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A person who has been elected by the local government electors for that area to stand as their councillor.
To qualify to serve as a councillor, a person must meet a number of requirements regarding age, residence and citizenship as set out in the Local Government Act 1972 (LGA 1972), s 79. Certain people are disqualified from being a local authority member, under LGA 1972, s 80. Members are elected for a four-year term unless they are elected at a by-election, in which case they must stand again at the next election.
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Cash searches—checklist Code of Practice The search powers covered in this Checklist are subject to the Recovery of cash: search powers, code of practice under section 292. Cash search powers A police, immigration, customs, Serious Fraud Office (SFO) officer or an accredited financial investigator (the relevant officer) may only exercise the power to search where the following criteria are met: Premises • the relevant officer must already have lawful authority to be present on the premises either under another statutory power or by invitation • the relevant officer must have reasonable grounds to suspect that cash is on the premises that is either recoverable property or is intended for use in unlawful conduct, see Practice Note: Cash searches under the Proceeds of Crime Act 2002 • the relevant officer must have reasonable grounds to suspect that the amount of cash is greater than the statutory minimum amount of £1,000 Vehicles • it must appear to the relevant officer that the vehicle is under the control of a person (ie the...
Governing law and jurisdiction clauses in commercial contracts―checklist This Checklist of resources sets out some of the issues when considering governing law and jurisdiction in the context of commercial contracts. Governing law and jurisdiction clauses are categorised as boilerplate clauses in an agreement. For more information on boilerplate clauses, see: Boilerplate clauses—overview. For details about the role of boilerplate clauses and approaches to reviewing and drafting common boilerplate clauses, see Practice Note: The role of boilerplate. A governing law clause (also known as an applicable law clause) is used to allow the parties to specify the substantive law that will apply to the interpretation of an agreement and, in the event of a dispute, in relation to it. For an example of a governing law clause, see Precedent: Governing law clause. The applicable law clause in a contract will usually be set out alongside a jurisdiction clause. It is important to note that jurisdiction and governing law are separate issues. A jurisdiction clause is necessary to allow the parties to...
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Marketing authorisations: EU decentralised procedure—flowchart No medicinal product may be placed on the market unless it has been approved. This Flowchart outlines the procedure for obtaining an approval known as a marketing authorisation (MA) through the EU decentralised procedure. The decentralised procedure is used to obtain MAs for medicinal products in more than one EU Member State in parallel. A medicine may only be authorised in individual Member States in parallel if it is not mandated to be authorised via the centralised procedure (ie products containing new active substances; products which constitute a significant therapeutic, scientific or technical innovation or products for which the granting of an EU authorisation would be in the interest of patients or animal health at EU level) and medicines that have not received an MA in any Member State already at the time a decentralised application is
Enforcing judgments in cross-border disputes—flowchart This Flowchart considers how to enforce a judgment in a cross-border dispute within the EU. It only considers regulations applicable between EU Member States and therefore it does not consider any potential international conventions. In addition to the European procedures, the Flowchart also refers to the enforcement provisions of Regulation (EU) 1215/2012 (Brussels I (recast)). Article 39 of Regulation (EU) 1215/2012 provides that a judgment given in an EU Member State which is
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Council members for a principal area are elected by the local government electors for that area. Every non-metropolitan county is divided into electoral divisions, and every metropolitan and non-metropolitan district is divided into wards, each returning a specified number of councillors. The electoral arrangements for each principal council are reviewed from time to time or upon request.There must be a separate election for each electoral division or ward.Members serve a four-year term.Local authorities have three options for the frequency of elections:•whole council elections: members hold office for four years; the elections are held every fourth year; all the members are elected in each year in which the elections are held, and they all retire together•elections by halves: members hold office for four years; the elections are held every two years; one-half are elected in each year in which the elections are held, and one-half retire in each election year•elections by thirds: members hold office for four years; the elections are held in every three out of those four years; one-third...
This Practice Note refers only to the law in England; note that different provisions apply to Wales.The public has a right to expect high standards of conduct from their elected members. Up to 1 July 2012, local authority (LA) members had to comply with the ethical standards framework under Part III of the Local Government Act 2000 (LGA 2000) that built on recommendations in the Third Report of Lord Nolan's Committee on Standards in Public Life.The Localism Act 2011 (LA 2011) amends LGA 2000, so that Part III only applies to Wales, and makes fundamental changes to the system of regulation of standards of conduct for elected and co-opted councillors in England from 1 July 2012. The provisions of LA 2011 apply to 'relevant authorities', which include a county council in England, a district council, a London borough council, a parish council and the Greater London authority.Though the Local Authorities (Model Code of Conduct) Order 2007, SI 2007/1159 was repealed on 1 July 2012, and members no longer have to...
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Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Claim means a claim by the Buyer for any breach of the provisions of this Agreement (including a claim for breach of the Warranties); Data Room means the data room relating to the [Company OR Group] comprising all contracts, agreements, licences, documents and other information made available to the Buyer and its advisers, as listed in the Data Room index attached to the Disclosure Letter; The ScheduleLimitations on the Warranties ...
Produced in partnership with Pamela Todd, Partner of Harper Macleod LLP
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How might the European Commission proposal for new conflict of law rules for assigned claims impact the secondary loan market? Summary This Q&A refers to the European Commission’s proposal for a Regulation on the law applicable to the third-party effects of assignments (the Proposal) published on 12th March 2018, which could have an impact on the market for trading participations in syndicated and bilateral loans. Both of the Loan Market Association (LMA) and the City of London Law Society made representations asking for the Proposal to be shelved or at least amended to accommodate current market practice in the secondary loan market. Their representations are available on their respective websites. It is fair to say that in its original form the Proposal would have disrupted the secondary loan market by making due diligence on the part of a buyer much more complicated for the reasons given below. The UK indicated on 9 July 2018, shortly after publication of this Q&A, that it would not opt in...
Where child maintenance is currently payable under the statutory scheme, but the parent with care intends to move with the child to another EU country, can the courts in England and Wales make an order for maintenance prior to the relocation for both maintenance and school fees and would that order be enforceable after the relocation? Will the position be different if the UK leaves the EU? Child maintenance is, as a general rule, governed by the Child Maintenance Service (CMS) and the court does not have jurisdiction to make any order in relation to this, save in certain circumstances. This is set out in section 8 of the Child Support Act 1991 (CSA 1991), which provides that: ‘(1) This subsection applies in any case where a child support officer would have jurisdiction to make a maintenance assessment with respect to a qualifying child and an absent parent of his on an application duly made by a person entitled to apply for such an assessment with...
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Ireland—Banking & Financial Service analysis: This article, was written by Shane Kelleher & Louise McNabola of William Fry LLP.
The Financial Markets Standards Board (FMSB) has published its final Standard for Sharing of Standard Settlement Instructions (SSIs), aiming to enhance the adoption of electronic solutions for standardising and pre-authenticating settlement instructions, facilitating straight-through-processing, and improving SSI management efficiency to reduce settlement failures. When electronic solutions are not feasible, the Standard provides templates for manual sharing of SSIs, designed with ISITC(headquartered in North America and formerly known as the International Securities Association for Institutional Trade Communication) and based on ISO 20022 taxonomy to minimise ambiguity and automate data ingestion.
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