Press release: PM statement on Saudi-led Coalition decision to extend access to port in Yemen

I welcome yesterday’s announcement by the Saudi-led Coalition that Hodeidah port will now be open for both humanitarian and commercial supplies, including fuel and food. This critical and commendable step has been made in the face of continued provocation and aggression from Houthi forces, and will help ensure the Yemeni people get the supplies and assistance they so desperately need.

It is essential that all parties to the conflict in Yemen allow complete and unhindered commercial and humanitarian access. We remain deeply concerned by continued barriers to delivery imposed by the Houthi rebels.

I was appalled that the Houthis fired another ballistic missile at Riyadh on 19 December, and that they boasted the target was the Royal Palace. This is the second such incident in six weeks, which yet again deliberately targeted a populated area. Such attacks threaten regional security and prolong the conflict in Yemen and I call upon all those with influence over the Houthis to get them to stop.

The UK will continue to support efforts to strengthen implementation of the UN arms embargo and address Saudi Arabia’s legitimate security concerns, and strongly supports the UN’s investigations into the origins of the missiles.

Recent developments only serve to underline the need for a political solution to the conflict. The Yemeni parties must engage constructively and in good faith with each other and the UN to overcome obstacles and restart dialogue. The UK will continue to lead international efforts in support of a political solution.

Link: Press release: PM statement on Saudi-led Coalition decision to extend access to port in Yemen
Source: Gov Press Releases

Press release: Nottingham man fined for carrying waste without a licence

A 43-year old Nottingham man has been sentenced to pay a fine of £880.00 plus £1,989 costs and a £88 victim surcharge for an offence committed under s1(1) of the Control of Pollution (Amendment) Act 1989.

Darren Pike from Betts Avenue, Hucknall, NG15 6UP was sentenced at Nottingham Magistrates Court on Wednesday 20 December in relation to a charge of carrying waste without the requisite upper tier Waste Carriers’ Licence. Mr Pike failed to attend Court and the case was proven in his absence.

The charges were brought by the Environment Agency. The court heard how during a multi-agency operation on 11 May 2017, in conjunction with Nottinghamshire Police and Nottingham City Council, a Ford Transit Tipper truck driven by Mr Pike was found to be fully laden with waste, including plastic, furniture, toys, a fridge and a soiled mattress.

A number of waste transfer notes and weighbridge tickets were also found in the vehicle, which suggested that Mr Pike had previously taken waste (scrap metal) to two separate sites, one in Nottingham and the other in Mansfield. A public register search confirmed Mr Pike did not hold a Waste Carriers’ licence.

Sinead Chamberlain, Environment Officer at the Environment Agency said:

On carrying out an interview under caution with Mr Pike in May this year, he admitted he was not a registered waste carrier. A letter was given to him containing advice and guidance in relation to registering as a waste carrier however, a subsequent check in August showed he had failed to register.

By not having the necessary licence, which costs just £154 and is easy to apply for, Mr Pike has incurred a total penalty of £2957.

The Environment Agency is working hard to make sure all businesses carrying waste have the correct authorisations to allow them to transport waste – a waste carrier’s registration from the Environment Agency.

This case demonstrates we will take action against those who do not operate within the confines of relevant regulations and we hope it will serve as an example for other waste carriers to make sure they have the relevant licence in place.

Mr Pike has 28 days to pay. When sentencing, the Court took into account the aggravating feature of the offence being committed for financial gain, as well the defendant’s previous “unblemished” record for environmental offences.

Charge

  • On 11 May 2017, Darren Pike, being a person who is not a registered carrier of controlled waste, did, in the course of his business or otherwise with a view to profit, transport controlled waste, namely wood, plastics, a mattress and a refrigerator, from Betts Avenue, Hucknall, NG15 6UP, being a place in Great Britain contrary to section 1(1) of the Control of Pollution (Amendment) Act 1989
  • The Control of Pollution (Amendment) Act 1989 makes it a criminal offence for a person to transport controlled waste to or from any place in the United Kingdom, with a view for profit, if they do not possess the requisite Waste Carriers’ Licence.

