Statutory scheme Definition

GLOSSARY

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What does Statutory scheme mean?

A retirement benefit scheme established by statute usually for public sector employees.

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Procedural guide—applications under Schedule 1 to the Children Act 1989

Procedural guide—applications under Schedule 1 to the Children Act 1989 From 22 April 2014 the shortened financial remedy procedure applied to applications under ChA 1989, Sch 1, however, with effect from 4 June 2018 only an application for an order for periodical payments where no form of capitalisation is sought under ChA 1989, Sch 1, paras 1(2)(a), 1(2)(b), 2(2)(a), and 9 will be dealt with under the fast-track procedure. An application for a capital order, or an application for both periodical payments and capital orders, will, therefore, be dealt with under the standard procedure. Where an application is made for variation of an order, the fast-track procedure is limited to an application for the variation of a periodical payments order, again where no form of capitalisation is sought. An application under ChA 1989, Sch 1 is made in the Family Court and allocated to a district judge. See Practice Notes: Procedure—Schedule 1 to the Children Act 1989, Fast-track (shortened) financial remedy procedure, and Issuing financial proceedings in Form A...

Trust disputes—table of cases

Trust disputes—table of cases Existence and validity of trusts Topic Case name Summary Author Jurisdiction Existence and validity of trusts Provincial Equity Finance Ltd v Dines (née Breda) [2023] EWHC 103 (Ch) News Analysis: ‘By prosperous voyages I often made…And the great care of goods at random left’—resulting trust and the dominion of express trusts (Provincial Equity Finance Ltd v Dines and a Tragedy of Errors)This case demonstrates the practical difficulty of establishing a claim for resulting trust where a chaotic deceased used bank accounts for mixed purposes and establishes that an express trust may supplant the presumption of resulting trust even where the party advancing funds is not a party to the express trust. Nicholas Holland, McDermott Will & Emery UK LLP England & Wales Existence and validity of trusts Attorney General v Zedra Fiduciary Services (UK) Ltd and others [2022] EWHC 102 (Ch) News Analysis: Cy près scheme approved for £600m charitable trust to be applied to reduce the National Debt (Attorney General v Zedra Fiduciary Services (UK)...

Grounds for refusing assistance by the requested authority

Grounds for refusing assistance by the requested authority The Crime (International Co-operation) Act 2003 (C(IC)A 2003) is the UK’s main domestic legislation for mutual legal assistance (MLA) and provides the framework for making and giving effect to MLA requests. It prescribes the mechanisms by which UK law enforcement authorities can both obtain and provide evidence or assistance in criminal investigations and proceedings. For detailed guidance on the forms of assistance available under this and other related legislation, consult Practice Notes: Mutual legal assistance (MLA) and Mutual legal assistance—forms of assistance. Discretion to provide assistance to an overseas authority Where a request for MLA is received in the UK from an overseas authority, the Secretary of State may: • arrange for evidence to be obtained, subject to various conditions having been met • direct a search warrant is applied for • direct that an application be made for a production order (despite the absence of explicit wording in C(IC)A 2003, s 13(1)(b) to this effect) In practice, the UK Central Authority...

Environmental civil sanctions—fixed monetary penalties

Environmental civil sanctions—fixed monetary penalties What is a Fixed Monetary Penalty The Regulatory Enforcement and Sanctions Act 2008 (RESA 2008) enabled regulators to be given powers to deal with offences using civil sanctions, instead of prosecuting. Regulation 39 gives power by notice to impose a fixed monetary penalty (FMP) on a person in relation to a relevant offence. A ‘fixed monetary penalty’ under RESA 2008 is ‘a requirement to pay to a regulator a penalty of a prescribed amount’. RESA 2008 provides guidance on the use of civil sanctions. It also requires the regulator to prepare and publish guidance about how a relevant offence is enforced. The EA Enforcement and Sanctions Policy indicates that civil sanctions will be most suitable for offences with minor or no direct environmental impact such as paperwork and administration offences, and where previous advice and guidance has failed to secure the necessary improvements. Civil sanctions may be used for offences where a low-level monetary penalty is more likely...

Discover our 198 Practice Notes on Statutory scheme

Representations and events of default plug-in clauses for loan agreements and security documentation: individual borrower or chargor

Representations and events of default plug-in clauses for loan agreements and security documentation: individual borrower or chargor DEFINITIONS The following definition needs to be added to Clause 1.1 (Definitions) of Precedent: Facility agreement (term loan): single company borrower—bilateral—with or without security or a guarantee. Mental Incapacity • means in relation to a person: (a) any unsoundness of mind—they are unable to make a decision for themselves in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain whether the impairment or disturbance is permanent or temporary; (b) any order being made or receiver appointed under the Mental Health Act 1983, the Mental Health Act 2007 or any analogous step or procedure being taken in any other jurisdiction; or (c) any step or procedure being taken in any jurisdiction which would restrict the capacity of the Borrower to enter into [this Agreement OR the Finance Documents to which they are a party] or would require the approval...

