Legal Framework Flashcards
Bribery framework
Bribery Act 2010
Negligence framework
Limitation Act 1980
The current limitation periods for negligence are:
* Contract – 6 years from the date of the negligent act, breach of contract or omission. Section 14A provides an alternative limitation period of 3 years from the date of knowledge of the damage, subject to the 15 years long stop from the negligent act or omission
* Tort – 6 years from the date the claimant suffered the loss
Diversity, Inclusion and Teamworking framework
Equality Act 2010
Money Laundering framework
Money Laundering Regulations 2017
Appoint a Money Laundering Reporting Officer
Proceeds of Crime Act 2002
Powers for authorities to recover money and assets which are deemed to be proceeds of crime
Transparency & Enforcement Act 2022
* Measure for beneficial ownership register of overseas entities owning property in the UK
Health and Safety Framework
Health and Safety Act 1974
Fire Safety Framework
Fire Safety Act 2021
Estate Agency Compliance Framework
Estate Agents Act 1979
Misrepresentation Act 1967
Data Protection Framework
General Data Protection Regulation
Data Protection Act 2018
Financial Services Compliance Framework
Financial Services and Markets Act 2000
Financial Services Act 2012
Asbestos Framework
Control of asbestos regulations 2012
Bribery Act 2010
Based on six principles
1. Proportionality
2. Top level commitment
3. Risk assessment
4. Due diligence
5. Communication
6. Monitoring and review
The four offences are
1. Bribing
2. Receiving a bribe
3. Bribing a foreign public official
4. Failing to prevent bribery
Anti-Money Laundering Act 2018
- Under this legislations, wider sanctions have been issued in light of geopolitical activities such as the Ukraine conflict
Proceeds of Crime Act 2002
- Powers for authorities to recover money and assets which are deemed to be proceeds of crime
Transparency & Enforcement Act 2022
- Measure for beneficial ownership register of overseas entities owning property in the UK
- Stronger investigation powers regarding unexplained wealth orders (UWOs)
- Easier prosecution of unwilling parties to provide identity documents
Health and Safety at Work Act 1974
Outlines the fundamental duties of employers to ensure the health, safety, and welfare of their employees and others who may be affected by their work.
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
- Trigger date for reporting injuries is over 7 days incapacitation
- Such an injury must be reported to HSE within 15 days from the date of accident
- All employers must also keep a record of all 3 day plus injuries
- Must be kept in an accident book for a minimum of 3 years
Corporate Manslaughter and Corporate Homicide Act 2007
- Act relates to gross breaches of a duty of care by a corporation leading to a death
- Penalties from unlimited fine, imprisonment and disqualification as a company director
Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022
Came into effect January 2023, it amends the Regulatory Reform (Fire Safety) Order 2005
The Act:
* Applies to all residential premises in England and Wales
* Requires a reasonable person to assess, manage and reduce fire risk posed by the structure, external walls and common areas
Building Safety Act 2022
Legislation intended to enhance regulations for building safety. The Act implements elements of the Hackitt Review recommendations for high-rise residential buildings to provide a new system to oversee the whole build environment. This includes enforcement agencies and national regulators to strengthen:
* Accountability and duties for those responsible for the safety of high rise buildings during construction and occupation
* Residents’ ability to contribute to maintaining safety
* Enforcement to deter non compliance
- Introducing the Building Safety Regulator to oversee standards
- The Building Safety Regulator is the Building Control Body
- The HSE is responsible for verifying building works to ensure they meet the building regulations standards and providing a completion certificate
Occupiers Liability Act 1957
- The Act regulates the liability of occupiers and others for injuries caused to lawful visitors, as well as for damage caused to any goods as a result of “dangers due to the state of the property or due to things done or omitted to be done there”
- A common duty of care is imposed to lawful visitors, occupiers and landlords can be liable
Smoke-free (Premises & Enforcement) Regulations 2007
- Illegal to smoke in all enclosed/substantially enclosed public places
Defective Premises Act 1972
- Section 4 states that the landlord owes a duty of care to all persons who may reasonably be expected to be affected by defects in the premises
Health & Safety (Offences) Act 2008
Regarding Asbestos precautions, enables fines to a maximum of £20,000 and the possibility of 12 months’ prison. More serious offences can be tried in higher courts with no limit on the fines
Alternative Dispute Resolution
Arbitration Act 1996