Link: Press release: Nottingham man fined for carrying waste without a licence
Source: Environment Agency

Press release: Charity Commission welcomes appointment of new legal board member

The Department for Digital, Culture, Media & Sport has appointed Kenneth Dibble, currently Director of Legal Services at the Charity Commission, as the Commission’s new legal board member. Kenneth will be relinquishing his executive role prior to joining the board in March 2018.

William Shawcross, Chairman of the Charity Commission, says:

I am delighted that Kenneth will be joining the Commission’s Board as legal member next year. Kenneth has unparalleled mastery of charity law, a thorough understanding of modern regulation and extensive experience of senior executive leadership. The Commission, and the public, will benefit tremendously from his continued service. As my term of office as Chairman comes to an end, this appointment adds to my confidence that the organisation will be excellently guided in the future.

Kenneth Dibble says:

It is an honour to have been appointed to serve on the Charity Commission’s board. Charities, and by extension the Commission as their regulator, play a central role in our society. Maintaining the legal integrity of the Commission’s regulatory work is critical, and I look forward to continuing to support that element, and shaping the Commission’s future, in my new role as legal board member.

Details about the appointment and the appointment process are available from the Department for Digital, Culture, Media & Sport.

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Link: Press release: Charity Commission welcomes appointment of new legal board member
Source: Gov Press Releases

Press release: Man who killed family members who took him in has sentence increased

A homeless man who murdered 2 members of a family who helped him and tried to murder a third member of the same family has had his sentence increased after the Solicitor General appealed it as unduly lenient.

Aaron Barley, who was 23 years old at the time, attacked 3 members of the Wilkinson family in a premeditated and savage act of unprovoked violence.

Barley stabbed and killed Pierce Wilkinson, aged 13, and his mother Tracey, in their home having waited for Peter Wilkinson, Tracy’s husband and Pierce’s father, to take the dog out for a walk. When Mr Wilkinson returned to the house Barley stabbed him a number of times in an attempt to kill him which he was fortunate to survive.

The attack was entirely unprovoked, with the Wilkinson family having done much over the course of the preceding year to help Barley with the difficulties he had in his life. Their help included supporting him to find a home and a job and inviting him to spend Christmas day with them. The 4th member of the Wilkinson family, Lydia, who was aged 18 at the time was away at the time of the attack.

Barley has shown no remorse for the killings of Pierce and Tracey Wilkinson and has expressed regret that he failed to kill Peter Wilkinson. He was originally sentenced to life imprisonment with a minimum term of 30 years at Birmingham Crown Court. Today, the Court of Appeal agreed the sentence was too low and increased the minimum term to 35 years.

Speaking after the hearing, the Solicitor General said:

“Aaron Barley’s attack on the Wilkinson family was a truly despicable crime. The Wilkinson family had gone out of their way to help him and he repaid their kindness with a brutal attack which devastated their family. My thoughts are with Peter and Lydia Wilkinson particularly and I hope they can find some comfort in the increased sentence today.”

Link: Press release: Man who killed family members who took him in has sentence increased
Source: Gov Press Releases

Press release: Christmas Opening Times

Opening hours 22 December 2017 – 2 January 2018

Date Opening Hours
Friday 22 December 08.30 – 15.30
Monday 25 December Closed
Tuesday 26 December Closed
Wednesday 27 December 08.00 – 17.30
Thursday 28 December 08.00 – 17.30
Friday 29 December 08.30 – 16.30
Monday 1 January Closed
Tuesday 2 January Open as usual

If you cannot get through to the person you want to speak to, please call our general enquiries number on: 0203 334 6621

Link: Press release: Christmas Opening Times
Source: Gov Press Releases

Press release: Lord Chancellor welcomes promotion of new silks

Her Majesty The Queen has approved the appointment of 119 new Queen’s Counsel. Alongside the advocates being appointed QC, Her Majesty has also approved the appointment of seven new Queen’s Counsel Honoris Causa (listed below).

The Lord Chancellor will preside over the appointment ceremony, where the rank will be formally bestowed upon successful applicants, at Westminster Hall on 26 February 2018.

