Administrative powers meaning

1. Settlor Gather the following details about the settlor (or each settlor, where there is more than one): full name and courtesy title status date of birth address domicile nationality usual residence a schedule of assets and liabilities (for this purpose, a separate schedule is useful) 2. Name of the trust Confirm with the settlor what the trust should be named 3. ...

This Checklist should be read in conjunction with the Practice Note: Block transfer orders—the law and practice. Read this Checklist alongside the Practice Note: Block transfer orders—the law and practice. There are three principal scenarios that necessitate a block transfer of office-holder appointments: where an office-holder dies on the retirement of an office-holder from practice where an office-holder is otherwise unable or unwilling to continue in office. This may happen if an office-holder moves firms, or loses their licence to practise as a result of regulatory action The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 12.35–12.38, govern applications to the court for the block transfer of cases from one office-holder to another. The block transfer application process applies to the following types of appointment: compulsory liquidation (winding up by the court) voluntary liquidation (both members’ voluntary liquidations and creditors’ voluntary liquidations) administration bankruptcy voluntary arrangement (both company voluntary...

Appointment of new trustee What are the eligibility criteria? Trustees must be appointed in line with the charity’s governing document as well as the general law. Begin by reviewing the governing document, which may cap the number of trustees or stipulate age limits. Anyone under 18 cannot act as a trustee of an unincorporated association or a charitable trust. Individuals aged 16 or over may serve as company directors and, consequently, can be charity trustees of a charitable company...

This diagram outlines the procedure and process for reinstating a company on the company register through the administrative restoration procedure where it has been removed by the registrar under its powers to strike off a defunct company, as provided for in the Companies Act 2006 (CA 2006). View or print a full-sized PDF version:...

See Q&A: Can an executor make a deduction from a residuary beneficiary’s share in respect of loss that the residuary beneficiary has caused to the estate without an order of the court? Acting as an executor is a weighty responsibility and brings potential personal exposure and risk, alongside a considerable administrative burden, although this may at times be delegated to a solicitor appointed by the executor. Executors hold both common law and statutory powers and duties. The common law powers are fiduciary in character and therefore may only be exercised for the benefit of the estate as a whole and in good faith. Specific fiduciary responsibilities include the duties: ...

In this issue: Brexit highlights Post-Brexit transition guidelines Brexit SIs Constitutional and administrative law Subsidy control and State Aid Judicial review Equality and human rights Other Public law news Daily and weekly news alerts Dates for your diary Trackers New and updated content Useful information Brexit highlights EAC sets out recommendations on future of UK-EU data adequacy The House of Lords European Affairs Committee (EAC) has issued a letter to the Secretary of State for Science, Innovation and Technology, Peter Kyle, summarising the principal conclusions and recommendations from its inquiry into UK‑EU data adequacy. It found that the loss of EU data adequacy in June 2025 would bring substantial costs and added administrative burdens for businesses and organisations, create obstacles to international trade and economic co‑operation, and detrimentally affect Northern Ireland under the Belfast/Good Friday Agreement and the Windsor Framework Agreement. The EAC therefore advises that the government engage with...

In this issue: Public Law case law quarterly Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Equality and human rights Information law Subsidy control and State aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&A Useful information Public Law case law quarterly Public Law case law quarterly—Q1 2024 The Lexis+® Public Law team’s quarterly round-up presents key decisions and commentary from the last quarter. This issue features: a Court of Appeal ruling examining how redaction aligns with the duty of candour in judicial review; a Scottish judgment on when courts may refuse to give effect to a statutory provision; and a significant procurement case clarifying the threshold of ‘sufficiently serious’. See News Analysis: Public Law case law quarterly—Q1 2024... Brexit SIs Pressure Equipment (Safety) (Amendment) Regulations 2024 SI 2024/490: Made under...

This Practice Note sets out the principal steps for properly bringing to an end a defined contribution (DC) occupational pension scheme—also described as a money purchase occupational pension arrangement or a trust-based defined contribution plan. Throughout this Practice Note, this type of arrangement is termed a ‘DC scheme’. The guidance applies across a range of DC schemes, including trusts that sit outside the authorised master trust framework and small self-administered pension schemes (SSASs), although the latter may, in certain cases, be excluded from particular statutory obligations or requirements. This Practice Note does not cover the winding-up of any: an ‘authorised master trust’ under the Pension Schemes Act 2017 (PSA 2017)—for further detailed information, please see Practice Note: The authorisation and supervisory regime for master trusts, contract-based DC arrangements (eg group personal pension arrangements)—for further details and guidance, see Practice Note: Winding up of personal pension schemes Statute makes distinct and specific provision for hybrid schemes (combining defined benefit (DB) and DC...

