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LLG STATEMENT OF LEGAL KNOWLEDGE
Subject IndexPART 1 PageSRA Statement of Legal Knowledge 1-111. Ethics, Conduct & Regulation 22. Wills & Administration of Estates 33. Taxation 34. Law of Organisations 45. Property 56. Torts 57. Criminal Law & Evidence 68. Criminal Litigation 79. Contract 810. Trusts & Equitable Wrongs 911. Constitutional Law and EU Law 1012. Legal System of England & Wales 1013. Civil Litigation 11
PART 2LLG Statement of Legal Knowledge for Local Government Lawyers 12-3514. Adult Social Care 1215. Adult Education 1416. Children Services 1717. Partnership & Procurement 1918. Employment 2019. Housing and Regeneration 2420. Information Management 2521. Litigation 2622. Licensing 2923. Monitoring Officers and Governance 3124. Planning, Highways and Environment 33
1
SRA STATEMENT OF LEGAL KNOWLEDGE
1. Ethics, professional conduct and regulation, including money laundering and solicitors accounts
1a.
The ethical concepts governing the solicitor's role and behaviour, including as expressed in the law, and the economic, social and cultural influences that can bias independent and ethical judgement
1b.
The SRA Principles
1c.
The Code of Conduct:
o commitment to the rule of law and proper administration of justiceo duties and responsibilities owed to clientso running the businesso interacting with the regulatoro duties to others
1d.
Money laundering
1e.
Financial services
1f.
Solicitors' accounts
o identification of office/client moneyo receipts into and payments out of office and client account/moneyo payment of deposit interesto accounting systems and internal controlso recording transactions and preparation of financial statementso regulatory controls
1g.
Obligations to report relevant to a solicitor's practice
2
2. Wills and administration of estates
2a.
Pre-grant practice
o validity, revocation and alteration of wills and codicilso total and partial intestacyo identification of property passing by will, intestacy or outside of the
estateo valuation of assets and liabilities and the taxable estate
2b.
Application for a grant of representation
o the necessity for and main types of a granto the powers and duties of personal representatives and their protectiono the main types of oath for executors or administrators o the prior submission of inheritance tax account to HMRC before grant
is obtained and payment of tax shown due on account 2c.
Post-grant practice
o collection and realisation of assets, and claims on the estateo raising funds and the payment of all tax and debtso pecuniary legacies, vesting of gifted property in the beneficiaries
entitled and distribution of the residuary estate
3. Taxation
3a.
Income tax
o who is chargeable (residence/domicile)o what is chargeable (types of income/main reliefs and exemptions)o how is charge levied (deduction at source/PAYE/self-assessment)o outline of anti-avoidance provisions
3b.
Capital Gains Tax
o who is chargeable (residence/domicile)o what is chargeable (calculation of gains/ allowable deductions/ main
reliefs and exemptions)o how is charge levied (self-assessment/recovery through PAYE
system/agents)o outline of anti-avoidance provisions
3
3c.
Inheritance Tax
o Key principles basis of charge to tax (potentially exempt gifts/lifetime
chargeable gifts/transfers on death) main exemptions/reliefs outline of anti-avoidance provisions (reservation of benefit
regime, restrictions on deductibility of certain debts/ encumbrances)
person liable to make returns and payment 3d.
Corporation Tax
o Key principles chargeability to corporation tax tax treatment of company distributions or deemed distributions
to shareholders payment and collection of tax (self-assessment) outline of anti-avoidance legislation
3e.
Value Added Tax
o key principles relating to scope, supply, input and output taxo registration requirements and issue of VAT invoiceso returns/payment of VAT and record keeping
4. Law of organisations
4a.
Business and organisational structures
4b.
Legal personality and limited liability
4c.
Procedures required to incorporate a company/form a partnership/LLP and the approvals and other steps required under companies and partnerships legislation to enable the entity to commence operating
4d.
Corporate governance
4
o rights, duties and powers of directors and shareholders of companieso procedures relating to company decision making and meetingso minority shareholder protection rights
4e.