Lord Chancellor David Lidington said:

I commend each of the 119 barristers and solicitors, alongside the seven Honorary Queen’s Counsel, on their appointments. The award of the title of Queen’s Counsel is a recognition of depth of expertise and eminence in their fields. It is this expertise that gives the English legal system its world-leading reputation.

Notes to editors

  1. The list of 2017 to 2018 Queen’s Counsel appointments
  2. The 119 Queen’s Counsel (QC) (also known as silks) appointments includes:
    • 32 women applicants of the 50 that applied. Last year, 31 out of 56 female applicants were successful;
    • 18 applicants who declared an ethnic origin other than white of the 33 that applied. Last year 16 such applicants out of 37 were appointed;
    • 21 applicants aged over 50 were appointed. Last year 20 such applicants were appointed. The youngest successful applicant is 34-years-old and the oldest is 63; and
    • Five solicitor advocates of the 10 who applied. In the previous competition six solicitor advocates were appointed.
  3. QCs are appointed by The Queen, on the advice of the Lord Chancellor. He is in turn advised by an independent Selection Panel which receives and considers each application and makes recommendations as to appointment.
  4. For further information, please call the Ministry of Justice press office on 020 3334 5422. Follow us @MoJGovUK.

Honorary Queen’s Counsel biographies

Professor Michael Bridge

A leading academic and Fellow of the British Academy. Professor Bridge has made a major contribution to the law of England and Wales relating to the sale of goods, in particular as editor of the leading textbook in this area and writer of numerous important articles. He has also written major texts and articles on contract law, international sale, personal property law, credit and security, and private international law. He is also a Bencher of the Middle Temple; emeritus Cassel Professor of Commercial Law at the London School of Economics; Senior Research Fellow at Harris Manchester College, University of Oxford; Visiting Professor at Queen Mary University of London; and Professor of Law at the National University of Singapore.

Professor Louise Gullifer

Director of the Commercial Law Centre at Harris Manchester College, Oxford and also Director of the Secured Transaction Law Reform Project. As well as being Professor of Commercial Law at Oxford, she is Professor of International Commercial Law at Radboud University, Nijmegen. She is part of the UK delegation to UNCITRAL Working Group VI and the UNIDROIT committee of Governmental Experts on the MAC Protocol to the Cape Town Convention. She has made a major contribution to the law of England and Wales in terms of the breadth of her work both within academia and outside.

Dr Charles Harpum

A barrister and former academic who served as a Law Commissioner and made a major contribution to the law of England and Wales as a significant architect in the shaping of the Land Registration Act 2002.

Janet Legrand

A former Senior Partner and current interim Global Co-Chair of a major law firm, Janet Legrand is also a pioneer in enhancing the role of women in the law, promoting social mobility, diversity and inclusion within her firm and the wider profession through the board of PRIME. In her legal practice she represents Governments in international disputes. Beyond the law she is Chair of the Trustee Board of The Children’s Society, a member of Council of City University of London, a Trustee of its Students’ Union, a member of the Audit Committee of the University of Cambridge, a Marshall Aid Commemoration Commissioner and board member of the Leadership Foundation for Higher Education.

Professor Nigel Lowe

Professor Lowe has done a mixture of international work and family law and is particularly known for his work relating to the Hague Convention. He has authored a number of books, including some of “rare authority and timeless value”, and is considered a leading academic.

Professor Nicola Padfield

Professor of Criminal and Penal Justice at the University of Cambridge and Master of Fitzwilliam College, Cambridge. In addition to her academic work, she sat as a Recorder from 2002-2014. She is a Bencher of the Middle Temple, and is currently Vice-Chair of its Education and Training Committee. She has made a huge contribution to the criminal justice system in a practical capacity, in addition to her work in academia, where her research focuses on sentencing and parole.

