Lawful authority meaning

The Investigatory Powers Act 2016 (IPA 2016) revamped the legal regime regulating covert surveillance by public authorities. IPA 2016 superseded large parts of the framework previously, though not solely, contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000). See Practice Note: The regulation of intelligence gathering—an introductory guide. This note outlines the offences introduced by IPA 2016. For details of general sentencing limits in a magistrates’ court, see Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction... Section Offence Statutory defence Maximum sentence IPA 2016, s 3 — Unlawful interception: a person, by conduct in the UK, deliberately intercepts a communication during its transmission without lawful authority. Defence: where the individual has the right to control the operation or use of the system, or had that person’s express or implied consent to carry out the interception. Maximum sentence: on summary conviction, a fine; on indictment, up to two years’ imprisonment and/or a...

Conservation areas are neighbourhoods or districts identified and designated under the Planning (Listed Buildings and Conservation Areas) Act 1990 (in England) and the Historic Environment (Wales) Act 2023 (HE(W)A 2023) as places of particular architectural or historic interest, whose character or appearance it is desirable to protect or enhance. See Practice Notes: Conservation areas in England and Conservation areas in Wales for further guidance. What are the implications of the property being in a conservation area? If the property lies within a conservation area: planning controls are tighter—permitted development rights are generally more limited in conservation areas; some conservation areas may additionally be subject to specific Article 4 directions, which restrict permitted development even further (see: Permitted development—overview and Practice Note: Article 4 directions) in England, conservation area consent is not needed for the demolition of any buildings. Proposals to demolish such buildings are determined by the local planning authority (LPA) via a formal application for planning permission accordingly. See Practice Note: Planning...

Importance of establishing the planning history of a site Where a deal involves creating, acquiring or disposing of any interest in land, confirming whether existing or intended uses or any operational works on that land are lawful is essential. This is because permission for the ‘development’ of land, as defined by section 55 of the Town and Country Planning Act 1990 (TCPA 1990) (see Overview: Is planning permission required?), must be in place unless the works or uses are allowed by a development order, for example the Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (for England) or the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 (for Wales) (see: Permitted development—overview). Failure to obtain planning permission when the law requires it, or failure to comply with conditions attached to a permission, amounts to a breach of planning control, which the local planning authority (LPA) may take enforcement action against (see: Planning enforcement—overview). As all grants of planning permission are decisions made by...

What are the most significant changes introduced by the Act that pension scheme trustees need to prepare for? The most notable reforms in the Act that trustees should be ready for are: Data subject complaints: complaints about the handling of personal data must be acknowledged within 30 days and answered without undue delay. ICO enforcement powers: the Information Commissioner’s Office (ICO) now has authority to compel interviews and require the production of documents to assess compliance. Data subject access requests (DSARs): the Act codifies the ICO’s existing guidance, meaning (i) trustees must apply a ‘reasonable and proportionate’ search standard when responding; and (ii) the ‘stop the clock’ rule pauses the one-month deadline for a response. Automated decision making (ADM): the Act allows reliance on the full set of lawful bases — including ‘legitimate interests’ — when non-special category personal data is used for significant automated decisions about an individual, provided suitable safeguards are in place. ...

PI & Clinical Negligence weekly highlights—23 January 2025 In this issue: Public authorities and the state Costs and funding LexTalk®PI & Clinical Negligence: a Lexis®Nexis community LexisNexis® Webinars Daily and weekly news alerts Useful information Public authorities and the state The police owe no general duty to shield individuals from criminal harm, and foreseeability on its own does not create such a duty. Chief Constable of Northamptonshire Police v Woodcock; HD (by their respective litigation friends) v Chief Constable of Wiltshire Police [2025] EWCA Civ 13 comprised two appeals in the Court of Appeal (Civil Division). Each claim examined whether the police could be liable in damages for not preventing injury inflicted by a third party offender. The appeals were heard together. The Court of Appeal rejected the claims of CJ and others alleging a breach of Article 3 of the European Convention on Human Rights and negligence. The police appeal in Ms Woodcock’s case succeeded. There...

The developer’s privacy notice states that all user information is transmitted to China, where it is retained indefinitely, and it makes no reference to European data protection law or any lawful basis for processing personal data. Although the model’s apparently strong performance on a modest training budget has depressed the share prices of US technology companies, consumer organisations in Europe have begun contacting Italy’s Data Protection Authority (DPA), noted for proactively challenging OpenAI two years ago over comparable issues linked to the launch of ChatGPT. The user terms for the DeepSeek generative AI application, jointly controlled by two Chinese companies, present multiple concerns for authorities responsible for enforcing the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDOR). All personal data is stored on servers located in China. Transfers will be “in accordance with the requirements of applicable data protection laws,” yet those laws are not specified, leaving compliance with European standards uncertain. Data will be retained “for as long as necessary,” again...

STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill secured Royal Assent, transforming into the Data (Use and Access) Act 2025 (DUAA 2025) and taking partial effect on that same date. Provisions of DUAA 2025 dealing with issues such as handling data subject access requests, and granting the power to make further regulations, commenced immediately on 19 June 2025. Other elements, relating to notices issued by the Information Commissioner and certain facets of law enforcement processing, began to apply on 19 August 2025 (being two months from the date of Royal Assent). The bulk of DUAA 2025’s measures will only commence once additional regulations, by way of statutory instruments, are made and brought into force. Parts 5 and 6 of DUAA 2025 operate to revise and update areas of UK data protection and ePrivacy law within the UK, including the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations...

As of 31 January 2020, the UK left the EU and the EEA. This Practice Note introduces: the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) framework (which applied within UK law up to the end of the Brexit implementation period—11 pm UK time on 31 December 2020—and continues to operate across the EEA; therefore, any references in this Practice Note to EEA or EU states should be read as also covering the UK until that period concluded) the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) framework (which applies under UK law from the end of the Brexit implementation period) Where there is no need to draw a distinction, this Practice Note refers to both as ‘GDPR’ for ease. When looking at the routine processing of personal data, the UK GDPR and the Data Protection Act 2018 (DPA 2018) should be consulted together, as both sets of provisions have direct effect. Practitioners will generally...

Highway authorities have a statutory obligation to act to prevent, so far as practicable, the stopping up or obstruction of highways within their areas. This Practice Note sets out guidance on obstructions under the Highways Act 1980 (HiA 1980) arising from placing building works, scaffolding or skips on the highway. For broader coverage of highway obstruction, see Practice Note: Obstruction of highways. For details of the tools available to local authorities to address highway obstructions, see Practice Notes: Local authority powers to manage highway obstructions—criminal offences and Local authority powers to manage highway obstructions—civil remedies. Licences for building works, scaffolding and skips Positioning scaffolding, hoardings or skips on the highway (including pavements) constitutes an obstruction and may amount to a nuisance. Under HiA 1980, s 137(1), a person who, without lawful authority or excuse, wilfully obstructs free passage along a highway commits an offence and is liable to imprisonment for a term not exceeding 51 weeks or a fine, or both. See Practice Note: Obstruction of highways. That...

Power of attorney—private M&A—share purchase—share rights—corporate seller 1 Appointment and powers We, [ insert company name ], a company incorporated in [ England and Wales OR [ insert other country of incorporation ] ] under registration number [ insert company registration number ] with its registered office at [ insert registered address ] (the Seller), acting under a share purchase agreement (the SPA) dated [ insert date ] made between [ , inter alia, ] the Seller [ insert name ] (the Seller) and [ insert name of buyer and its registered number ], whose registered office is at [ insert registered address ] (the Buyer), concerning [ insert number and type of shares ] (the Shares) held by the Seller, both legally and beneficially, in [ insert name of target company and its registered number ], whose registered office is at [ insert registered address ] (the Company), hereby constitute and appoint the Buyer [ and each of its directors for the time being, severally, each ] as...

1 Appointment and Powers 1.1 I, [ insert Manager’s name ] of [ insert Manager’s address ], hereby appoint on [ insert date ] [ jointly OR severally ] [ insert name of attorney ] of [ insert address of attorney ] [ and [ insert name of attorney ] of [ insert address of attorney ] ] [ or failing either of them [ insert name of attorney ] of [ insert address of attorney ] ], each to serve as my true and lawful attorney (each an Attorney), with complete power, authority and legal entitlement to act in my name and on my behalf as follows: 1.1.1 to carry out any and all acts, matters and/or things; to exercise absolute discretion in determining the form and substance of, and in executing, delivering, sealing and signing, any deeds, agreements, consents, letters or other documents, whether executed as deeds or otherwise; and to issue any authorisations or consents required by me in my capacity as a...

Power of attorney—private M&A—share purchase—share rights—individual seller 1 Appointment and powers 1.1 I, [ insert individual seller’s name ], of [ insert individual seller’s address ] (the Seller), under a share purchase agreement (the SPA) dated [ insert date ] between [ , inter alia, ] the Seller and [ insert name of buyer and its registered number ] whose registered office is at [ insert registered address ] (the Buyer), in relation to [ insert number and type of shares ] (the Shares) held by the Seller both at law and in equity in [ insert name of target company and its registered number ] whose registered office is at [ insert registered address ] (the Company), hereby appoint the Buyer [ and each of its directors for the time being, severally, each ] to act as the Seller’s true and lawful attorney ( [ each an OR the ] Attorney ), with full power, authority and legal right, in the Seller’s name and on the Seller’s behalf,...

Prior to the Sunday Trading Act 1994 (STA 1994) Before STA 1994, trading on Sundays was unlawful, save in certain excepted circumstances, pursuant to the Shops Act 1950, which had governed such activity. That Act introduced lawful Sunday trading, but limited large premises (over 3,000 square feet, or 280 square metres) to opening for a maximum of six hours strictly between 10 am and 6 pm during that specified period. STA 1994 enables Sunday trading prospectively; however, it contains no term revoking or amending any pre-existing covenant in a lease that prohibits trading on a Sunday, and such clauses therefore continue to bind...