Legal News
HEALTH WARNING TO EMPLOYERS - APRIL'08
A new offence of 'Corporate Manslaughter' has been introduced by the Corporate Manslaughter and Corporate Homicide Act 2007 ("the CMCH Act"). A business, in England or Wales, will be guilty of Corporate Manslaughter if an employee's death is caused by a 'gross breach' of the duty of care owed by the business to that employee and that breach is significantly due to the way in which the organisation is managed.
The courts have powers to impose hefty fines of up to 10% of an organisation's turnover and to ensure that adequate measures are put in place to stop the same happening again. Employers should note that the courts can also force them to disclose a conviction for Corporate Manslaughter to the general public. Thus Employers would be well advised to review health and safety procedures to ensure these are adequate as a conviction under the CMCH Act could have far reaching ramifications for their business.
If you have any concerns about the way in which the CMCH Act could affect your business please contact David Cowgill at our Sandbach office on 01270 766550.
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LASTING POWERS OF ATTORNEY - OCTOBER'07
The Mental Capacity Act 2005 ("the Act") for England and Wales received Royal Assent in April 2005 and the relevant part of the Act relating to Lasting Powers of Attorney ("LPAs") became operational on the 1st October 2007. The Act provides a statutory framework to protect people who may not be able to make some decisions for themselves, e.g. people with learning disabilities, dementia, mental health problems, stroke or head injuries. Under the Act Enduring Powers of Attorney (EPAs) are replaced with LASTING POWERS OF ATTORNEY (LPA), although EPAs made before the Act comes into force will still be valid. The main difference with an LPA will be that your Attorney will not only be able to manage your finances, but also be able to make health and welfare decisions on your behalf. Different attorneys can be appointed for making different kinds of decisions; you would need to think carefully about who you would wish to nominate. Whenever an attorney makes a decision under an LPA, by law they must act in the best interests of the donor who has given them the power.
There are now two different types of LPA available:
Property and Affairs LPA - allows your attorney to make decisions about how to spend your money and the way your property and affairs are managed. Once registered and unless you have put a restriction on it, this type of LPA can be used by your attorney(s) straight away.
Personal Welfare LPA - allows your attorney to make decisions on your behalf relating to your personal healthcare and welfare. These decisions can only be taken on your behalf when the LPA has been registered and you lack the capacity to make the necessary decisions for yourself. An LPA can be made by anyone aged 18 or over, but unlike an EPA, can only be used once it has been registered with the Public Guardianship Office. An LPA will only become legal once a person has lost mental capacity.
If you wish to discuss the new laws relating to Lasting Powers of Attorney please call Philip Palmer at our Sandbach office on 01270 766550 who will be happy to assist with your requirements.
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