Professor Maurice Sunkin

Professor of Public Law and Socio Legal Studies at the University of Essex, an Associate Member of Landmark Chambers, London, and General Editor of the journal Public Law. He has pioneered an empirical approach to the law and undertaken a number of leading studies of the use, operation and effects of judicial review in England and Wales. He has acted as Legal Adviser to the House of Lords Select Committee on the Constitution and is currently chair of the United Kingdom Administrative Justice Institute, a national research body based at the University of Essex, and Co Director of an ESRC funded project on the human rights implications of big data and new technologies, also based at Essex.

Link: Press release: Lord Chancellor welcomes promotion of new silks
Source: Gov Press Releases

Press release: Final DWP customer telephone lines become free

This follows the announcement in October 2017 that all customer telephone lines would be free to call by the end of the year.

Work and Pensions Secretary of State David Gauke said:

People can access support online and our Jobcentre Plus work coaches can also provide help accessing our benefits and services. But we also understand that at times people may need to speak to someone on the telephone.

We want this process to be as accessible as possible and that’s why we have made all DWP customer telephone lines Freephone numbers.

The introduction of Freephone numbers started with Universal Credit helplines on 29 November 2017 and was completed when the final set of numbers were introduced on 21 December 2017.

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Link: Press release: Final DWP customer telephone lines become free
Source: Gov Press Releases

Press release: Individual disqualified as trustee for 4 years after failure to evidence how charity funds were used

The charity watchdog has today published a report of its statutory inquiry into Deen Team – this sets out the regulatory action it has taken including that it has disqualified an individual from being a trustee for 4 years.

The Commission opened an inquiry into Deen Team in June 2016. The charity had previously been identified for a proactive visit, in 2014, as it was a newly registered charity operating in Syria, a high-risk area. Following that visit the Commission had a number of concerns about the charity regarding poor governance and financial controls and issued the trustees with regulatory advice and guidance. The Commission attempted to re-engage with the trustees in 2015, but following poor cooperation from the trustees it subsequently opened an inquiry to investigate these further.

Throughout the inquiry the Commission attempted to obtain evidence from the trustees to show how the charity’s funds had been applied. The trustees were unable to provide complete records and therefore failed to meet their legal duty to account for how they had used all the charity’s funds.

The inquiry also found that:

  • the individual disqualified by the Commission had paid themselves £2,000 from the charity’s funds and was unable to provide records to support their claim that this was to cover charity fundraising and administration costs
  • all decision-making was deferred to the disqualified individual; two other individuals who became trustees after the Commission initially engaged with the charity were unaware of their legal duties
  • a former trustee of the charity continued to use a property that the charity rented at a nominal rate of £1 for their own purposes without the consent of the charity’s trustees. The charity’s existing trustees did not appreciate and acknowledge the asset’s value to the charity and failed to protect it from the conduct of the former trustee

Throughout the inquiry, the disqualified individual failed to comply and cooperate with the Commission or to respond to a number of legal directions and orders made by the Commission.

As a result of the misconduct and/or mismanagement identified in the inquiry, the Commission has used its power under section 181A of the Charities Act 2011 to disqualify the individual from being a charity trustee or holding a senior management position within a charity for four years. Further details can be found in the report.

The Commission has removed the charity from the register as based on information provided by the trustees and obtained during the inquiry it considers that the charity has ceased to operate.

Michelle Russell, Director of Investigations, Monitoring and Enforcement at the Charity Commission said:

Trustees are collectively responsible for how their charity is run and all trustees should be aware of their basic duties and take them seriously. Trustees can delegate certain responsibilities to staff members or individual trustees but they must always retain sufficient oversight and not allow one person to effectively take over control of the charity. Having multiple trustees is essential so that trustees can challenge each other and hold each other to account where necessary, ensuring that decisions are made only in the best interests of the charity.

Charity trustees must keep detailed accounting records to allow them to show exactly how they have used their charity’s money, and how what they have spent it on furthers the charity’s purposes. This is essential to charities being accountable and transparent to donors, the public and the regulator. In this case, the trustees of Deen Team were not able to do this and we have therefore exercised our regulatory powers.

The Commission’s full report of its inquiry into Deen Team is available on GOV.UK.

