Authorised person meaning

Background Statutory declarations form an essential component of insolvency processes, arising most frequently when a company proceeds by members’ voluntary liquidation (MVL) under section 89 of the Insolvency Act 1986 (IA 1986), and also when administration is commenced by an out-of-court appointment in accordance with the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17. Section 20 of the Statutory Declarations Act 1835 (SDA 1835) sets out the required form of the declaration, as contained in the Schedule to that Act. Under SDA 1835, s 19, a fee is payable, the amount of which is fixed by the Commissioners for Oaths (Fees) Order 1993, SI 1993/2297. The fee is £5 for taking an affidavit, declaration, or affirmation, together with an additional £2 for each exhibit referred to therein that must be marked, or for every schedule that is required to be marked. Save for prescribing the template of the statutory declaration and making provision for the relevant fees, no further formal requirements are stipulated. Accordingly, the...

The Criminal Justice Act 2003 (CJA 2003) Under the Criminal Justice Act 2003 (CJA 2003), a different route for commencing criminal proceedings in England and Wales was established. In place of laying an information before a justice of the peace to obtain a summons securing the defendant’s attendance, this approach requires public prosecutors to issue a written charge and serve it on the defendant and the court, together with a requisition directing the person to attend a magistrates’ court to answer the written charge. See Practice Note: Commencing criminal proceedings—written charge and requisition or single justice procedure notice. Only public prosecutors authorised under CJA 2003, s 29(5) are permitted to commence criminal proceedings by this means. The table below sets out those public prosecutors who must now proceed by using the written charge and requisition or a single justice notice procedure...

Is listed building consent required? Section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) in England, and section 88 of the Historic Environment (Wales) Act 2023 (HE(W)A 2023) in Wales from 4 November 2024, provide that no person may carry out, or cause to be carried out, any works comprising: the demolition of a listed building; or its alteration or extension in any way that would affect its character as a building of special architectural or historic interest, unless those works are authorised by listed building consent. Whether proposed works affect the building’s character is a matter of individual judgement, and opinions may vary between the owner, interested parties and the local planning authority (LPA). Alterations that do not require planning permission may still need listed building consent; for instance, internal changes that are not ‘development’ within section 55 of the Town and Country Planning Act 1990 can nonetheless require listed building consent...

In mid-October 2024, the FCA flagged 38 concerns about social media profiles run by UK finfluencers that may feature illegal promotions, and it is questioning 20 of them under caution. Back in May 2024, the regulator stated it had brought charges against nine people linked to an unauthorised foreign exchange trading programme advertised online. According to Andrew Northage, a partner in the regulatory and compliance team at Walker Morris LLP, the FCA likely believed that the public attention from a case involving seven high-profile, UK-based defendants would serve as a warning; however, he added, such a warning is less likely to dissuade promoters and operators of illicit schemes located outside the UK, who know how hard it is for the FCA to pursue them. Overseas rules breaches The FCA’s guidance confirms that its social media financial promotion rules extend to overseas firms. These businesses must ensure that any promotion reaching investors in Britain is approved by an authorised person, mirroring the UK regime. Yet jurisdictional constraints...

Mazur and another v Charles Russell Speechlys LLP and another (Chartered Institute of Legal Executives and others, intervening) [2026] EWCA Civ 369 What are the practical implications of the case? Many across the profession are likely to applaud the outcome and the reversal of the High Court’s ruling. That said, the sector should pay close attention to Lady Justice Andrews’ caution. Where, in truth, litigation is carried on by an unauthorised individual, other than for and on behalf of an authorised person, an offence is committed. The judge is plainly alluding to the LSA 2007, s 14, which criminalises undertaking a reserved legal activity without entitlement. Beyond that warning, the judgment leaves several issues unresolved. There is still no settled meaning of ‘conduct of litigation’. The Court of Appeal considered that, on the submissions made, they were not sufficiently assisted to craft a definition. Save for the particular illustrations given of steps that would not amount to conducting litigation, the concept remains largely open to construction. In addition,...

In this issue: Social housing Children's social care Governance Public procurement Social care Local government finance Licensing Planning Daily and weekly news alerts New and updated content Social housing Rent repayment orders and ‘person managing’ (Global 100 v Ross and others) Global 100 appealed to the Upper Tribunal (Lands Chamber), challenging a First-tier Tribunal (FTT) ruling which had allowed the respondent property guardian’s application for rent repayment orders (RROs) under section 43 of the Housing and Planning Act 2016 (HPA 2016). The London Borough of Haringey had entered into a contract with GGM concerning a council-owned building to provide live-in property guardianship services. In turn, GGM authorised its related company, Global 100 (G100), to issue licences to live-in guardians, a group that included the respondents to the appeal. No payments were made by the respondents to the Local Authority; instead, the authority received only a monthly sum from GGM. The respondents brought proceedings...

Practice Note This Practice Note explores what amounts to a protected disclosure for the whistleblowing protections in the Employment Rights Act 1996 (ERA 1996), into which the relevant provisions of the Public Interest Disclosure Act 1998 (PIDA 1998) have been incorporated. It addresses the general features of disclosures, when they qualify as qualifying disclosures, the need for a whistleblower to hold a reasonable belief that a relevant category of wrongdoing has occurred, and that the disclosure serves the public interest, where appropriate and necessary. It further considers when qualifying disclosures obtain protection and identifies the prescribed persons (people) to whom a disclosure may properly be directed. In addition, the Practice Note summarises the reporting obligations placed on certain prescribed persons to produce an annual written report concerning the workers’ disclosures received by them...

