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Legislation / Legal
MoJ: By forming Legal Disciplinary Practices (LDPs), law firms can now be owned by different types of lawyers, and a proportion of non-lawyers. LDPs are a milestone on the journey to alternative business structures, which will allow for full non-lawyer ownership and for law firms to be listed on the stock exchange.
The Solicitors Regulation Authority, the regulatory arm of the Law Society, is planning to regulate these new types of practice from 1 April 2009. Previously, Law Society-regulated bodies could only be owned by solicitors. Similarly, powers have been commenced which allow the Council for Licensed Conveyancers to regulate LDPs.
Press release ~ Solicitors Regulation Authority ~ Council for Licensed Conveyancers ~ Frequently asked questions about the Legal Services Act (LSA) 2007 ~ Legal Services Board ~ Alternative Business Structures (ABS)
CLG: Fire safety regulations for sub-surface and underground railway stations have been published. The regulations maintain the existing standard of safety required brought in following the Kings Cross tragedy in 1987, while the accompanying guidance makes the requirements clearer, easier to understand and enforce.
There are sub-surface & underground railways London, Liverpool, Newcastle upon Tyne and Birmingham. Sub-surface railway stations are those with at least 1 enclosed platform partially under a building or within a tunnel. The regulations come into force on 1 October 2009 after a 6 month transition period.
Press release ~
DfT: Under the new laws drivers - including hauliers - living outside the UK will no longer be able to escape the penalties faced by UK offenders. The Police and examiners from the Vehicle Operator and Services Agency (VOSA) can now collect on-the-spot payments from alleged offenders who cannot provide a satisfactory UK address.
Those caught committing an ‘endorsable’ offence will also have penalty points put on their UK driving record, which could lead to them being banned from driving in the UK. VOSA examiners will also be able to issue fixed penalty notices to drivers of heavy goods vehicles from both the UK & abroad, in addition to immobilising vehicles where driving hours, weight or vehicle safety rules have been broken.
Press release ~ Vehicle Operator and Services Agency (VOSA) ~ Revised Guidance on the operation of the Fixed Penalty System for Offences in Respect of a Vehicle
OFT: The OFT has welcomed a Court of Appeal Judgment confirming its views on the application of the Unfair Terms in Consumer Contract Regulations 1999 (UTCCRs) ahead of a substantive hearing against Foxtons Limited during the week commencing 27 April.
During the preliminary stages of these proceedings the OFT appealed against a ruling by Mr Justice Morgan which accepted arguments from Foxtons that any injunction on unfair terms could only apply to future contracts, rather than preventing the use or enforcement of unfair terms in existing ones.
The Court of Appeal has now overturned this ruling, confirming the OFT's long-held view that it can take enforcement action under the UTCCRs to protect consumers in relation to both existing and future contracts.
HO: The Home Office will look at proposals for introducing compulsory licensing to tackle the limited number of wheel clamping companies whose dodgy practices include:
* excessive penalties for releasing clamped cars
* towing cars unreasonably quickly after being clamped
* hidden, missing or confusing signs warning drivers that clamping takes place
* a lack of any appeals process for drivers
Currently, any individual undertaking wheel clamping must hold a frontline licence from the Security Industry Authority (SIA), with supervisors or directors holding a non-frontline licence. The new proposals would make it mandatory for the company itself to be licensed to help ensure it upholds standards of conduct, which will be enforced if they are not met. The Home Office will launch a formal consultation at the end of April considering how best to regulate the industry.
Press release ~ Security Industry Authority (SIA) ~ Citizens Advice Guide ~ Car Clampers - guidance notes ~ Land owners employing car clampers - guidance
OFT: The OFT has announced that it is to streamline its investigation into unarranged overdraft charges by focusing on the terms of three banks in particular (Lloyds TSB, HSBC and Clydesdale). The aim is to progress the case in the shortest & most efficient way possible and the OFT has written to all the banks under investigation to outline this decision. The OFT expects to reach final conclusions on fairness later in 2009.
The OFT believes that the terms of the three selected banks provide the best representative selection of all the banks' unarranged overdraft charging terms and therefore the outcome of this more focused investigation will be relevant to the assessment of other banks' terms.
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