This Practice Note This Practice Note sets out how the Prudential Regulation Authority (PRA) conducts its formal administrative procedures under the Financial Services and Markets Act 2000 (FSMA 2000), with particular emphasis on Part XXVI (Notices), alongside the PRA’s statements of policy and procedure for reaching decisions... Outcomes may involve supervisory steps—such as varying or imposing requirements—or formal enforcement, including a public censure or a financial penalty, directed at PRA‑authorised firms or individuals... It explains the PRA’s decision‑making routes for issuing statutory notices under FSMA 2000, namely: Supervisory Notices Warning Notices Decision Notices Final Notices Notices of Discontinuance The Note also sets out how subjects can make representations, including orally, at a hearing before PRA decision‑making bodies such as the Supervision, Risk and Policy Committee (SRPC) or the Enforcement Decision Making Committee (EDMC)... The Securitisation Regulation 2024 (SI 2024/102) broadened the PRA’s enforcement remit to cover firms engaged in securitisation that are not PRA‑authorised. Under the...

The 21st century has delivered vast pieces of primary legislation, exemplified by the Companies Act 2006 with its 1,300 sections and 16 Schedules. In parallel, the yearly volume of statutory instruments has expanded, rising from 1,664 in 2008 and peaking at 3,485 in 2014. Totals then declined from 2016, with 1,387 passed in 2018. Even so, the growing length of Acts of Parliament and the surge from 100 or fewer statutory instruments to more than 1,000 a year beginning in 1970 and 1972 underline the mounting codification of UK law and a persistent shift towards secondary legislation. Getting started The Office of the Parliamentary Counsel’s Drafting Guidance is an essential reference, particularly for primary legislation. Alongside practical advice on drafting and the legislative process, it sets out the rationale behind modern drafting approaches. The guidance covers: the overarching drafting principle of clarity specific language issues, including gender neutrality commonly employed drafting techniques drafting repeals, amendments and modifications of existing enactments subordinate...

FORTHCOMING CHANGE: Potential changes to Wills Act 1837 The Law Commission’s review of wills culminated in a final report on 16 May 2025. Volume II contains a Draft Bill proposing replacement of the Wills Act 1837. For details of these proposals, including the published draft legislation, see Practice Note: Hot topic—modernising Wills and Modernising wills: Final Report Volume II: Draft Bill for a new Wills Act. STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime The Finance Act 2025 (FA 2025), which received Royal Assent on 20 March 2025, implements the abolition of the remittance basis and introduces a residence-based regime from 6 April 2025. FA 2025 makes residence, rather than domicile, the main determinant of liability to inheritance tax. changes to the rules defining excluded property status; removal of protected settlements status for offshore trusts; and modifications to overseas workday relief. For further information, see Practice Notes: The abolition of the remittance basis of taxation...

FORTHCOMING CHANGE: Potential changes to Wills Act 1837 On 16 May 2025, the Law Commission’s review of Wills published its final report, formally setting out its conclusions, with Volume II containing a draft Bill intended to supersede the Wills Act 1837. For details of these proposals, including the published draft legislation, consult Practice Note: Hot topic—modernising Wills and Modernising wills: Final Report Volume II: draft Bill for a new Wills Act. STOP PRESS: Ending the non-dom regime and moving to a residence-based IHT regime. The Finance Act 2025 (FA 2025), which obtained Royal Assent on 20 March 2025, enacts legislation for the removal of the remittance basis of taxation and substitutes a residence-based system commencing on 6 April 2025. It also displaces domicile as the principal determinant of inheritance tax (IHT) liability for individuals. Further measures cover revisions to the rules for excluded property status, the removal of protected settlements status for offshore trusts, and alterations to overseas workday relief as applicable. For more on these reforms, see...

[Your ]Will—[ name of testator ]—[ explanatory note ] This [ explanatory note ] sets out the key provisions of your Will in plain language. Please review it carefully alongside your Will. If anything does not match your wishes, please inform [ me OR [ name of person to contact ] ] [ before you sign. ] . 1 Revocation When you execute this Will, all earlier Wills and codicils concerning [ your UK estate OR your worldwide estate ] are cancelled. As a result, only this Will records your wishes on death in relation to [ your UK estate or OR your worldwide estate ] . [ The Will is made in contemplation of marriage/civil partnership to [ name of intended spouse/civil partner ] [ and will only take effect if the marriage/civil partnership takes place ] ....

Various statutes govern the exercise of trustee powers. A range of statutes regulates how trustee powers are exercised. For the purposes of this response, it is taken that the trust contains no special or unusual terms or purposes. In those circumstances, the Trustee Act 1925 (TA 1925) and the Trustee Act 2000 (TrA 2000) are likely to be the principal statutory frameworks. As a general rule, there will be no more than four trustees (TA 1925, s 34), and trustees are under a duty to reach decisions that accord with the trust’s purposes and powers. They must act in good faith and eschew conflicts of interest. Decisions should be taken on an informed footing, and the usual position for private trusts (as opposed to, for instance, charitable trusts) is that trustees are required to act unanimously rather than by majority...