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STOP PRESS: The Supreme Court decided in R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31 that responsibility for section 117 Mental Health Act 1983 aftercare rests with the authority for the area in which the individual was ordinarily resident prior to the admission. This still holds even where accommodation had been arranged by another local authority under an earlier section 117 obligation. For commentary, see News Analysis: Ordinary Residence and Mental Health Aftercare Services (R (Worcestershire County Council) v Secretary of State for Health and Social Care) and Supreme Court confirms duty to provide after-care services ends when a person is re-detained for treatment (R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care), LNB News 10/08/2023 41. A local authority is also under a duty to assess whether an adult has needs for care and support where it appears to the authority that they may have such needs...
Introduction The intra-EU posting of third-country nationals (TCNs) has become an increasingly prevalent and widely used form of labour mobility, whereby undertakings based in one Member State send staff to deliver services on a temporary basis in another across the Union. Anchored in Article 56 TFEU on the freedom to provide services, this practice draws on the seminal Vander Elst judgment, Case C‑43/93, which clearly confirmed that Member States may not demand additional work permits from lawfully employed TCNs seconded from a different Member State. Although Directive 96/71/EC, the Posting of Workers Directive (PWD), as revised by Directive 2018/957/EU and supplemented by Directive 2014/67/EU on its enforcement, sets out the overarching legal regime for posting, these measures do not spell out the particular arrangements applicable to TCNs (for more on the PWD, see Practice Note: Posting of workers in the EU). Furthermore, the Directive does not prejudice agreements concluded by the Community with third countries, nor the domestic rules of Member States governing the admission to their territory of...
This Practice Note offers practical direction on customs procedures and trade facilitation commitments applied by Australia and the United Kingdom under the Australia and the United Kingdom Free Trade Agreement (Aus-UK FTA). Introduction As a free trade agreement, the Aus-UK FTA does more than govern tariffs on goods traded between the two parties; it also deals with other matters required for trading in goods or considered non-tariff barriers to trade. This includes: rules of origin. For detail on rules of origin under the Aus-UK FTA, see Practice Note: Rules of origin of the Aus-UK FTA. For guidance on making an origin claim under the Aus-UK FTA, see Practice Note: How to claim preference under the Aus-UK FTA technical barriers to trade. For commentary on technical barriers to trade under the Aus-UK FTA, see Practice Note: Technical barriers to trade under the Aus-UK FTA sanitary and phytosanitary measure. For information on sanitary and phytosanitary measures under the Aus-UK FTA, see Practice Note: Sanitary and...
[ Insert in para 6.1 of claim form ET3: ] It is accepted that the Claimant works as a [ legal secretary ], and it is further accepted that the First Respondent is a temporary employment agency. The Second Respondent has no knowledge of the nature or terms of any contract between the Claimant and the First Respondent and therefore makes no admission on that matter. It is also accepted that an arrangement existed between the First and Second Respondents for the Claimant to deliver legal secretarial services to the Second Respondent. It is accepted that the Claimant began working on [ insert date ]. She attended an induction on [ insert date ], during which she was informed that she would require a staff card to access certain of the Second Respondent's facilities, including the staff canteen. She was also informed that, to obtain a staff card, she must provide the HR department with a passport-sized photograph of herself...
Practice Note: Suitability grounds for refusal and cancellation of permission notes that, under the Immigration Rules, Part 9, para 320(7B): Unless an exemption applies, or the relevant re-entry ban has expired, any application made under a route within Parts 2–8, or under Appendix Armed Forces, must be refused where the person has previously breached UK immigration law by: overstaying, unless the overstay was 90 days or less (where it began before 6 April 2017) or 30 days or less (where it began on or after 6 April 2017) and, in either scenario, they left the UK of their own accord and not at public expense Where any of the above circumstances apply, any further application to re-enter the UK will be refused until the following re-entry ban has run: one year, if the individual departed the UK voluntarily and not at public expense—note that those refused entry at port fall within this category, provided they complied with the conditions set...