The general prohibition Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), no person may undertake regulated activities in the UK unless they are authorised or fall within an exemption. This is referred to as the general prohibition. For guidance on the territorial reach of this restriction, see Practice Note: Territorial scope of the prohibition. Under FSMA 2000, s 31, an authorised person is one who: has been granted permission by the Financial Conduct Authority (FCA) or the Prudential Regulation Authority (PRA) under FSMA 2000, Pt 4A to carry on specified regulated activities; or is a Gibraltar-based person with a Schedule 2A permission to carry on one or more regulated activities. Please note that this latter provision, inserted by section 22(1), (2) of the Financial Services Act 2021, is not yet in force...

Meaning of ‘non-executive director’ The broad definition of ‘director’ is not closed. Under the Companies Act 2006 (CA 2006), a director is any person who occupies the office of director, whatever title they hold. Accordingly, this covers both executive and non-executive directors (NEDs). Executive directors are typically authorised, either by the company’s constitution or by authority delegated from the board, to manage the company’s day-to-day affairs, and they usually have a full-time service contract. NEDs generally: have no executive powers play a pivotal role in the company’s corporate governance are not employees of the company There are a number of challenges around granting shares to NEDs. This Practice Note considers the issues to assess when offering shares or share-based remuneration to NEDs, including: the potential impact on the NED’s independence the share dealing provisions of Assimilated Regulation (EU) 596/2014 for the UK, and the Market Abuse Regulation (Regulation (EU) 596/2014) previously and for the EU ...

[ GP OR Doctor ] Dear Dr [ insert name ] Client nameClient addressClient date of birth I represent [ insert client’s name ] in connection with a lasting power of attorney (LPA) for their health and care. I seek to determine whether they possess the necessary mental capacity to sign and execute the document, and I understand that you are their general practitioner (GP)/medical practitioner. For this assessment, the person should be able to clearly show they can comprehend the information relevant to reaching the decision at hand, fully. In this context, that covers: what a lasting power of attorney is their reasons for creating a lasting power of attorney whom they are appointing and the reasons for that appointment, and which powers they are granting to their attorney They must also appreciate that the document requires proper registration before it can be used, and that their attorney will only be authorised to make health and...

ORDINARY RESOLUTION [ That approval be given, in accordance with section 198 of the Companies Act 2006, for a quasi-loan in the sum of [ insert amount of quasi-loan ], to be advanced by [ insert name of subsidiary company ] to [ insert name of director ], a director of the Company. OR That the [ guarantee OR security ] to be provided by [ insert name of subsidiary company ] in relation to a quasi-loan of [ insert amount of quasi-loan ] by [ insert name of person who has given or is giving the quasi-loan ] to [ insert name of director ], a director of the Company, be authorised pursuant to section 198 of the Companies Act 2006. OR That the [ insert details of arrangement falling within the definition of ‘related arrangement’ in section 203(1) CA 2006 ] be authorised in accordance with section 203 of the Companies Act 2006. ]...

[ insert company name ] [ LIMITED OR PLC ] (the Company) At a meeting of the Company’s board on [ insert date ], it was resolved that [ [ insert name of single corporate representative ] OR the persons named below ] are appointed as the Company’s corporate representative[ s ] [ for the shares shown next to each name ] to act for the Company [ in person or by remote electronic means ] at the annual general meeting of [ insert company name ] PLC on [ insert date ] at [ insert time ] at [ insert address ] [ , and also via the electronic facilities available through [ insert URL of virtual meeting platform ] (the Virtual Meeting Platform ) ] [ : OR . ] Name Shares [ insert name of multiple corporate representative ] — [ insert number and class of shares for which the representative is appointed ] I certify this is a...

Section 17 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that: (1) This provision applies where a person (“the former tenant”) has, as a consequence of an assignment, ceased to be the tenant under a tenancy, but either: namely that (a) in the context of a new tenancy, has, under an authorised guarantee agreement, guaranteed his assignee’s performance of a tenant covenant of that tenancy under which any fixed charge is payable; or (b) in relation to any tenancy, still remains obliged by that covenant under that tenancy, notwithstanding assignment...

The regulation of consumer credit Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), no one may perform a regulated activity, or even hold themselves out as doing so, within the UK unless they are an authorised person—authorised by the Prudential Regulation Authority and/or the Financial Conduct Authority (FCA)—or an exempt person, for example as an appointed representative. For a high-level outline of the UK regulated activities regime, see Practice Note: What are regulated activities? An activity is regulated where it is of a ‘specified kind’—that is, specified in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO), SI 2001/544—and is carried on by way of business...

A disabled person’s trust A disabled person’s trust benefits from distinctive inheritance tax (IHT) treatment. To access this favourable regime, certain qualifying requirements must be satisfied. Specifically, the trust must be one of the forms authorised by section 89 of the Inheritance Tax Act 1984 (IHTA 1984), taking account of subsequent amendments to IHTA 1984, and there must be a qualifying disabled beneficiary. For IHTA 1984 purposes, the criteria a beneficiary must satisfy to be treated as a disabled person are set out in IHTA 1984, s 89(4A), together with Schedule 1A to the Finance Act 2005 (FA 2005), which prescribe the relevant tests and definitions...