Ends

PR 82/17

Notes to editors

  1. The Charity Commission is the independent regulator of charities in England and Wales. To find out more about our work, see the about us page on GOV.UK.
  2. Search for charities on our check charity tool.
  3. The new discretionary disqualification power in section 181A of the Charities Act 2011 brought in by the Charites Act 2016 allows the regulator to disqualify a person it considers unfit from being a trustee, for a maximum period of 15 years.

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Link: Press release: Individual disqualified as trustee for 4 years after failure to evidence how charity funds were used
Source: Gov Press Releases

The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2017

In relation to England, the small business non-domestic rating multiplier is calculated in accordance with paragraph 3 of Schedule 7 to the Local Government Finance Act 1988 (“the Act”) for each financial year when new rating lists are not being compiled. The financial year beginning on 1st April 2018 (“2018-19”) is a year when new lists are not being compiled.

Link: The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2017
Source: Legislation .gov.uk

Press release: Crackdown on unfair leasehold practices

Communities Secretary Sajid Javid has announced new measures to cut out unfair and abusive practices within the leasehold system, including a ban on leaseholds for almost all new build houses.

This comes as part of government action to deliver a fairer, more transparent system for homeowners to help fix the broken housing market and build a Britain fit for the future.

Changes will also be made so that ground rents on new long leases – for both houses and flats – are set to zero.

The government will also make it cheaper and easier for existing leaseholders to buy-out their freehold and there will be better information available about redress for those consumers who face the most onerous terms.

These measures follow a recent consultation where there was an overwhelming response in favour of government plans to tackle the unfair practices in the leasehold sector.

With 1.4 million leasehold houses across England and the number of leasehold sales rapidly growing, the government is taking crucial action to make the leasehold market fairer.

Leasehold generally applies to flats with shared spaces, making multiple ownership more straightforward, but developers have been increasingly selling houses on these terms – adding further costs to over-stretched house buyers.

Communities Secretary, Sajid Javid said:

It’s unacceptable for home buyers to be exploited through unnecessary leaseholds, unjustifiable charges and onerous ground rent terms.

It’s clear from the overwhelming response from the public that real action is needed to end these feudal practices. That’s why the measures this Government is now putting in place will help create a system that actually works for consumers.

Measures to be introduced include:

  • legislating to prevent the sale of new build leasehold houses except where necessary such as shared ownership
  • making certain that ground rents on new long leases – for both houses and flats – are set at zero
  • working with the Law Commission to support existing leaseholders and make the process of purchasing a freehold or extending a lease much easier, faster and cheaper
  • providing leaseholders with clear support on the various routes to redress available to them
  • a wider internal review of the support and advice to leaseholders to make sure it is fit for purpose in this new legislative and regulatory environment
  • making sure freeholders have equivalent rights to leaseholders to challenge unfair service charges

These latest measures follow the government setting out plans in the Housing White Paper to fix the broken housing market, including making sure councils release more land for housing, building the right homes in the right places and improving affordability and protections for renters and home purchasers.

Further information

These measures relate to England only.

Over 6,000 responses were submitted to the recent government consultation on leasehold practices. The vast majority of responses expressed their concerns about the buying experience and living in a leasehold property. This highlights how the current system is clearly not working in the best interest of those living in or purchasing a leasehold home.

The proposed prohibiting of future houses being sold as leasehold will apply to all houses apart from a few exceptional circumstances where leasehold is still needed – such as houses that have shared services or built on land with specific restrictions.

We will also be continuing to discuss the case for limited exemptions with industry.

Communities Secretary will be writing to all developers to strongly discourage the use of Help to Buy Equity loans for the purchase of leasehold houses in advance of legislation and to ask those who have customers with onerous ground rent terms to provide necessary redress.

Department for Communities and Local Government statistics estimate there were 4.2 million residential leasehold dwellings in England in the private sector in 2015 to 2016 and of these 1.4 million were leasehold houses. This was a rise on the previous year when in 2014 to 2015, there were 1.2 million leasehold houses.

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Link: Press release: Crackdown on unfair leasehold practices
Source: Gov Press Releases