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21 January 2009
Categories: Legislation , Public , Commercial
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Legislation round-up

Legislation news update

In force: 1 Dec 2008and 1 Apr 2009

Legislation: Health and Social Care Act 2008 (Commencement No 4) Order 2008 (SI 2008/2994)

Summary: Brings into force on 1 December 2008, the Health and Social Care Act 2008, s 145 which makes the provision of certain accommodation and care in a care home a function of a public nature  for the purposes of the Human Rights Act 1998. Section 145 is not brought into force in relation to adult placement carers within the meaning of the Care Homes (Wales) Regulations 2002 (SI 2002/324), reg 46.
Also brings into force—On 1 December 2008, the Health and Social Care Act 2008, s 155 which allows the secretary of state to form (or participate in the forming of) companies in connection with the giving of financial assistance under section 149 of the Act. The definitions of “this group of sections” and “company” in s 156 are also commenced. On 1 April 2009, the Health and Social Care Act 2008, ss 149-154, which relate to financial assistance concerning the provision

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MOVERS & SHAKERS

Kennedys—Milan Devani

Kennedys—Milan Devani

Chief information officer appointment strengthens technology leadership

Maguire Family Law—Hannah Barlow & Sophie Hughes

Maguire Family Law—Hannah Barlow & Sophie Hughes

Firm strengthens Wilmslow team with two solicitor appointments

DWF—Ian Plumley

DWF—Ian Plumley

Londoninsurance and reinsurance practice announces partner appointment

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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