Guardian Definition

GLOSSARY

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What does Guardian mean?

A person with parental responsibility for their child may appoint another individual to be the child's guardian in the event of their death. A guardianship appointment will only take effect on the death of the person with parental responsibility if at that time there is no other person with parental responsibility for the child.

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Obtaining authorisations for communications data for local councils—checklist

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

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...

Money Laundering Regulations 2017—CDD quick reference guide—individuals

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]

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...

Discover our 481 Practice Notes on Guardian

Explanatory note for a client’s will to spouse absolutely, then to children absolutely

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...

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

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...

Dive into our 76 Precedents related to Guardian

Can grandparents enter into a parental responsibility agreement?

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?

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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Family weekly highlights—5 December 2024

This week's edition of Family weekly highlights includes details of the first Family Court annual report a decade after its establishment, new Supreme Court Practice Directions and further details of the domestic abuse protection order pilot. Recent judgments on parental orders, care orders and special guardianship orders are considered. The suite of new flowcharts added to Family practical guidance in 2024 are also set out.

Local Government weekly highlights—5 December 2024

This week's edition of Local Government weekly highlights includes: expert analysis on the decision in Welsh Language Commissioner v National Savings and Investments, where the Welsh Language Commissioner challenged the decision to withdraw its Welsh language scheme despite the Commissioner's recommendation. Case reports include the decisions in QA v SOS for FCDO, where the High Court quashed the SOS’s decision on Afghan resettlement due to bias concerns; ZHB v Cardiff City Council, in relation to age assessment; A Local Authority v W, where the Family Court ruled on the threshold criteria for infant's care proceedings despite the mother's pre-birth death; South Tyneside Council v E, where the Family Court granted special guardianship to the maternal uncle in UAE despite the challenges; the Court of Appeal’s decision in Sashi Shashikanth v NHS Litigatin Authority, on the adjudicator's decision on NHS contract dispute; Wallis v North Northamptonshire Council, where the High Court dismissed the out-of-time judicial review claim against planning permissions; and SOS for Work and Pensions v Versnick, where the Court...

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GLOSSARY