England or the Natural Resources Wales (NRW) in Wales, while others are regulated by the relevant local authority. On 1 January 2017, the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 came into force, revoking and consolidating the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675 which had been amended on numerous occasions. The EPR 2016 is the principle legislation governing the environmental permitting and compliance regime which applies to various activities and industries and all offences occurring on or after 1 January 2017 will be prosecuted under the EPR 2016. Offences committed before 1 January 2017, will be prosecuted under the EPR 2010....
Defective title insurance—checklist A Checklist for use when acting for a buyer who is considering taking out a policy or relying on an existing policy to plug a defect in title revealed during the due diligence process. A title is defective where it is not good and marketable (see Practice Note: What is a good and marketable title?) or where there is a risk that a third party could establish an interest adverse to the title. In the right circumstances, the right policy can be a useful tool which enables the transaction to proceed and the buyer to secure finance. However, care must be taken to ensure that the policy is worth the paper that it is written on. It is important to consider whether insurance might be the best approach as early as possible, particularly as insurance is not normally available where the party with the benefit of the relevant right or covenant has been approached. Insurance distribution—regulatory requirements Solicitors need to be aware of their duties and obligations...
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Charitable trusts in Scotland FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024 and represents the biggest overhaul of trust law in Scotland in over a century. Following the issuing of commencement orders, this Practice Note will be updated further to reflect this new legislation. A trust is one of several legal structures which can be used to constitute a charity in Scotland. Charitable trusts, by their nature, are subject both to charity law and to trust law. Of around 24,600 charities on the Scottish Charity Register, around 3,000 are constituted as charitable trusts (2025 figures). Many charities are referred to as ‘trusts’ even though they are created as companies limited by guarantee, Scottish Charitable Incorporated Organisations (SCIOs) or are established by Royal Charter or Act of Parliament. This Practice Note deals with charitable trusts properly so called, and not with other vehicles which simply use the word ‘trust’ as part of their name. Creation and obtaining charitable status The creation...
Brexit materials—the May government’s White Paper [Archived] A white paper entitled ‘The UK’s future skills-based immigration system’, outlining the UK government’s plans for the shape of the UK immigration system after Brexit, was released on 19 December 2018. The most significant change that will be brought about by the proposed new system is the end of Free Movement for European (EU) nationals. After 31 December 2020 (the end of the implementation period), UK immigration rules will apply to EU and non-EU migrants alike. The White Paper proposes several other significant changes, particularly in relation to the current framework for sponsoring skilled workers under Tier 2 of the Points-Based System (PBS), including: • scrapping the overall annual cap on sponsored work visas • lowering the skills threshold of those who qualify for sponsorship from Regulated Qualifications Framework (RQF) Level 6 to RQF Level 3 • abolishing the Resident Labour Market Test (RLMT) • reducing the bureaucratic burden on sponsoring employers The White Paper makes a wide variety of...
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Being an attorney under a health and welfare LPA—client guide This document provides general guidance about what is involved in acting as an attorney under a health and welfare lasting power of attorney (LPA). Your Private Client lawyer will be able to provide specific advice based on your circumstances. Acting as an LPA attorney for a relative or friend is an important responsibility that should be fully understood before the role is accepted and taken on. This guide aims to provide an overview of the powers and responsibilities of a health and welfare LPA attorney and explains what is likely to be involved in taking decisions on behalf of your loved one. What is an LPA? An LPA is a legal document that enables an individual (the donor) to appoint one or more trusted people (known as attorneys or donees) to manage their affairs and make decisions on their behalf in the event that they lose mental capacity. Before an LPA can be used, it must be registered...
Consent letter—secondary offers [Print on letterhead of adviser/expert] The Directors [Insert name and address of company] [Insert date] Dear [insert text] [Insert name of company] (the Company): [Placing OR Open offer OR Rights issue] of [insert number] [insert class] shares of [insert nominal value] each We hereby give our consent to the inclusion in the [admission document (Admission Document) OR prospectus (Prospectus)], dated [insert date] issued by the Company, of [[insert details of any reports provided by the adviser or expert included in the Admission Document or
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Does a company’s articles of association override the provisions of the Companies Act 2006 relating to valid execution of a document? For example, if a company’s articles of association stated that all deeds had to be signed by two directors would a deed signed by one director in the presence of a witness be valid execution by that company? Deed There are four key requirements for deeds: • a deed must be in writing • it must be clear from the face of the instrument that it is a deed and is intended to be a deed • the form of execution for a deed will vary depending upon the type of legal person that is executing the deed—execution by a company is discussed below • a deed must be delivered for it to take effect For further guidance, see Practice Note: Executing documents—deeds and simple contracts. Execution by a company Documents executed as deeds must be expressed as being executed by the company. A document...
Under what circumstances can a section 172 Road Traffic Act 1988 notice be served? Can such a notice be served upon someone who is being investigated for an offence which isn't a road traffic offence? The duty to give information as to the identity of a driver in certain circumstances arises in relation to: • any offence created by sections 1–171 of the Road Traffic Act 1988 (RTA 1988) except for offences under RTA 1988, Pt V or an offence under RTA 1988 ss 13, 16, 51(2), 61(4), 67(9), 68(4), 96 or 120 and to an offence under RTA 1988, s 178 • any offence under sections 25–27 of the Road Traffic Offenders Act 1988 • any offence against any other enactment relating to the use of vehicles on roads, and • to manslaughter, or in Scotland culpable homicide, by the driver of a motor vehicle For further guidance, see Practice Note: Failing to give information as to the identity of driver which
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This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the Hague Judgments Convention coming into force for the UK and the Court of Appeal decision in AmTrust Specialty Ltd v Endurance Worldwide Insurance Ltd (disclosure scheme in the Business and Property Courts); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
This edition of Employment weekly highlights includes: (1) publication of a government roadmap for implementing the Employment Rights Bill, (2) the launch of a government review of parental leave and pay (including a call for evidence that closes on 26 August 2025), (3) updated right to work guidance simplifying digital checks for employers of British and Irish citizens, (4) a new Statement of Changes in Immigration Rules HC 997, (5) two High Court cases, one dealing with misuse of private information and breach of confidence in relation to an ex-employee’s mother’s contact details and the other in which the judge stated that the employment tribunal was the most appropriate forum to adjudicate legal professional privilege and iniquity, (6) publication by the Financial Conduct Authority (FCA) of its final rules on non-financial misconduct and the launch of a consultation on potential further guidance, (7) publication of the 33rd edition of Butterworths Employment Law Handbook, edited by David Reade KC (a member of the Lexis+® UK Employment Consulting Editorial Board), Grahame Anderson...
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