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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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Grounds for challenge in a public procurement process—checklist This Checklist examines the grounds for challenge in a public procurement process. Procurement challenges are restricted by time limits and bidders need to be aware of how to rectify any breaches as soon as possible. This Checklist sets out the limitation period under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 and the relevant factors that can affect the date this starts. This Checklist also pinpoints potential grounds for challenge in relation to Selection Questionnaires, invitations to tender and standstill letters. Limitation in public procurement proceedings Procurement challenges are subject to relatively short limitation periods. It is therefore important that bidders are alive to potential breaches arising during the procurement process itself. Where a breach occurs, an analysis as to what, if any, action the bidder wishes to take must be undertaken quickly. The courts have consistently held that a bidder that chooses to sit on its hands and await the outcome of the procurement process will not be able to...
Privilege in criminal investigations—checklist The following are only suggested guidelines, given that each criminal investigation will turn on its own facts. This Checklist should be read in conjunction with Practice Notes: Legal Professional Privilege in criminal proceedings and Maintaining privilege during criminal investigations. Confidentiality is key and must be maintained. If a document or communication was not confidential when it was first made, or if it loses its confidentiality, it will generally not attract Legal Professional Privilege (LPP). In order to assert privilege, careful consideration should be given to whether it is legal advice privilege or litigation privilege which is being asserted, and different considerations will apply to each. Steps to maintain legal professional privilege At the outset In the event that the client seeks advice before the criminal investigation commences: Legal advice privilege • consider whether legal advice privilege applies, ie: ◦ is the communication confidential? If yes ◦ is the communication sent by a lawyer to their client or vice versa? If yes ◦ is the communication made...
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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 also 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 Executive Leader and Cabinet Model:◦the Council, comprising all councillors, elects an Executive Leader, who appoints a maximum of nine other councillors as members of the Executive (or ‘Cabinet’)◦each Cabinet Member has a specific area of responsibility◦the Executive Leader is elected by full council for a term determined by the council, or on a four yearly basis◦certain ‘non-executive’ functions are reserved to Council by the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, SI 2000/2853. These can largely be delegated to committees and to officers◦under the provisions of the Local Government Act 2000, all other functions of the authority fall to the...
Reporting on the findings of the due diligence review in a private equity buyout transaction This Practice Note is part of the Lexis+® UK Corporate private equity buyout transaction toolkit. The reporting process Each adviser engaged to conduct due diligence should both report their key findings (especially any key issues and problems) as they are discovered and also then prepare a due diligence report to highlight material issues arising from their review exercise. The advisers’ engagement letters should set out the agreed timing, form and content of the due diligence report. Draft or interim reports may be prepared and circulated periodically throughout the process, so that material issues can be dealt with as they arise. Often, by the time the final report is submitted to the private equity investor, the investor will be aware of all material issues which may affect the transaction. The purpose of a legal due diligence report is to: • give the investor sufficient information about the target and to summarise that information...
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Unapproved share option agreement—standalone deed for employee This AGREEMENT is made on [insert date of execution of the share option agreement] Parties 1 [insert name of company whose shares are being granted under option] (registered number [insert registered number of company]) whose registered office is at [insert registered address of company] (the Company);[and] 2 [insert name of option holder] of [insert address of option holder] (the Option Holder) [and] 3 [[insert name of grantor (if different from company)] of [insert address of grantor] (the Grantor)] Background (A) [The Company has agreed to grant to the Option Holder as at the date of this Agreement an Option to acquire Shares on the terms set out in this Agreement. OR The Company and the Grantor intend that, as at the date of this Agreement, the Option Holder be granted an Option to acquire Shares on the terms set out in this Agreement.] (B) [The Company will satisfy the exercise of the Option by transferring or procuring the...
Special administration—witness statement in support of application for special administration Applicant [NAME OF WITNESS] First Witness Statement Date: [] Exhibit [XX1] Court Reference No: [INSERT COURT REF. NUMBER] [ IN THE HIGH COURT OF JUSTICE] BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT LOCATION]] [COMPANY & INSOLVENCY LIST (ChD)] OR [IN THE COUNTY COURT AT [INSERT LOCATION]] [BUSINESS AND PROPERTY COURTS LIST] OR [IN THE HIGH COURT OF JUSTICE] [CHANCERY DIVISION] OR IN THE MATTER OF [INVESTMENT BANK NAME] AND IN THE MATTER OF THE INVESTMENT BANK SPECIAL ADMINISTRATION REGULATIONS 2011 AND IN THE MATTER OF THE INSOLVENCY ACT 1986 _________________________________________ WITNESS STATEMENT OF [WITNESS NAME] ___________________________________________ I, [witness name], director [and chairperson] of [investment bank name] of [investment bank address] WILL SAY AS FOLLOWS: 1 I am [a director and] [the chairperson] of [investment bank address] with company number [company number] (the Company). The Company is a wholly-owned subsidiary of [insert details], a company incorporated in [location]. It is in...
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Is the use of ‘and/or’ considered best drafting practice in commercial agreements? How do the courts interpret the use of this phrase? Where parties disagree on the meaning of an incorporated term, it will be the task of the court to objectively construe the meaning of the term, having regard to the words used, the contract as a whole and the relevant factual background known to the parties at the time of contracting. Where parties have reached agreement, a court will strive to give that agreement meaning. It is therefore important that the meaning of any phrase incorporated into a commercial agreement is clear and unambiguous. General contract interpretation The leading statement on interpretation of contracts is Lord Hoffmann’s statement in Investors Compensation Scheme v West Bromwich Building Society. For further reading on Hoffman’s five key principles, see Practice Note: Contract interpretation—the guiding principles. In summary, these five principles have be adequately described by Lord Bingham in BCCI v Ali: ‘To ascertain the intention of the parties the...
Following the merger of two companies, where there are concerns about the performance of a director of one of the subsidiaries, is it possible for the directors of the holding company to instigate the introduction of new service agreements and key performance indicators for the directors of both subsidiary companies, to include the right to terminate contracts based on performance? Where an employer is seeking to introduce new service agreements for existing directors, as for any employment contract, this will amount to a change in the terms and conditions of employment for those directors. Like any other contract, an employment contract or service agreement may be amended at any time either: • in accordance with the terms of the contract itself • with the agreement of the parties to the contract For information on the legal and practical considerations that arise when changing terms and conditions of employment, see: • Practice Note: Changing terms and conditions of employment • Checklist—changing terms and conditions of...
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The Financial Conduct Authority (FCA) has appointed Sarah Pritchard as deputy chief executive to manage its expanding responsibilities, which now include oversight of the Payment Systems Regulator, regulation of stablecoin and crypto firms, and buy now pay later activities. Pritchard, who joined the FCA in June 2021, previously led the supervision, policy and competition division as well as the markets’ function, and has overseen reforms including the overhaul of the listing rules. In her new role, she will also be responsible for the FCA’s international work, supporting efforts to enhance UK growth and competitiveness.
Law360: The Pensions Regulator (TPR) has said it will look to other regulators and governance standards for guidance to ensure that pensions trusteeship is ready for the 'transformational' impact of reforms that have recently been announced.
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