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Legal research skills - Essay Example

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Legal research skills

8. Which documents must be obtained before conducting a charitable collection and from which bodies

a) The promoters of the charitable collection must hold a public collections certificate obtained from the Commission (S 52 (1)), and
b) A permit issued by the local authority in whose area it is conducted (S 59 (1))

9. What types of financial assistance may a Minister give to a charity

Financial assistance may be given by way of:
(a) grants,
(b) loans,
(c) guarantees, or
(d) incurring expenditure for the benefit of the person assisted. (S 70 (2))


10. What is the maximum period a person can be a member of the Charity Commission

Membership in a Charity Commission is only for a maximum of 3 years. (Schedule 1A, S3(1))
Task 2: Statutory Instruments (SIs)


Chosen statutory instrument (SI): Cattle Identification Regulations 2007 (SI 2007/529)

1. When did the regulations come into force

The regulation came into effect on the 6th April 2007 (S 1)

2. What is a "holding" under the regulations
A "holding" means any establishment, construction or, in the case of an open-air farm, any place in which cattle are held, kept or handled (S 2(1)(c))

3. When must ear tags be applied to ears of bison

The keeper must apply both tags when the calves are separated from their dams or within nine months of the birth, whichever is the sooner. (Schedule 1, 1(3)(c))

4. A farmer discovers that his cow has lost her ear tag. She was born on 1 February 2007 in Somerset. What must the farmer do and by when

He must, within 28 days of the discovery, replace it with another ear tag bearing the same number (which must be a primary tag if the original was primary or a primary or secondary tag if the original tag...
(S 18)
c) the need for the charity (or the receiving charity in the case of a transfer) to have purposes which are suitable and effective in the light of current social and economic circumstances (S18)
He must, within 28 days of the discovery, replace it with another ear tag bearing the same number (which must be a primary tag if the original was primary or a primary or secondary tag if the original tag was secondary) and failure to do is an offence. (Schedule 1, (4)(2))
In the case of a dairy herd, the second ear tag is applied within 20 days from the birth of the calf (Schedule 1, 3 (c)). From the time the Farmer or keeper applies that 2nd tag, he must within 7days register the calf (Schedule 2, 3(1)).
The judges in the case were Lord Brown-Wilkinson, Lord Lloyd of Berwick, Lord Hoffman, Lord Hope of Craighead, and Lord Clyde (House of Lords Judgments - Alan Wibberly Building Limited v. Insley / Session 1998-99/ 29 April 1999)
Lord Hoffman gave the leading judgment contained in paragraphs 3-24 of the Opinions of the Lords of Appeal, 29 April 1999. The other judges expressed their affirmation to Lord Hoffman's judgment (paragraphs 1, 2, 25 and 31)
a. ...Show more

Summary

3. Identifying and investigating apparent misconduct or mismanagement in the administration of charities and taking remedial or protective action in connection with misconduct or mismanagement therein.
(a) such appeals and applications as may be made to the Tribunal in accordance with Schedule 1C to this Act, or any other enactment, in respect of decisions, orders or directions of the Commission, and
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Legal research skills essay example
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