Raising capital, including company borrowing
4f.
Insolvency (corporate and personal insolvency)
5. Property
5a.
Key concepts of real property
4b.
The property legislation of 1925; registered and unregistered land; Land Registration Act 2002
5c.
Estates and interests in land and their transfer: freeholds, leases, mortgages, easements; and rights over land: licences, tenancies at will
5d.
The trust of land and co-ownership
5e.
Adverse possession
5f.
The landlord/tenant relationship; leasehold covenants; enfranchisement
5g.
Real property and human rights
5h.
Tax considerations relevant to property transactions
6. Torts
5
6a.
Negligence:
o duty of care and breach of duty of careo causation and remoteness of damageo problematic areas, including pure economic loss and psychiatric illness
damage 6b.
Breach of statutory duty and product liability
6c.
Nuisance, and the rule in Rylands v Fletcher
6d.
Trespass to the person
6e.
Defamation
6f.
Vicarious liability
6g.
Remedies, including damages and injunctions
6h.
Defences, including consent and contributory negligence
7. Criminal law and evidence
7a.
Elements of offences - actus reus and mens rea. Factors affecting culpability: e.g. insanity, automatism and intoxication. Capacity to commit offences
7b.
Modes of liability: secondary participation, vicarious and corporate liability
7c.
6
Specific offences: public order offences, fatal, non-fatal and sexual offences against the person, property offences
7b.
Inchoate offences: assisting and encouraging crime, attempt and conspiracy
7e.
Defences: self-defence, necessity, duress. Partial defences to murder loss of control, diminished responsibility
7f.
Evidence, including burden and standard of proof, bad character and hearsay
7g.
The European Convention of Human Rights, particularly articles 5 and 6
8. Criminal litigation
8a.
Criminal Procedure Rules, their overriding objective, and their application
8b.
Pre-trial procedures, including plea before venue and allocation
8c.
The role of the defendant’s representative in police stations both as own client and as duty solicitor and the role of the defendant’s solicitor at court under the duty solicitor scheme
8d.
Custody, review and detention limits under PACE and the role of the custody officer
8e.
Key steps for making an application for a representation order
8f.
Key steps for making or contesting a bail application
7
8g.
The trial process
8h.
Sentencing
8i.
Appeals
9. Contract Law
9a.
Formation, including offer and acceptance, consideration, intention to create legal relations, certainty
9b.
Variation and promissory estoppel
9c.
Privity of contract and rights of third parties
9d.
Terms, including terms implied by common law and statute
9e.
Interpretation of contracts
9f.
Exemption clauses and unfair terms
9g.
Vitiating factors: including mistake, misrepresentation, duress and undue influence
9h.
Termination of contract for breach or frustration
9i.
8
Remedies: damages, award of an agreed sum, specific performance, injunctions
9j.
Restitution for unjust enrichment (especially in the context of termination of a contract)
10. Trusts and equitable wrongs
10a.
Difference between legal and equitable interests
10b.
Creation of express trusts
10c.
Resulting trusts
10d.
Constructive trusts
10e.
Charitable and non-charitable purpose trusts
10f.
Trustees: their appointment, removal, powers, duties and liabilities
10g.
Fiduciary duties and remedies for breach of these duties
10h.
Knowing receipt of trust property and dishonest assistance in breach of trust or fiduciary duty
10i.
The rights, remedies and powers of beneficiaries, including proprietary remedies after tracing
10j.
9
Equitable remedies: specific performance, injunctions, rescission, rectification and proprietary remedies
11. Constitutional law and EU law (including Human Rights)
11a.
The basic institutions (the Crown and Parliament, central government, devolved institutions, EU institutions and the judiciary) and principles of the British Constitution
11b.
The nature, status and procedure for passing primary and delegated legislation
11c.
Government accountability (and in particular the relationship between the Government and Parliament)
11d.
Parliamentary sovereignty
11e.
Separation of powers (including judicial independence)
11f.
The rule of law
11g.
