Proper officer meaning

In this issue: Key developments and horizon scanning Enforcing security and property insolvency Disputes and remedies Forfeiture Rent and rates Repairing obligations and dilapidations LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Key developments and horizon scanning Renters’ Rights Bill The Ministry of Housing, Communities and Local Government (MHCLG) confirmed that the Renters’ Rights Bill has been laid before Parliament. The legislation will scrap section 21 ‘no-fault’ evictions for both fresh and ongoing tenancies, enabling renters to challenge poor practice without the threat of retaliatory eviction. Landlords will have to show a proper ground to bring a tenancy to an early close, giving tenants stronger protection and certainty...

R (on the application of Tottenham Hotspur Ltd) v Haringey London Borough Council [2023] EWHC 2569 (Admin) (18 October 2023) What are the practical implications of this case? This judgment provides a clear appraisal of the duties imposed on local planning authorities (LPAs) when determining planning applications, emphasising the breadth and exactness expected of the analysis and conclusions set out in an officer’s report. It explains how an LPA must enable planning committee members to exercise their judgements on a proposal and examines when members might be misled regarding material considerations relevant to the decision. Mr Justice Saini confirmed that the proper test for challenges to an LPA’s decision arising from alleged flaws in an officer’s report is whether, but for the defective advice within that report, the committee’s decision would, or might, have been different. The judgment also explores the lawful deployment of a section 106 obligation and planning conditions to secure measures benefitting a third party who is not a party to the obligation, cannot...

Practice Note This Practice Note sets out guidance on when it is proper for the Official Solicitor to be named as litigation friend in family proceedings, together with the criteria, requirements and process for making such an appointment. It further considers funding arrangements and liability for costs. The Official Solicitor is an officer of the Supreme Court, appointed by the Lord Chancellor. The Official Solicitor’s team comprises seasoned solicitors who specialise in Court of Protection matters and in representing children and individuals who lack capacity in legal proceedings, but only where no other suitable person or agency is available to assume this role. Where an application seeks the Official Solicitor’s appointment as litigation friend, adequate security must be arranged for the costs of legal representation of the protected party, to the Official Solicitor’s satisfaction. Moreover, the Official Solicitor will be appointed solely as a measure of last resort, where no one else is willing to act as litigation friend, or in truly exceptional circumstances. No individual, including the Official...

What is ? Local authorities (LAs), like the wider public sector, are required to run their activities within set budgets. With spending limits broadly predetermined, they should ensure actual expenditure closely aligns with the budget. If unforeseen pressures arise that risk overspending, or, in rare cases, unlawful budget setting or unremedied General Fund deficits, LAs and their statutory proper officers are duty-bound to intervene and restore compliance. Setting the budget and putting in place robust monitoring is among the most critical financial disciplines for LAs, underpinning sound stewardship of public funds. With firm controls, the likelihood of material over or underspends should be low. Where controls are weaker, significant variances can emerge. Financial management sits at the heart of an LA’s corporate governance; it is a core responsibility for every manager, not merely a task for accountants. Accordingly, senior management and leading members across the authority must satisfy themselves that financial performance matches plans and that internal accountability arrangements...

Delete clause 3.6 of Precedent: Consultancy agreement—company and individual—pro-client and replace it with the following clauses 3.6 and 3.7: 3.6 How you organise your work is for you alone to determine, and you shall perform your duties as data protection officer (DPO) (as described in the Schedule) in an independent and self-directed manner at all times. You will not be given (and the Company [ and its Group Companies ] will not attempt to give you) any directions or instructions whatsoever concerning the performance or exercise of those duties. 3.7 Subject to clause 3.6, you shall give proper consideration to the reasonable requests of the [ Board OR Chief Executive ] from time to time and, where reasonably practicable, as appropriate, properly work and co-operate with any employee, worker, agent or other consultant of the Company [ or any Group Company ] in the provision and delivery of the Services. Insert the subsequent provisions in Precedent: Consultancy agreement—company and individual—pro-client as new clauses 3.14 and 3.15...

THAT the directors be authorised Directors are authorised to [ advance by way of loan OR provide ] up to £50,000, when aggregated with all other Relevant Transactions and Arrangements, to [ insert name of the director ] as a director of the Company. The sum of £[ insert amount of funds, not to exceed £50,000 when aggregated with other Relevant Transaction and Arrangements ] will fund costs incurred, or to be incurred, by them: for the purposes of the Company; or to enable proper performance of their duties as an officer of the Company. In this resolution, Relevant Transactions and Arrangements means any Company loan or quasi‑loan to a director of the Company or its holding company, any such loan or quasi‑loan to a person connected with that director, any credit transaction for the benefit of that director or a connected person where the Company acts as creditor, and any guarantee or security given by any person in connection with any...

Introduction The purpose of this copyright policy is to guide employees and other personnel on copyright as a right. It also: sets out guidelines and procedures for obtaining permission to use company and third‑party works; provides a framework for reporting misuse of copyright works. This policy supplies practical advice and procedures on copyright matters. It is not a substitute for legal advice, so obtain proper legal guidance when needed. The copyright officer, [ Name ], may assist with any questions; contact [ Name ] at [ telephone number or email address ]. What is copyright? Copyright recognises the intellectual creation invested by an author in producing a work. Where copyright subsists in a work, the owner holds exclusive rights to undertake specified acts in relation to that work. Acts such as copying, as defined in the Copyright, Designs and Patents Act 1988, carried out by anyone other than the owner without permission, may infringe those exclusive rights...