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A person who has parental responsibility for, or one who cares for, a child or young person.
Parents are usually the biological mother and father of the child or young person, but, parental responsibility can be acquired by a person who looks after a child's safety and welfare. See Education Act 1996 s 576 and The Children Act 1989 ss 2 and 3.
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Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...
DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...
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This Practice Note sets out the jurisdiction of the court to make a periodical payments order for a child (maintenance provision) under Schedule 1 to the Children Act 1989 (ChA 1989) and details what orders may be made, who may apply and the circumstances in which an order may be made for a child over the age of 18. It also considers matters the court will have regard to, the position in relation to half siblings and relevant case law.Most child maintenance will be dealt with by the Child Maintenance Service (CMS), see Practice Notes: Statutory child support scheme and Child support—jurisdiction, however, by virtue of ChA 1989, s 15 and Sch 1, the court has jurisdiction to make a periodical payments order for a child in certain defined circumstances. The majority of such applications relate to parties who have not married or entered into a civil partnership. The issue of whether a periodical payments order under Sch 1 could include an element of ‘carer's allowance’ has been considered and...
This Practice Note explains what a special guardianship order (SGO) is under the Children Act 1989 (ChA 1989) and the courts powers to make an SGO either as a result of an application or of its own initiative. It explains how an SGO confers parental responsibility for a child and also covers the criteria for making an SGO.What is a special guardianship order?A special guardianship order (SGO) is an order appointing one or more individuals to be a child's special guardian. It has been described as 'a half-way house' between residence orders (now child arrangements orders) and adoption orders. The concept of special guardianship relates to the exercise of parental responsibility and not to parenthood.Special guardianship is a private law order but it is available in both private and public law proceedings and will be considered as one of the options for a child in care proceedings. An SGO gives non-parents a more permanent legal status than they would have if they were named in a child arrangements order (CAO)...
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Spousal and civil partner maintenance—client guide This document provides general guidance regarding an application to the court for maintenance on divorce or dissolution of a civil partnership. Your family lawyer will be able to provide specific advice based on your circumstances. Who can apply for maintenance? Either spouse or civil partner may make an application to the court for a spousal or civil partner maintenance order, also known as a periodical payments order. The person making the application is the applicant and the other person is the respondent. A potential applicant must, except in certain specified circumstances, consider with a mediator whether the dispute may be capable of being resolved through non-court dispute resolution. The court will expect all applicants to have complied with these requirements before commencing proceedings and will expect any respondent to have attended a mediation information and assessment meeting (MIAM). For details of the requirement to attend a MIAM see Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs). What happens...
Precedent agreement for employee shareholder shares [Archived] Archived: The ability to offer tax-favoured employee shareholder shares or ESS (commonly used in private equity company arrangements) has now been removed. The government announced in the Autumn Statement 2016, the removal of the following reliefs in relation to ESS shares: • the income tax and NICs relief which applies to the first £2,000 worth of employee shareholder shares received by an individual • the capital gains tax exemption in respect of all or a portion of the ESS shares, and • the provision which ensures that, when a company buys employee shareholder shares back from an employee shareholder, the consideration is not a distribution in the shareholder’s hands The removal of the reliefs applies to any employer shareholder agreements made on or after 1 December 2016. However, any individual who received independent advice regarding entering into an employer shareholder agreement before 23 November 2016 still had the opportunity to enter into the agreement before 1 December 2016 and still...
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I act for a small company which is having trouble obtaining bank finance—would an issue of mini-bonds be a viable alternative? IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for DCM lawyers? [Archived] BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the...
What is the Strong and Simple Framework for UK banks and building societies? What is the Strong and Simple Framework? SDDT Regime—General ApplicationThe Strong and Simple Framework is a regulatory initiative introduced by the Prudential Regulation Authority (PRA) to simplify the prudential framework for small, domestic-focused banks and building societies in the UK, referred to as Small Domestic Deposit Takers (SDDTs). The framework aims to reduce the complexity of regulatory requirements for these non-systemic institutions while ensuring their financial resilience. The framework includes simplified capital, liquidity and remuneration requirements. What are SDDTs? SDDTs must meet the following criteria: • maximum size threshold of £20bn • at least 85% of credit exposures must be to obligors located in the UK • on- and off-balance sheet trading business equal to, or less than, both £44m and 5% of total assets • overall net foreign exchange position equal to or less than 2% of own funds • no use of an internal ratings-based (IRB) model for credit risk • no provision of clearing,...
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The European Data Protection Board (EDPB) has adopted final guidelines clarifying Article 48 of Regulation (EU) 2016/679 (General Data Protection Regulation (GDPR)) regarding data transfers to third country authorities. The guidelines establish that judgements from non-European authorities cannot automatically be enforced in Europe, requiring either an international agreement providing legal basis and transfer grounds, or consideration of alternative legal bases in exceptional circumstances. The updated guidelines include new clarifications on processor obligations and parent company-subsidiary data transfer scenarios. The EDPB has also launched two Support Pool of Experts training initiatives addressing artificial intelligence compliance and data protection requirements.
The European Data Protection Board (EDPB) has adopted final guidelines clarifying the application of Article 48 of Regulation (EU) 2016/679 (General Data Protection Regulation (GDPR)) regarding data transfers to non-European authorities. The guidelines establish that third country authority decisions require international agreements for automatic recognition in Europe. Where no such agreements exist, alternative legal bases may be considered in exceptional circumstances. The guidelines include new provisions addressing processor-specific scenarios and parent-subsidiary data transfer requests where the parent company is located in a third country.
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