Illegal Contracts The general position is that the law enforces agreements, which have been freely entered. It does usually not regulate the terms and conditions of agreements. Some agreements are not enforceable because they promote an illegal purpose, contemplate or involve unlawful performance or because they are deemed to be against public policy. Contracts which are unlawful by statute are […]
Categories Some contracts are not enforced because they involve the commission of an illegal act or because they are to be undertaken in an illegal manner. Agreements to a commit a crime or civil wrong are void. An agreement to undertake a crime or indeed certain civil wrongs, constitutes the criminal offence of conspiracy. The courts will not enforce a […]
Compliance Statement Not later than 31 January of each year, the trustees of a scheme or trust RAC shall prepare a statement in relation to compliance ( called compliance statement’) for the immediately preceding year for the purposes of prudential supervision. The compliance statement shall specify information relating to compliance with the the statutory requirements applicable to the activities of […]
Objective of prudential supervision The main objective of prudential supervision is to protect the rights of members and beneficiaries and to ensure the stability and soundness of schemes and trust RACs. A scheme or trust RAC shall be subject to prudential supervision by the Pensions Authority including the supervision by the Pensions Authority of the following where applicable: the conditions […]
Governance Systems The trustees of a scheme or trust RAC shall put in place an effective system of governance which provides for sound and prudent management of the activities of that scheme or trust RAC. They must provide an effective system for ensuring the transmission of information. They must provide that such system of governance includes an adequate and transparent […]
System of governance: key functions Key functions: general provisions The trustees of a scheme or trust RAC shall put in place the following key functions for that scheme or trust RAC: a risk management function; an internal audit function; where applicable, an actuarial function. The trustees of a scheme or trust RAC shall enable the holders of key functions to […]
Remedy for failure to supply service The consumer has the right to terminate a service contract where the trader fails to supply the service and fails to comply with a request to do so within an additional period. The consumer will have the right to terminate the contract immediately if the trader will not supply the service which is essential […]
Remedy for failure to supply Where a trader fails to supply the digital content or digital service and if they then fail to comply with a consumer’s request to do so without undue delay or within such agreed additional period, the consumer will have the right to terminate the contract. The consumer has the right to terminate the contract immediately […]
Scope A “consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession; “Digital content” means data which are produced and supplied in digital form, including in particular computer programs, applications, video files, audio files, music files, digital games, e-books and other e-publications; A “digital content contract” means a contract under which […]
Consequences of Illegality, The general principle is that the courts will not enforce an ilegal contract. This principle applies with even greater force where the party who seeks the court’s assistance is implicated in or has participated in the illegality. Where both parties are equally at fault, the contract will not be enforced. No order will be made for return […]
Right to Statutory Sick Leave An employee shall, in respect of a day on which he or she would ordinarily work but is incapable of doing so due to illness or injury be entitled to statutory sick leave. An employee shall be entitled to up to and including 3 statutory sick leave days in a year, or such number of […]
Whistleblowing The legislation on protected disclosure seeks to protect employees and others who disclose information in good faith for the benefit of the public or part of the public. The disclosure might relate to issues of safety, environmental damage, health hazards to fellow workers or the public. It might apply to financial wrongdoing, fraud or gross inefficiency. There are a […]
2022 Act and Channels The 2022 Act provides that all undertakings in the private sector with 50 or more employees and all public bodies shall establish formal channels and procedures for the making of protected disclosures by their workers. These channels and procedures shall provide for acknowledgement of all reports within 7 days, diligent follow-up of the reports received and […]
Disclosure to Employer or another Responsible Person A disclosure may be made to the worker’s employer where the worker reasonably believes that the relevant wrongdoing which the disclosure tends to show relates solely or mainly to the conduct of a person other than the worker’s employer, or to something for which a person other than the worker’s employer has legal […]
Law Enforcement, There are specific arrangements for the disclosure of information about wrongdoing, other than a disclosure of information about wrongdoing, that might reasonably be expected to facilitate the commission of an offence or to prejudice or impair— the prevention, detection or investigation of offences, the apprehension or prosecution of offenders or the effectiveness of lawful methods, systems, plans or […]
Commissioner / Ombudsman The 2022 Act establishes the Office of the Protected Disclosures Commissioner and how the Disclosures Commissioner shall deal with protected disclosures made or transmitted to him/her. The Protected Disclosures Commissioner shall be the Ombudsman. The Commissioner shall have formal channels and procedures in place for receiving and following up on any disclosures made by workers to the Commissioner. […]
Protection from dismissal There is deemed to be an unfair dismissal where an employee is dismisses because he or she has made a protected disclosure. Persons who are otherwise excluded from the Unfair Dismissal Act are protected in relation to protected disclosures. Compensation may be up to five years’ salary. Where— the dismissal of an employee results wholly or mainly from […]
Development Plan Planning authorities must indicate objectives for the conservation and protection of the environment, including, but not limited to designated natural heritage areas, and European sites (SACs SPAs plus others) in their development plans. Local authorities must have regard to the implication of any proposed development for which planning permission is sought on a European site or natural heritage […]
Special Amenity Area There are a number of types of enhanced Planning Act protections, which a local authority may adopt in respect of particular areas. An area of special amenity designation is designed to secure the preservation and enhancement of the character and special features of an area. The planning authority may designate an area to be an area of […]
Register of Historic Monuments A historic monument is a prehistoric monument or a monument associated with the commercial, cultural, economic, industrial, military, religious, or social history of the place where it is situated or of the country. It includes all monuments in existence in 1700 AD or such later date as may be specified by regulation. An archaeological area is […]