The place of EU law in the constitution
11h.
Human Rights Act 1998 and key principles of anti-discrimination legislation
11i.
Judicial control of the Executive, in particular the process and principles of judicial review
12. Legal system of England and Wales
10
12a.
The main legal institutions (including the main legal professions)
12b.
Sources of law:
o legislationo case lawo European context
12c.
Rules of interpretation
12d.
Legal services
12e.
Funding of legal services
13. Civil litigation
13a.
Different options for dispute resolution: litigation, arbitration, mediation and other forms of alternative dispute resolution
13b.
Funding
13c.
Costs consequences, possible liability for costs and cost recoveries
13d.
Preliminary considerations: limitation, jurisdiction and applicable law
13e.
The Civil Procedure rules, including Practice Directions, Forms and Court Guides
13f.
11
Pre-action steps, court structure and choice of court, issue, service, acknowledgment of service, judgments in default and summary judgment, drafting and service of statements of case, disclosure, part 36 and other settlement offers, interim applications and interim remedies, preparing for trial, settlement
13g.
The court's case and costs management powers and duties
13h.
Evidence: expert witnesses and witnesses of fact
13i.
Key elements of trial procedure
13j.
Methods of enforcement and enforcement procedures
13k.
Rights of appeal and appeal procedures
LLG & LLG Legal Statement of Legal Knowledge
14. Adult Social Care
14a.
Mental Capacity Act and Deprivation of Liberty SafeguardsInappropriate restrictions on freedomLack of mental capacitySafeguards
14b.
The role of Court of Protection and Public GuardianSafeguarding vulnerable peopleFinance, health and personal welfareLasting powers of attorney Deputyship Orders and powers
14c.
The role of the Independent Mental Capacity Advocate (IMCA) and the
12
Representation in decision makingAppointment Challenging decisions
14d.
Independent Advocate under the Care Act 2014Advocacy service provision and Obligations
14e.
Duty of Candour (Health & Social Care Act 2008 (Regulated Activities)Openness and TransparencyObligations including information and supportCAC Regulatory RoleOffences
14f.
Safeguarding under the Care Act 2014Duties including preventionAdult Boards, Reviews and Advocates
14g.
The Social Services and Well-being (Wales) Act 2014National Adoption ServicePreventative ServicesLooked after childrenNeeds Assessment
14h.
NHS Continuing Care responsibilitiesEligibilityHeath-care assessments
14i.
Health & Care Professionals Council standards as applicable to social workers
14j.
Charging for Residential Accommodation FinanceNational Assistance (Assessment of Resources) Regulations 1992.
14k.
Vetting and BarringThe Safeguarding Vulnerable Groups Act 2006Code of Practice
13
Referrals
14l.
Eligibility
Immigration and Asylum Act 1999 - Section 115 as far as it affects eligibility to adult social care services and supportNationality,Immigration and Asylum Act 2002 - Schedule 3 as far as it affects eligibility to adult social care services and support
14m.
The Mental Health Act 1983
In particular a good understanding of Section 29 displacement of Nearest Relatives and S117 after care provisions.
14n.
The Department of Health Care and Support Statutory Guidance October 2014
15. Adult Education
15a.
SchoolsStatutory system of educationTypes of schoolGoverning bodiesStaffingFinance of schoolsPrinciple of educating in accordance with parental wishes (s.9)Duties in respect of young people over compulsory school ageLA statutory duties in respect of education
15b.
Special Educational NeedsPart 3 Children and Families Act 2014Code of Practice 2015Underlying principlesThe local offerEducation, health and care needs assessment and plansMediation and dispute resolutionRights of appeal to the First Tier Tribunal (SEN & Disability)Post 16 provision
14
15c.
AttendanceDuty of parents to ensure children’s attendance at schoolSchool attendance – s.444 offences Fixed penalty noticesEducation supervision ordersSchool attendance ordersChildren educated at homeKeeping pupil registers and the Education (Pupil Registration)(England) regulations 2006Child employment
15d.
