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Obtaining authorisations for communications data for local councils—checklist STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. This Checklist is in the process of being updated to reflect the changes. This Checklist summarises the requirements on local authorities seeking authorisations to use surveillance powers under Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Investigatory Powers Act 2016 (IPA 2016). It should be read in conjunction with Practice Note: RIPA 2000 requirements RIPA 2000 requirements are: • prior authorisation of directed surveillance • prohibit the council from carrying out intrusive surveillance • authorisation of the conduct and use of a covert...
Procedural guide—applications under Schedule 1 to the Children Act 1989 From 22 April 2014 the shortened financial remedy procedure applied to applications under ChA 1989, Sch 1, however, with effect from 4 June 2018 only an application for an order for periodical payments where no form of capitalisation is sought under ChA 1989, Sch 1, paras 1(2)(a), 1(2)(b), 2(2)(a), and 9 will be dealt with under the fast-track procedure. An application for a capital order, or an application for both periodical payments and capital orders, will, therefore, be dealt with under the standard procedure. Where an application is made for variation of an order, the fast-track procedure is limited to an application for the variation of a periodical payments order, again where no form of capitalisation is sought. An application under ChA 1989, Sch 1 is made in the Family Court and allocated to a district judge. See Practice Notes: Procedure—Schedule 1 to the Children Act 1989, Fast-track (shortened) financial remedy procedure, and Issuing financial proceedings in Form A...
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Money Laundering Regulations 2017—CDD quick reference guide—individuals Client due diligence (CDD) is a central pillar of the anti-money laundering (AML) and counter-terrorist financing (CTF) regime. CDD requirements underpin the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. Counter-proliferation financing is the most recent addition to the long-established AML and CTF regime. Requirements in relation to counter-proliferation financing were introduced through amendments to the MLR 2017 and include in relation to systems and controls, risk assessment, etc. No specific counter-proliferation financing requirements were added in relation to CDD, and existing CDD provisions in the MLR 2017 were not amended to include mention of proliferation financing. As things stand, therefore, counter-proliferation financing is not covered in this Practice Note. For more information, see Practice Note: Counter-proliferation financing—CPF—the basics. Where the MLR 2017 apply (see Practice Notes: Money Laundering Regulations 2017—scope and application—law firms), conducting CDD is an absolute requirement. It is not in itself subject to the risk-based approach....
Statement of Changes in Immigration Rules, HC 309—analysis [Archived] This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 309. HC 309 was issued on 7 December 2017, along with an Explanatory Memorandum (EM). It covers: • the electronic issuing of entry clearance • controversial changes to the Rules relating to indefinite leave to remain (ILR) for main applicants and their dependants in work categories, in particular on how absences from the UK are to be treated • substantial amendments to the Tier 1 (Entrepreneur) sub-tier • amendments to Tier 1 (Exceptional Talent) including: ◦ increasing the Tier 1 (Exceptional Talent) limit to 2000 endorsements per year, with 1,000 of these to be allocated among the Designated Competent Bodies on a first-come first-served basis ◦ introducing provision for migrants endorsed under the exceptional talent criteria to apply for ILR after three years • amendments to Tier 2 (General), including: ◦ allowing Tier 4 (General) students to apply to switch into Tier...
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Will (Scotland)—Legacy to charity (10% of baseline amount), legacy of house with cash option, residue to number of individuals or to survivors or survivor of them, dealing with tax on lifetime gifts, renunciation FORTHCOMING CHANGE: Abolition of non-dom regime and introduction of residence-based IHT regime At Autumn Budget 2024 on 30 October 2024, the Labour government confirmed that it will proceed with plans of the former Conservative administration to abolish the remittance basis of taxation and replace it with a residence-based regime, to commence on 6 April 2025. The government also confirmed its intention to move to a residence-based regime for inheritance tax. The changes will also affect the rules determining excluded property status, the Abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, including draft legislation published with Autumn Budget 2024, see: Autumn Budget 2024—Private Client analysis—International, Autumn Budget 2024 (paras 2.56 and 5.51), OOTLAR (para 1.3) and TIIN: Reforming the taxation of non-UK domiciled individuals. See also Private...
