Vetting and barring scheme

This factsheet for CIPD members was last updated in June 2013. Background to the Vetting and Barring Scheme The Vetting and Barring Scheme was introduced on 12 October 2009 following the Soham case which concerned the murder of Holly Wells and Jessica Chapman by Ian Huntley. The Bichard Report into the case made a series of recommendations which were implemented in England, Wales and Northern Ireland by the Safeguarding Vulnerable Groups Act 2006. It was also implemented in Scotland by the Protection of Vulnerable Groups (Scotland) Act 2007. Login or register for a free account to continue reading this factsheet and to learn about: •Background to the Vetting and Barring Scheme •Changes under the Protection of Freedoms Act 2012 •Filtering of of old and minor cautions and convictions •Barred lists •Criminal offences •Action points •Useful contacts •Further reading

Reasserting the distinctive character of share-holder remedies in Scotland - Wilson v Inverness Retail and Business Park Ltd

Juridical Review. Looks at the question of whether an individual shareholder has title to bring an action on the company's behalf in exceptional circumstances, as considered in the cases of Anderson v Hogg and Wilson v Inverness Retail & Business Park Ltd. Examines the difference between English and Scottish law in this area, notwithstanding the reliance on English case law in Scotland due to the small number of Scottish cases decided. Looks at progress towards the reform of company law and the impact it will have on a shareholder's title to sue.

Enterprise and Regulatory Reform Act 2013

This factsheet was last updated in August 2013. Background to the Act The Enterprise and Regulatory Reform Bill was introduced to Parliament in May 2012 and, following various amendments, received Royal Assent on 25 April 2013. In early June 2013, the Government issued an indicative timetable of commencement dates for the various sections of the Act. While some of the changes have come into force or had definite implementation dates announced, for other there is no definite date. The Act is broad ranging. Although this factsheet focuses specifically on employment related issues it is important to note that the Act also makes other provisions: Login or register for a free account to continue reading this factsheet and to learn about: •Background to the Act •Employment provisions of the Act •Action points for employers •CIPD viewpoint •Useful contacts •References •Further reading

Building homes for 'One Nation'? Opportunities for reform of land-use planning

Chapter in a report that brings together a series of contributions from major figures in urban and rural planning to consider the challenges and opportunities facing an incoming Labour Government in 2015.

Part II of the Landlord and Tenant Act 1954:repeal or further reform? Part 1

Paper includes results of an empirical survey of legal professionals who specialise in property law and surveyors, both of whom are involved with commercial lease renewal work. The survey investigates whether there is any appetite amongst these professionals for abolishing the Landlord and Tenant Act 1954 Part II or alternatively for reform of the same. The results are analysed and recommendations made by the authors.

Part II of the Landlord and Tenant Act 1954:repeal or further reform? Part 2

See abstract for Part 1 of this paper.

Standing in front of bulldozers? Explaining policy stability in land use planning

Policy towards planning presents scholars of politics and public policy with a significant puzzle. Since 1947, there has been a surprising level of stability in the system used to plan the use of land. On the other hand, there has been growing evidence that insufficient land has been released for development. The paper considers the question why, in spite of the planning system demonstrably failing to allocate sufficient land, fundamental reform of the system has not been achieved. In answering the question, the paper considers in particular attempts at reform under the Labour governments from 1997 to 2010. It argues that there is an interplay of interests, ideas and institutions: public attitudes, the interests of certain sections of the population, and institutions which are responsive to these attitudes and interests combined to stymie policy reform. As a consequence, radical reform was not achieved, and the paper concludes that attempt to find a technical “fix” to the planning system are unlikely to succeed. A diagnosis recognising the political and distributive nature of the problem will be required.

Directing under disqualification:leave to act

Reviews the procedures by which a disqualified director can continue to act. Views this siutation through two recent cases. Highlights that courts should not fetter the Company Directors Disqualification Act 1986, s 17 discretion and reject the approach of earlier cases that in order for leave to be granted, a need on the part of the director or company was a prerequisite.

Taking strategy seriously:responsibility and reform for an important social practice

Strategy is a pervasive and consequential practice in most Western societies. We respond to strategy's importance by drawing an initial map of strategy as an organizational field that embraces not just firms, but consultancies, business schools, the state and financial institutions. Using the example of Enron, we show how the strategy field is prone to manipulations in which other actors in the field can easily become entrapped, with grave consequences. Given these consequences, we argue that it is time to take strategy seriously in three senses: undertaking systematic research on the field itself; developing appropriate responses to recent failures in the field; and building more heedful interrelationships between actors within the field, particularly between business schools and practitioners.

Undue influence and the family home

This book provides a comprehensive analysis of the doctrine of undue influence in the context of the family home and fully incorporates the recent House of Lords ruling in Royal Bank of Scotland v Etridge (No 2) (2001). It is aimed predominantly at the legal practitioner, but will also act as a useful source of reference for academics and students of contract, land law and equity and trusts. Emphasis is placed on claims brought by spouses (usually the wife) seeking to set aside a charge over the matrimonial home made in favour of a lending institution. The role of lenders in this context is also examined in depth, as is the part played by the solicitor acting on behalf of the parties. Apart from providing an exposition of the doctrine and its key elements, the book also gives a broader outlook by examining the Commonwealth experience (notably in Australia, Canada and New Zealand) and suggesting an underlying concept of unconscionability as governing undue influence claims. There is also a separate chapter on remedies, as well as an appendix containing a number of draft pleadings for use by the legal practitioner. In the foreword, the Honourable Mr Justice Neuberger writes: 'Pawlowski and Brown are to be congratulated for having produced a book ...as comprehensive and user-friendly as this volume. Not only have they considered the effect of the authorities in a clear and logical way, but they have also highlighted problems which have yet to be resolved and questions which have yet to be answered ...one of the hallmarks of a good legal book.'

Enforceability of leasehold covenants and the landlord and tenant (Covenants) Act 1995

Describes the impact of the English Landlord and Tenant (Covenants) Act 1995, reforming liability in the context of new leases, extending the 'touching and concerning' requirement so all covenants 'run with the land' (with some exceptions), and abolishing the enduring liability of the original tenants and landlords. Explains that landlords will have more freedom to prescribe in advance the circumstances in which they consent to an assignment, referring also to changes in default notices requiring an 'early warning' to defaulters, and overriding leases, with a remedy for former tenants. Expects future leases to be shorter as landlords realize they cannot hold original tenants liable any more.

Undermining patient and public engagement and limiting its impact:the consequences of the Health and Social Care Act 2012 on collective patient and public involvement

Patient and public involvement has been at the heart of UK health policy for more than two decades. This commitment to putting patients at the heart of the British National Health Service (NHS) has become a central principle helping to ensure equity, patient safety and effectiveness in the health system. The recent Health and Social Care Act 2012 is the most significant reform of the NHS since its foundation in 1948. More radically, this legislation undermines the principle of patient and public involvement, public accountability and returns the power for prioritisation of health services to an unaccountable medical elite. This legislation marks a sea-change in the approach to patient and public involvement in the UK and signals a shift in the commitment of the UK government to patient-centred care. © 2013 John Wiley & Sons Ltd.