Education recordsSubject access rights – Data Protection Act 1998Information sharingMeaning of educational record – Education (Pupil Information) (England) Regulations 2005Freedom of Information Act 2000
15e.
School admissionsAdmission authorities and admission arrangements (SSFA 1998)Allocation and offer of school placesSchool admissions code 2014Parental preferenceRights of parents to appealSchool admissions appeals code 2012Fair Access
15f.
Discipline & School exclusionsPower of teachers to disciplinePower of head teacher to excludeGoverning body duty to reviewParental right to appeal to Independent Review panel (IRP)Appointment, powers and duties of IRP
15g.
Home to School transportDuties on local authorities in relation to home to school travel arrangements (ss508A – D Education Act 1996)
15
Categories of “eligible” children – Sched 35BDefinition of statutory walking distanceDfE Home to school travel and transport guidance
15h.
Safeguarding in schoolsKnowledge of latest government guidance on safeguarding childrenKeeping Children Safe in Education & Working together to safeguard children.Vetting and Barring – Safeguarding Vulnerable Groups Act 2006
15i.
School organisationLA duty to ensure sufficiency of school placesExpansion, alteration of upper and lower limit of age range, adding boarding provision for community schoolsStatutory proposals for prescribed alterations - Prescribed Alterations Regulations 2013
15j.
Early YearsLA duties under the Childcare Act 2006 to secure sufficient childcare for working parentsFree early years entitlement for 2,3 & 4 year olds
15k.
Discrimination in schoolsEquality Act 2010Duties on schools in relation to discriminationProtected characteristicsUnlawful behaviourDefinition of disabilityReasonable adjustments
16. Children’s Services
16a.
Children Act 1989The welfare test and the welfare checklist The ‘no order’ principle Parental responsibility – who has it?
16
Care and supervision orders – the threshold criteria / interim orders and the test for removal / care plansContact with children in care Discharge of care orders Emergency Protection Orders – Re X and Re X & B – the 29 pointsChild Assessment Orders Recovery orders Police protection secure accommodation orders Leaving care – the ‘eligible child’ / the ‘relevant child’ / the ‘former relevant child’Child Arrangements Orders / Prohibited Steps and Specific Issue Orders Family Assistance Orders Section 7 reportsSection 37 investigations Use of wardship and the inherent jurisdiction
16b.
Family Law Act 1996 – Part 4 and 4A (forced marriage protection orders)
16c.
Children Act 2004Role of the Local Safeguarding Children Board (LSCB)Duties of agencies
16d.
Adoption and Children Act 2002Adoption and placement orders The adoption welfare checklist A last resort – adoption only where ‘nothing else will do’ (Re B (2013))Revocation of placement orders Permission to apply to oppose the making of an adoption orderSpecial Guardianship orders
16e.
Mental Capacity Act 2005 – basic principles / the Court of Protection
16f.
Children and Families Act 2014The 26 weeks requirementThe overriding objective – to resolve cases justly Avoiding delay Extension provisions
17
The SEN (Special Educational Needs) legal framework
16g.
Serious Crime Act 2015- Female Genital Mutilation (FGM) Protection Orders
16h.
RegulationsChildren (Secure Accommodation) Regulations 1991Care Planning Placement and Case Review (England) Regulations 2011(as amended)Family Procedure Rules 2010 (as amended) including Practice DirectionsPart 25 applications (instruction of experts)
16i.
Guidance
Good Practice in Child Care Cases (Law Society 2010) (revised version due late 2015)Working Together March 2015Adoption Statutory Guidance July 2014
16j.
The Family Court
Structure and distribution of work The Public Law Outline (PLO) Issue – documents required under the PLO ServiceAcknowledgment of service Disclosure Data protection Role of the Children’s Guardian Case Management Orders Analysis of legal options – the Re B-S (2013) analysisHearings – first / CMH / fact finding hearings / IRH / final hearing The ‘non-adversarial’ approachAppeals – routes of appeal Drafting – case summaries / threshold statements / skeleton arguments
16k.International issues Brussels II Regulations
18
Notification via Central Authorities – the International Child Abduction and Contact Unit (ICACU)Notification of Embassies
16l.
