Executive Definition

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GLOSSARY

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What does Executive mean?

The decision-making body of the local authority consisting of senior councillors with responsibility for council service portfolios.

It can take the form of a leader and cabinet or an elected mayor and cabinet. The executive is responsible for proposing the policy framework and budget to full council and for implementing the local authority's policy framework. Decisions implementing the council's policy framework and budget can be taken collectively by the executive or delegated to individual members of the executive, officers, committees of the executive or devolved structures.

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EU and UK Wire Transfer Regulations—timeline to 31 December 2023 [Archived]

EU and UK Wire Transfer Regulations—timeline to 31 December 2023 [Archived] ARCHIVED: This Practice Note is archived and is no longer maintained. For UK developments see: AML/CTF/CPF—timeline of UK legal and regulatory developments for financial services. For EU developments see: AML/CTF/CPF—timeline of EU legal and regulatory developments for financial services. This timeline outlines the developments in relation to the Wire Transfer Regulation (Regulation (EU) 2015/847) (also known as the Funds Transfer Regulation (FTR)), its predecessor the Wire Transfer Regulation (Regulation (EU) 1781/2006) and the Recast EU WTR2 (also referred to as the Recast EU Transfer of Funds Regulation (EU FTR2)) which entered into force in June 2023 and applies from 30 December 2024 and forms part of the wider European Commission 2021 legislative package overhauling the European Union’s AML/CTF legal framework and regulatory requirements. It further includes the onshoring of EU WTR2 through the Retained Regulation (EU) 2015/847 (UK WTR2) and relevant updates brought in through the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017,...

UK operational resilience—timeline

UK operational resilience—timeline This timeline shows key developments relating to UK operational resilience requirements for financial services firms from January 2024 onwards. For earlier developments, see: Operational resilience—timeline 2024 Date Source Document Description 28 June 2024 Law360 How FCA guidance aligns with global cyberattack measures By 31 March 2025, UK firms regulated by the Financial Conduct Authority (FCA) will be required to have conducted mapping and testing to ensure they remain within their impact tolerances for identified operational risks of cyber attacks for each important business service. 28 May 2024 FCA Operational resilience: insights and observations for firms The FCA published a webpage setting out observations and insights on the preparations firms have made towards complying with PS21/3: Building operational resilience ahead of the end of the transition period on 31 March 2025. Ahead of this deadline, firms must ensure that they can remain within impact tolerance in severe but plausible scenarios for any identified important business services, and have plans approved by their boards...

Meetings—executive decision-making process

This Practice Note explains the three basic models of governance for local authorities. It covers the distinction between decisions which are executive and non-executive or council decisions. It covers the strict requirements about the convening of meetings and the notice that must be given, and discusses rules relating to the agenda, minutes and executive meetings.Executive and non-executive decision makingThere are three basic models of governance for local authorities:•the Committee System, whereby the Council comprising all councillors appoints select politically-balanced committees of councillors and delegates functions to those committees and to officers. These councils are not required to have an Overview and Scrutiny Committee, although some do. This is the only non-executive governance model•the Executive Leader and Cabinet Model, whereby the Council comprising all councillors elects an Executive Leader, who appoints a maximum of nine other councillors as members of the Executive (or 'Cabinet'). The Executive Leader is elected by full council for a term determined by the council, or on a four yearly basis. This model is the most common...

Guide to the council budget decision

Guide to the council budget decision What is the budget? By 11 March each year, each Council must set an amount of council tax. Behind this, are a set of calculations laid down in legislation which boil down to the amount by which expenditure exceeds income in accordance with the required calculations and which then forms, in England, the authority’s ‘council tax requirement’ (whereas in Wales, it is still referred to as the ‘budget requirement’). For further information on council tax, see Practice Note: Council tax. Income will come from: • government grants (both general and ring-fenced) • business rates (national non-domestic rates (NNDR)), see Practice Note: National non-domestic rates—billing recovery, exemptions and reliefs • investments, and • fees or charges that the law may permit the Council to operate The Council may also make use of financial reserves it has for this purpose. Council tax itself is subject to certain strictures, not least of which is the capping regime, which then limits the amount of income that can be...