Policy—time off for dependants

Policy—time off for dependants 1 Introduction 1.1 This policy sets out the approach that [enter name of organisation] (the Company) will take in relation to the statutory right that employees have to take unpaid time off work to deal with unexpected events affecting their dependants and the steps you should take if you need to make a request for such leave. 1.2 [This policy applies only to employees. It does not apply to agency workers, consultants[, contractors] [, volunteers] [, interns] or casual workers. OR This policy applies to all employees, officers, agency workers, consultants[, contractors] [, volunteers] [, interns] and casual workers.] 1.3 [This policy has been [agreed OR implemented following consultation] with [[enter name of relevant trade union(s)] OR [enter name of works council] OR [enter name of staff association]].] 1.4 An employee may have the right to parental bereavement leave and pay following the death of a child. For further information, see the Company’s [parental bereavement leave policy]. This policy should be read...

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Can a parent claim child maintenance from the other parent in circumstances where the potential paying party earns less than the potential receiving party and may be liable to pay them maintenance pending suit?

Can a parent claim child maintenance from the other parent in circumstances where the potential paying party earns less than the potential receiving party and may be liable to pay them maintenance pending suit? The powers of the court to order child periodical payments were severely curtailed by the Child Support Act 1991 (CSA 1991). In most cases, where the parents of children separate and an agreement for their maintenance cannot be reached between them, the provisions of CSA 1991 will oblige the non-resident parent (NRP) to pay child maintenance to the parent with care (PWC) via the Child Maintenance Service (CMS). The scheme does not extend to those who are habitually resident outside the UK. Child maintenance is payable for any child under 16 and for any young person (aged over 16 but not having attained the age of 20) who is in full-time education and for whom child benefit is payable (see CSA 1991, ss 1 and 55, and the Child Support Maintenance Calculation Regulations 2012 (CSMCR 2012),...

Where child maintenance is currently payable under the statutory scheme, but the parent with care intends to move with the child to another EU country, can the courts in England and Wales make an order for maintenance prior to the relocation for both maintenance and school fees and would that order be enforceable after the relocation? Will the position be different if the UK leaves the EU?

Where child maintenance is currently payable under the statutory scheme, but the parent with care intends to move with the child to another EU country, can the courts in England and Wales make an order for maintenance prior to the relocation for both maintenance and school fees and would that order be enforceable after the relocation? Will the position be different if the UK leaves the EU? Child maintenance is, as a general rule, governed by the Child Maintenance Service (CMS) and the court does not have jurisdiction to make any order in relation to this, save in certain circumstances. This is set out in section 8 of the Child Support Act 1991 (CSA 1991), which provides that: ‘(1) This subsection applies in any case where a child support officer would have jurisdiction to make a maintenance assessment with respect to a qualifying child and an absent parent of his on an application duly made by a person entitled to apply for such an assessment with...

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Immigration cases July—December 2024 review

Immigration analysis: Adam Pipe, barrister at No 8 Chambers, reviews the key cases from July 2024 to December 2024 for immigration advisers, and explains why they are of interest. The review covers best interests of the child, EU law and dependency, how Article 8 ECHR is treated in entry clearance appeals, leave obtained by deception and long residence, developments on EEA deportation law after Brexit, the content of civil penalty notices, mandatory grounds in sponsor licence revocations, and time limits for appeal where a notice is defective. It also includes the Ramfel case on the need for digital proof of s 3C leave, from June 2024.

Environment 2024 cases round up

Environment analysis: This News Analysis considers some of the key cases from 2024 for environment lawyers including: R (on the application of Friends of the Earth Ltd) v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 2707 (Admin); Verein KlimaSeniorinnen Schweiz v Switzerland (App. No. 53600/20), [2024] ECHR 304; Milieudefensie et al v Royal Dutch Shell plc., Hague Court of Appeal, 12 November, Case No. 200.302.332/01; R (on the application of Rights Community Action Ltd) v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 1693 (Admin); GDFC Assets Ltd v Heaney [2024] UKUT 345 (AAC); R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council [2024] UKSC 20; Friends of the Earth Ltd v Secretary of State for Levelling Up, Housing and Communities; South Lakeland Action on Climate Change - Towards Transition v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 2349 (Admin), [2024] All ER (D) 35 (Sep); R v (Fighting Dirty Ltd)...

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