Duties of Local Authorities Part III of the Children Act 1989 – duty to provide services to children in need(Section 17 provision)Use of section 20 of the Children Act 1989 – accommodation of childrenSection 47 investigations Child Protection Conferences – roles and responsibilities / child protection plansThe single assessment PLO pre-proceedings requirements
17. Partnership & Procurement
17a.
European Procurement Law The Public Procurement Directives 2015 and the detailed application of the alternative procurement routes set out within the Directives Public Works Contracts and their interplay with the procurement of Development Agreements to meet the requirements of a pubic bodyThe procurement and provision of variation of contracts for the delivery of outcomes through mixed capital entities (public/private owned companies)The Remedies Directive (007/66/EC)EU Concessions Law Exemptions form the Directives (e.g. Teckl/Hamburg exemptions-Article 12 Directives
17b.
Social and Environmental Value in the context of:Best Value guidance;The Public Services (Social Value) Act 2012;The Voluntary Sector Compact with Civil Society Organisations;European Public Procurement Directives;Social Value measurement mechanisms (eg Social Return on Investment).
19
17c.
A Comprehensive understanding of the State Aid regime and creative solutions to manage risk;
A good working knowledge of standard forms of contract, in particular the JCT and NEC suites of contracts for construction activity;Understanding of the contracting arrangements between health organisations and the national standard forms of contract developed through Monitor;The Freedom of Information Act 2000 and the application of the Public Interest Test in particular as it relates to commercially sensitive information;Transfer of Public Undertakings in the context of the transfer of contracts to new operators within the procurement process;Key Charging and Trading legislation regulating trading and charging:
i. Local Government Goods and Services Act 1970;ii. Local Government Act 2003;iii. Localism Act 2011.
Company Law and the duties upon Directors in particular as they relate to the law relating to Charities and the concepts relating to controlled and influenced companies and local authority elected members (eg The Local Authorities (Companies) Order 1995).
18 Employment
18a.
Employment Rights Act 1996PayDetrimentTime Off LeaveUnfair DismissalRedundancy
18b.
Equality Act 2010Protected CharacteristicsDiscriminationAdjustmentsPublic Sector Equality Duty
20
18c.
Equal Pay Act 1970Duties and Equal TreatmentService Pay and Conditions
18d.
Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 & Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
Less favourable treatmentObjective JustificationFixed term contractsAgency Workers
18e.
Flexible Working (Procedural Requirements) Regulations 2002 ApplicationsBreachesCompensation
18f.
Immigration, Asylum and Nationality Act 2006PenaltyAppealEnforcementCode of Practice
18g.
Maternity and Parental Leave etc. Regulations 1999
18f.
National Minimum Wage Act 1998
18g.
Regulation of Investigation Powers Act 2000Employee Surveillance
18h.
Trade Union and Labour Relations (Consolidation) Act 1992RightsCollective bargainingAssociationsRedundancies
21
Industrial ActionACAS
18i.
Transfer of Undertakings (Protection of Employment) Regulations 2006Relevant TransferDismissalConsultationContracting OutMaterial Detriment
18j.
Education & Health School Staffing (England) Regulations 2009The Education (School Teacher Performance Management) (England) Regulations 2006Transfer of Undertakings (Protection of Employment) (Transfers of Public Health Staff) Regulations 2016The Teachers’ Pension Regulations 2010
18k.
PensionsNew Fire Fighters Pension Scheme 2006 Fire Fighters Pension Scheme 1992 Local Government Pension Scheme Regulation 2013
18l.
Fire & Rescue Fire and Rescue Services Act 2004
18m.
Miscellaneous Enterprise Bill – Public Sector exit payment capLocal Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999 Local Authorities (Standing Orders) (England) Regulations 2001 – as amended in 2015
18n.