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Property due diligence report—share or asset purchase

Property due diligence report—share or asset purchase A. Executive summary 1 Scope of review For the purposes of this report we have reviewed the following properties [insert details of the properties], (the ‘Properties’). 2 Basis of the review 2.1 Information relating to the Properties for the purposes of conducting our due diligence exercise and preparing our report has been sourced from the following: 2.1.1 documents provided in the due diligence [data room OR files] as set out in the index in Schedule...

Internal investigation—investigation report

Internal investigation—investigation report Privileged and confidential Not for onward transmission without reference to [Head of Legal/Name of law firm] Date of report: [insert date] Report provided by: [insert name of internal department or external law firm providing the report] Report provided to: Name Title [Insert name] [Insert job title] [Insert name] [Insert job title] [Insert name] [Insert job title] 1 Executive summary [Insert executive summary] 2 Complaints/issues The allegation(s) or concern(s) reported are set out in the table below: Allegation 1 [Insert description of allegation 1] Allegation 2 [Insert description of allegation 2] Allegation 3 [Insert description of allegation 3] Allegation 4 [Insert description of allegation 4] 3 Investigation process 3.1 Document review 3.1.1 Collection of electronic data (a) We have collected electronic evidence comprising forensic images of laptops, desktop hard drives, mobile devices, USB storage devices and archived data pertaining to [insert number] current and former employees of [insert organisation's name] (collectively referred to as Custodian data, details of which are included in Appendix...

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Can a part-time, fixed-term or term-time only employee be prevented from working elsewhere during the times they are not working for the employer?

Can a part-time, fixed-term or term-time only employee be prevented from working elsewhere during the times they are not working for the employer? 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,...

What powers does an investigator have to compel the witness to provide a statement during a criminal investigation, where a witness is known to be in the possession of crucial evidence, but is unwilling to provide a section 9 witness statement? Can the witness be forced to give evidence at trial?

What powers does an investigator have to compel the witness to provide a statement during a criminal investigation, where a witness is known to be in the possession of crucial evidence, but is unwilling to provide a section 9 witness statement? Can the witness be forced to give evidence at trial? Certain regulators have specific powers to compel witnesses to give statements during investigations. These are statutory powers which can be used during an investigation into suspected offences and the witness is compelled to attend the interview to answer questions or to provide information. However, as these are powers to compel and the witness has no right of silence as they would do in an interview under caution, there are statutory safeguards restricting the use of any information obtained from the compulsory interview powers. The contents of the interviews cannot be used in evidence against the maker in their subsequent criminal trial unless: • the trial is a prosecution for an offence of providing false or...

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Health and safety prosecution round-up—14 October 2024

A round-up of the latest health and safety prosecutions, including a crane operating company fined after a crane collapsed at its site.

Reassuring result for VETSURE—trade mark infringement established in appeal (TVIS v Howserv)

IP analysis: TVIS has successfully appealed the finding that its claim for infringement under section 10(2) of the Trade Marks Act 1994 (TMA 1994) failed. Howserv’s use of PETSURE for pet insurance services resulted in a likelihood of confusion and therefore infringed TVIS’s trade mark for VETSURE, registered for identical services. Lord Justice Arnold gave the leading judgment in the Court of Appeal and concluded that although VETSURE alluded to insurance against veterinary costs, a major component of most ‘pet insurance’ services, it did not describe that service. The trial judge’s finding to the contrary impacted his assessment of the inherent distinctiveness of the VETSURE trade mark. Furthermore, the trial judge was inconsistent in finding that the mark lacked acquired distinctiveness but possessed a ‘reputation’. These and other errors made it necessary for the appeal court to assess the likelihood of confusion afresh. Written by Bonita Trimmer, consultant and Alice Elliott-Foster, associate, at Browne Jacobson LLP.

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