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The County, Unitary or london borough Council for a defined area.
For the purposes of the Education Acts: In England, if there is not a County Council, then the local authority is: the metropolitan district council, the non-metropolitan district council for an area for which there is no county council, the London borough council or the common council of the City of London (in their capacity as local authority). The local authority in Wales is: a county council or county borough council. Education Act 1996 Act, s 579 as amended by SI 2010/1158.
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Unfair commercial practices—checklist This Checklist considers the key practices, actions and omissions amounting to unfair, misleading or aggressive commercial practices under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008), which may lead to criminal prosecution, regulatory action and adverse publicity. Consumers also have private rights of redress, including the right to unwind the contract, the right to a discount and the right to seek damages. It considers the changes that the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) will bring about. All commercial practices need to be considered and checked to ensure that they do not breach these requirements. These include marketing techniques; traders should consider in particular new media techniques, which can sometimes be unclear to consumers as being commercial activity. For more information on the CPUTR 2008, see Practice Notes: • The Consumer Protection from Unfair Trading Regulations 2008, and • Private right of redress for consumers See also: Advertising law and regulation—overview and Sales and marketing—overview. The DMCCA 2024 In July 2021, BEIS,...
Submitting a planning application—checklist Has the correct application form been used? If the application is not submitted in the correct form or is not accompanied by the required information, it will be invalid and the local planning authority (LPA) can refuse to validate it. The determination period does not begin until the date that the application is validated. The application must be made using either: • an online form, via the Planning Portal • the standard 1APP form, or • a paper form, downloaded from the relevant LPA’s website See Practice Note: Applying for planning permission—procedure. Have the statutory national information requirements been satisfied? Is the application form accompanied by: • a location plan and a red-line site plan? • any other plans, drawings and information necessary to describe the development? • in England, information relating to the biodiversity gain condition? • completed certificates of ownership, stating any freehold interests, or leasehold interests of not less than seven years? • copies of notices to all owners of the application site?...
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Unlike maintained schools, academies and free schools are funded directly by the Department for Education (DfE) and not by or via the local authority for the area in which they are situated. The central government funding is administered on behalf of the DfE by the Education and Skills Funding Agency (ESFA).Note: there are no academies in Wales. Although the Academies Act 2010 (AcA 2010) does apply in Wales, the provisions for the creation and funding of new academies apply only in England.Sources of funding for an academy or free schoolFunding for an academy or a free school comes mostly from the general annual grant (GAG) and the earmarked annual grant (EAG), but it may come from other sources too:•grants from the DfE towards the school promoter’s application and setting-up costs•capital expenditure funding from the DfE, as agreed in the DfE’s funding agreement•GAG for recurrent expenditure, again as agreed in the DfE’s funding agreement (this is one of the two major sources of funding)•EAG for particular expenditure agreed ad hoc and...
'School organisation' is the label given collectively to the various statutory processes involved in opening, altering and closing maintained schools.England—establishing a new state-funded schoolA local authority perceiving a need for a new state-funded school in its area must publish a notice under section 6A of the Education and Inspections Act 2006 (EIA 2006), inviting proposals for a new academy (commonly known as the ‘free school presumption’). The Department for Education (DfE) has produced guidance on how the free school presumption process should operate in practice. The local authority is responsible for providing the site for the new school and meeting all associated capital and pre- or post-opening revenue costs. If no suitable free school proprietor can be identified, then non academy proprietors maybe invited to meet the need by competitive process.It seems to be only as a last resort that the Secretary of State will permit a local authority under EIA 2006, s 10 and/or EIA 2006, s 11 to propose itself as the founder of a new community school...
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Property queries to be included in a due diligence questionnaire for an asset or share purchase Real property 1 Â 1.1 Please provide details of all properties owned, occupied or used [by any Group Company OR in connection with the Business] (the Properties), including whether freehold or leasehold. 1.2 In respect of the Properties, please provide the following information: 1.2.1 full address; 1.2.2 approximate size of site and total size of buildings; 1.2.3 legal owner; ...
Eviction of Unauthorised Campers in Vehicles Notice of a direction to leave this land To all occupants of vehicles on this land and to any other persons with them From [insert name of Local Authority] We hereby give you notice under section 77(2) of the Criminal Justice and Public Order Act 1994 that the Council has given a Direction under section 77(1) of the Criminal Justice and Public Order Act 1994 that: 1 you are to leave the land known as [insert description of land, eg Fullbright’s Meadow, Weston, Northshire];[ and] 2 you are to remove the
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When it comes to calculating the total pay of an agricultural worker in Scotland for minimum wage purposes, how does the accommodation offset rate as set out in the Agricultural Wages (Scotland) Order (No 69) 2022, affect the calculation if the worker in question is provided with free accommodation in the form of a house? For information on the National Minimum Wage (NMW), including conditions for eligibility and how the minimum hourly rate is calculated, see generally, Practice Note: National minimum wage. Most ‘workers’ who work in the UK are entitled to be paid the minimum wage. A person qualifies for the national minimum wage if they: • are a worker • who works, or ordinarily works, in the UK under their contract, and • have ceased to be of compulsory school age When it comes to determining whether or not a worker is being paid the minimum wage, the calculation essentially involves working out an hourly rate of pay by dividing payments received by hours worked in a pay...
How do the provisions of paragraph 4 of Part 1 of Schedule 1 to the Academies Act 2010 impact consideration of whether or not a maintained school can let part of the school premises to a third party for use as a nursery two–four years olds? The Academies Act 2010 (AcA 2010) and regulations made thereunder makes provision for the transfer of land from the local authority to the Academy Trust. While there is power in AcA 2010, Sch 1 Pt 1 to provide for outright transfer, the guidance from the Department for Education in its document, Land Transfer Advice (April 2013) is that in the vast majority of cases the transfer will be by way of a 125-year lease to the Academy Trust, thus preserving the public land. It is usually only in those cases where a school already owns their own land prior to conversion to an academy that there will be a transfer of the freehold. The general power of a local authority to make disposals of...
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This week's edition of Family weekly highlights includes details of new practice guidance from the President of the Family Division on the use of intermediaries, lay advocates and cognitive assessments in family proceedings, the extension of the family mediation voucher scheme and HMCTS guidance for barristers using the financial remedy contested system. Recent judgments including the Supreme Court's dismissal of a father's application for a writ of habeas corpus seeking the release of his two children from the care of Worcestershire County Council under a care order and consideration by the Court of Appeal of the anonymisation of judges’ names in historic family proceedings are also set out.
This week's edition of Corporate Crime weekly highlights includes analysis of what the recently signed MoU between OFSI and OFAC will mean for financial sanctions enforcement, of the draft CMA consumer protection enforcement guidance which includes updates introduced by the DMCCA 2024, of why preventing non-financial misconduct should be a priority for businesses and of the SRA’s announcement that it aims to launch the first prosecutions this summer in connection with the Post Office Horizon scandal. Also included is coverage of extensive new guidance published for Coroners on the bench, of new sanctions imposed on Belarus by the FCDO to address ongoing political repression there, and of a company being fined £2m for health and safety breaches. All this, and more, in this week’s Corporate Crime highlights.
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