Court Rules/Guidance
22
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013ECHR - Equality Act 2010 Guidance on matters to be taken into account when determining questions related to the definition of disability ACAS Code of Practice on Discipline and Grievance ProcedureECHR Employment Statutory Code of PracticeECHR Equality Act 2010 Public Sector EqualityACAS Various Guidance
18o.
Local Government Terms and Conditions
Green Book – National Agreement on Pay and Conditions of ServiceGrey Book - Scheme of Conditions of Services – Fire and Rescue ServicesGold Book - Constitution and Scheme of Conditions of Service – Principle Fire OfficersRed book - Local Authority Craft & Associated Employees – Conditions of Service Blue Book – National Conditions of Service for Soulbury EmployeesPink book – Youth and Community Workers Conditions of Service Burgundy Book - Conditions of Service for School Teachers in England and WalesChief Officers of Local Authorities – Conditions of Service Guidance School Teachers Pay and Conditions Document Managing Staff Employment in Schools (Guidance on the School Staffing (England) Regulations 2009)Statutory Guidance on Induction for Newly Qualified Teachers in EnglandCIFA guidance on settlementsCabinet Office Guidance on Settlement Agreements, settlement Agreements and Special Severance Payments and Confidentiality Clauses on Termination of Employment (does not directly apply to LA’s but government expect LA’s to follow the principles). HM Treasury – Managing Public Money
23
19. Housing & Regeneration Competency Framework
19a.
HomelessnessPart VII Duty to AccommodateS202 ReviewsS204 AppealsDCLG Homelessness Code of Guidance for Local Authorities
19b.
Allocation of Housing
Localism Act 2011Housing and Regeneration Act 2008 (s. 314: Ineligible Persons from Abroad)Housing and Regeneration Act 2008 (Schedule 15: Ineligible Persons from Abroad)Part VI of the Housing Act 1996Social Housing Providers - Housing and Regeneration Act 2008
19c.
Social Housing including Housing Act 1985
Secure TenanciesPossession and GroundsOvercrowding
Right to Buy RepairsSuccessionHousing Revenue Account
19d.
Housing Act 2004
HMO’sEnforcement and noticesManagement OrdersRight to Buy
19e.
Public Law
Human Rights- Article 8 Disability DiscriminationCapacity and the Official Solicitor Oppression
24
19f.
Disrepair
Landlord and Tenant Act 1985Housing Health and Safety Rating System (England) Regulations 2005
19g.
Anti- Social Behaviour
Anti-Social Behaviour Crime & Policing Act 2014InjunctionsCriminal Behaviour OrdersPower of ArrestProtection from Harassment Act 1994 - -offences and injunctionsLocal Government Act 1972 - injunctionsProtection from Eviction Act 1977- Offences
19h.
Housing (Wales) Act 2014
HomelessnessGypsies & TravellersLicensing SchemeHousing Revenue AccountEmpty Properties
20. Information Management Competency Framework
20a.
Data Protection Act 1998
PrincipalsExemptionsCCTVData SharingEmployeesSanctions Big DataCloud Sharing Data Loss Policies
20b.
Freedom of Information Act 2000
Publications SchemeExemptionss36 ExemptionReviews
25
First Tier Tribunal Procedure
20c.
Environmental Information Regulations 2004
ObligationsExemptions
20d.
Openness of Local Government Regulations 2014
Rights to record proceedingsRights to access information relating to significant decisions
20e.
Education
Protection of Freedom Act 2012Biometric DataPhotographsExam Results
20f.
Codes of Practice
Code of Practice on the Discharge of Public Authorities Functions under Part 1 of the Freedom of Information Act 2000Lord Chancellor’s Code of Practice on the Management of Records issued under Section 46 of the Freedom of Information Act 2000Code of Practice on the Discharge of the Obligations of Public Authorities under the Environmental Information Regulations 2004.
21. Litigation
21a.