Explanatory note for a client’s will to spouse absolutely, then to children absolutely FORTHCOMING CHANGE: Abolition of non-dom regime and introduction of residence-based IHT regime. At Autumn Budget 2024 on 30 October 2024, the Labour government confirmed that it will proceed with plans of the former Conservative administration to abolish the remittance basis of taxation and replace it with a residence-based regime, to commence on 6 April 2025. The government also confirmed its intention to move to a residence-based regime for inheritance tax. The changes will also affect the rules determining excluded property status, the Abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, including draft legislation published with Autumn Budget 2024, see: Autumn Budget 2024—Private Client analysis — International , Autumn Budget 2024 (paras 2.56 and 5.51), OOTLAR (para 1.3) and TIIN: Reforming the taxation of non-UK domiciled individuals. [Your] Will—[explanatory note] This [explanatory note] explains the main provisions of your Will. Please read this [explanatory...
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Can grandparents enter into a parental responsibility agreement? Parental responsibility is defined as all the rights, duties, powers, responsibility and authority that, by law, a parent has in relation to their child and their child's property (section 3(1) of the Children Act 1989 (ChA 1989)). Where the child’s parents were married to each other at the time of the child's birth, they each have parental responsibility for the child. Where the parents were not married to each other at the time of the birth, the mother automatically has parental responsibility and the father does not: there is, however provision for the father to acquire it. A mother’s civil partner may also have parental responsibility for a child at birth if certain conditions are met. There are provisions within ChA 1989 for parental responsibility to be acquired after a child’s birth. This may be as a consequence of a parental responsibility order, a parental agreement or another order that also confers parental responsibility. Under ChA 1989 the only people that may...
Can a stepfather (who was married to the mother) enter into a parental responsibility agreement with biological father after the death of mother? Parental responsibility (PR) is defined in section 3(1) of the Children Act 1989 (ChA 1989) as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. ChA 1989, s 2 sets out the circumstances in which parents have PR. The mother of the child always has PR. ChA 1989, s 4 deals with acquisition of PR. The father of a child will acquire PR either by virtue of being married to the mother at the time of birth (ChA 1989, s 2(1)); by his registration as the child’s father (ChA 1989, s 4(1)(a)); or by a parental responsibility agreement (ChA 1989, s 4(1)(b)). Finally, the father shall acquire PR if the court on his application orders that he should have PR. The phraseology used in ChA 1989, s 4(1)(b) is an agreement...
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This week's edition of Local Government weekly highlights covers new practical guidance on preparing for the Procurement Act 2023 which comes into force on 24 February 2025. It also includes expert analyses of the decisions in Calderdale MBC v Cheshire EBC which involved the courts determining the relevant local authority in care proceedings based on the child's ordinary residence; Hayes v Tower Hamlets, a judicial review challenge of the decision made by the Mayor of Tower Hamlets (MTH) to remove a neighbourhood low traffic scheme following a public consultation; and Re Jones v Wrexham County Borough Council where the Court of Appeal confirmed that there is no duty on local planning authorities in Wales to adopt a local development plan which an inspector upon examination has recommended for adoption. Case reports include One Medicare v NHS Northamptonshire ICB, concerning contractual and regulatory framework governing the provision of healthcare services and the responsibilities of NHS bodies in ensuring compliance with statutory duties; R (Ivory) v Welwyn Hatfield BC, where the Court...
This week’s edition of Private Client highlights includes: (1) P, Re (Property & Affairs Deputyship: Jurisdiction), a Court of Protection involving jurisdiction to remove a deputy; (2) Bonham v Stringer, a case where the court decided that rectification of an error in a Will was not required; (3) Malik v Messalti, an insolvency case which considered the transactions defrauding creditors rules in relation to hypothetical future creditors; (4) industry bodies respond to the government’s proposal to bring pensions within the scope of IHT; (5) Scotland’s Office of the Public Guardian announces a new Power of Attorney case management system; (6) CIOT’s response to the HMRC consultation on ‘Simplifying the Taxation of Offshore Interest’: and (7) publication of the 2025 issue of Halsbury’s Ecclesiastical Law.
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