Civil Procedure Rules including Practice Directions, Forms and Court Guides
Preliminary considerations: limitation, jurisdiction and applicable lawPre-action steps and protocols, court structure and choice of court, issue, service, acknowledgment of service, judgments in default and summary judgment, drafting and service of statements of case, disclosure, part 36 and other settlement offers, interim applications and interim remedies, preparing for trial, settlementThe court’s case and costs management powers and dutiesEvidence: expert witnesses and witnesses of factKey elements of trial procedure
26
Methods of enforcement and enforcement proceduresRights of appeal and appeal proceduresCosts consequences, possible liability for costs and cost recoveriesContempt
21b.
Breach of ContractFormation of Contract MemorandumsHeads of ContractContractual Interpretation
21c.
Remedies Dispute resolution: litigation, arbitration, mediation and other forms of alternative dispute resolution
21d.
Criminal Procedure Rules including Practice Directions, Forms and Court Guides
Preliminary Considerations: Limitation, evidential test, public interest test, alternative sanction.Case Management Pre-Trial RulesProsecution case; Service of DocumentsReporting RestrictionsAllocationPre Trial HearingsWarrantsDisclosure; Witness Statements; SummonsUnused materialSpecial MeasuresExpert & Hearsay EvidenceTrial & SentenceEnforcement; Confiscations; AppealsCostsContempt
21e.
Offences;
i. Social Security Administration Act 1992 Housing BenefitBlue Badge
ii. Fraud Act 2006
27
iii. Theft Act 1968/78
iv. Environmental Protection Act 1990Waste Management & DisposalAbatementContaminated LandLitter
v. Environmental Permitting Regulations 2010
vi. Food HygieneFood Safety and Hygiene (England) Regulations 2013Food Hygiene (Wales) Regulations 2006The General Food Regulations 2004
vii. Health & Safety at Work Act 1974Breach of Duty Secondary LiabilityCorporate Manslaughter
viii Town and Country Planning Act 1990; Planning (Listed Buildings and Conservation Areas) Act 1990
Building Regulations Listed Buildings
Tree Preservation Orders
ix. Education Act 1996Non Attendance
x. Social HousingUnjust EnrichmentFraudulent MisrepresentationOffences – ss171 and 214 Housing Act 1996Fraud Act 2006Proceeds of Crime Act 2002The Prevention of Social Housing Fraud 2013
xi. Housing Act 2004LicencesRecovery of rentProhibition noticesFailure to repair
xii. Bribery Act 2010Facilitation PaymentsDue diligence
xiii. Misconducted in Public OfficeWilful neglect or misconductDishonesty and corruption
28
xiv. Licensing Act 2003Licence Breach & NotificationsUnderage Sale Provision of Alcohol to drunk personsDisorderly Conduct Obstruction
xv. ElectoralBriberyTreatingFalse StatementsSecrecyCampaign PublicityRacial HatredFalse Application False StatementsMultiple Voting and Proxy offences
22. Licensing
22a.
Licensing Act 2003Premises LicenceVariationRevocationReviewsClub LicencePersonal LicenceTemporary Events ConditionsOffencesClosureGuidance under s182 of the Licensing Act 2003
22b.
Gambling Act 2005 and Regulations
Gaming; Betting; LotteryGambling CommissionOffencesOperating LicencesPersonal LicencesPremises LicenceAdvertising
22c.
29
Schedule 3 of the Local Government (Miscellaneous Provisions) Act 1982
Sexual entertainment venuesEstablishment licenceObjectionsAppeals
22d.
Policing and Crime Act 2009Alcohol misuseSex establishments
22e.
London Local Authorities Act 2007 (applicable in London) Street Trading
22f.
Provision of Services Regulations 2009
Street TradingSex EstablishmentsEnforcementLicensing
22g.
Licensing Committees
ConstitutionDelegations Political balanceHuman Rights
22h.
Elected Members
BiasPredeterminationInterests Code of Conduct
22i.
Officers
Delegated PowersDutiesConflicts
22j.
Powers to issue Licenses
30
Consents and authorisations – Alcohol, public entertainment, gambling, zoos, sex establishments, late night refreshment, street trading, pavement cafes, scrap metal dealers, hackney and private hire drivers, vehicles and operators, animal boarding, acupuncture and tattooing, street collections, slaughterhouses, sports grounds, pleasure boats, caravan sites.
22k.
Procedures
ApplicationsRenewalsReviewsAppealsJudicial review
22l.
Fees
Setting and Determination of Fees
23. Monitoring Officer and Governance
23a
. Local Authority Member Complaints Regime
Localism Act 2011Nolan principles’members’ interestsOpenness and TransparencyCode of conduct
23b.
The Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012
Specified Pecuniary Interests
23c.
Members
ExpensesIndemnitiesTraining
31
23e.
Equality Act 2010
The Doctrine of Ultra Vires and Public Law Principles Public Sector Equality Duty
23f.
The Administrative Operation of Local Authorities
The Structure of Local Government Decision Making ProcessesConstitutionDevolutionThe Local Authorities (Standing Orders) (England) Regulations 2001The Openness of Local Government Bodies Regulations 2014New council constitutions: guidance to English AuthoritiesWelsh Model ConstitutionJoint AuthoritiesCabinet/Executive Arrangements-CommitteesSub CommitteesCommittee Structures & ScrutinyKey DecisionsAccess to informationDelegationRatificationThe Local Authorities (Executive Arrangements)(Meetings and Access to Information)(England) Regulations 2012
23g.
Decision Making
PrejudiceBiasPredeterminationLegal ChallengesReasonablenessIrrationalityLegitimate ExpectationProportionality FairnessThe Local Authorities (Functions and Responsibilities) (England) Regulations 2000Ultra Vires Local Government Act 2000
23h.
32
Role of the Monitoring Officer
Interaction with other statutory officersS5 reports to Council
23i.
Political Groups
The Local Government (Committees and Political Groups) Regulations 1990
23j.
Charging and Trading
Local Government Goods and Services Act 1970Local Government Act 2003Localism Act 2011
23k
Outside Bodies and LA owned companies
The Local Authorities (Companies) Order 1995 Charities Act 2011Trustee roles and Obligations
23l.
Elections
PurdahReturning Officer Role and Responsibilities Administering the pollAbsent VotingVerifying and Counting VotesPost Election Result
24. Planning, Highways & Environment
24a.
Planning Arrangements and Variations
S106 agreementsS96A & S73 Town & Country Planning Act 1990
24b.
Highways Agreements
33
S38 &s278 Highways Act 1980 24c.
Key Concepts, Requirements and Procedures of the Plan Making Process
Planning and Compulsory Purchase Act 2004 24d.
Modes of Statutory Appeal and Challenge
s78 and s288/9 Town & Country Planning Act 1990 Judicial Review
24e.
Processes and Procedures Applicable to Planning Appeals
Planning inquiries
HearingsWritten representations
24f.
Modes of Planning Enforcement
Statutory notices Breach of conditionPlanning enforcement noticesStop noticesTemporary stop noticesPlanning enforcement ordersInjunctions
24g.
Localism Act 2011
General Power of CompetenceNeighbourhood PlanningCommunity Right to BuildMembers code of conductDuty to co-operate
24h.
Legislative Framework
Town & Country Planning Act 1990Highways Act 1980Environmental Protection Act 1990EIA Directive 2011/92/EU 2011 Regulations Habitats Directive 92/43 and 2010 RegulationsOperation of the National Planning Policy Framework (NPPF 2012)
34
Planning Practice Guidance 2014Operation and application of the Community Infrastructure Levy Regulations 2010 (as amended).
Please note that the LLG Statement of Legal Knowledge is a guide only and does not include all areas and subjects applicable to legal practice in local government.
The SRA Statement of Legal Knowledge is correct as at March 2016. The SRA statement is wholly produced by the SRA and solicitors should refer to their website at www.sra.org.uk
Copyright Statement
This Statement of Legal Knowledge and Competency Framework content is copyright of Lawyers in Local Government Ltd 2016. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
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