Elizabeth A Martin - Oxford Dictionary of Law, 5th Ed. (2003)

offence does not include selling ordinary items to prostitutes or renting them accommodation (unless this is used only for prostitution or a higher rent is charged because they are prostitutes). It is also an offence for either a man or a woman to knowingly live on the proceeds of male prostitution, and it is an offence for one woman to force another into prostitution or to aid her prostitution for financial gain.

living together See COHABITATION.

U See LORD JUSTICE OF APPEAL.

Lloyd's A society of *underwriters that was incorporated by Act of Parliament in 1871. Originally Lloyd's only provided marine insurance but they now also provide other kinds. The *insurance is undertaken by syndicates of private underwriters (names), each of which is managed by a professional underwriter; since 1992 limited companies have been allowed to become names. Each name underwrites a percentage of the business written by the syndicate and has to deposit a substantial sum with the corporation before being admitted as an underwriter. The public deals with the underwriters only through Lloyd's brokers.

loan capital Money raised by a company issuing *debentures. The aggregate amount borrowed by the company with each issue is sometimes referred to as stock.

loan creditor A creditor of a company, such as a person who holds redeemable *loan capital issued by the company. For the purposes of tax law, loan creditors (other than banks) are participators in *close companies.

local Act See ACT OF PARLIAMENT.

local authority A body of councillors elected by the inhabitants of a local government area (see FRANCHISE) to exercise local government functions. In England (except *Greater London and the metropolitan county areas) county areas are governed either by *county councils and *district councils (in a two-tier system) or by *unitary authorities (single-tier system); this mixed system of local government was introduced between 1996 and 1998,which resulted in the reorganization of some local government areas. There are in addition *parish councils for parishes with 200 or more electors. In Wales the local authorities are the county council, the county borough council, and the *community council. The Welsh county and county borough councils are unitary authorities.

All councillors are elected for four years. County councillors are elected every fourth year counting from 1981, and parish and community councillors every fourth year from 1979. Metropolitan district councillors are elected by thirds, one in each year other than a former county council year, and other district councillors according to whether their council has opted for this method or for simultaneous election in every fourth year from 1979. A candidate for election to any local authority must be over 21 and a commonwealth citizen or citizen of the Republic of Ireland, must have sufficient local connection (e.g. residence, local employment, or voting rights), and must not be disqualified (e.g. by reason of being a bankrupt or holding paid employment under the authority).

Local authorities and children. Local authorities have statutory responsibilities for children in their area. The Children Act 1989 requires local authorities to provide services for *children in need so that wherever possible they may be brought up by their own families, thus avoiding the need for instituting care proceedings. The Act specifies certain services that local authorities must provide. These include: appropriate day care provision for under fives and after school and holiday activities

295 local laws

for children of school age; advice, guidance, and counselling; home help; transport or assistance with travel expenses in order to use any of the services provided and assistance with holidays; and family centres for all children in their area. Local authorities are also under a duty to provide accommodation for children whose parents are unable to do so (see VOLUNTARY ACCOMMODATION). An important objective of the Children Act is to promote the provision of these services as positive help for children in need. Emphasis is placed on the need for local authorities and families to work in partnership and often on the basis of written agreements. Local authorities also have a duty to investigate when they suspect that children in their area are being ill treated or neglected. If their suspicions are confirmed they must apply for a *care order, an *emergency protection order, or a *supervision order, as appropriate (see also SECTION 47 ENQUIRIES). In relation to adoption, local authorities are obliged to maintain an *adoption service and to report to the court in respect of non-agency adoption applications.

local government A form of government in which responsibility for the regulation of certain matters within particular localities (*local government areas) is delegated by statute to locally elected councillors (see

local government area An area constituting a unit for local government purposes. The local government areas in England (except *Greater London) are the *county, the *district, and the *parish. In certain parts of England *unitary authorities replaced nonmetropolitan county and district councils between 1996 and 1998,which resulted in the reorganization of some local government areas. In Wales the areas are the county, the county borough, and the *community; counties and county boroughs, which are administered by unitary authorities, replaced the twotier system of counties and districts in April 1996.

local government boundary commissions Two bodies established by the Local Government Act 1972 to undertake regular reviews of local government areas in England and Wales, respectively, and to propose alterations designed to improve the effectiveness and convenience of local government. Under the Local Government Act 1992 they were replaced by the *Local Government Commission for England and the Local Boundary Commission for Wales.

Local Government Commissioners See COMMISSIONS FOR LOCAL ADMINISTRATION.

Local Government Commission for England A body, established under the Local Government Act 1992,consisting of a Chairman and Chief Executive appointed by the Secretary of State for the Environment; the Chairman is empowered to appoint staff. The Commission was charged with the review of *local government areas in accordance with the directions of the Secretary of State. It can recommend structural changes - the replacement in any nonmetropolitan area of the two principal tiers of local government with a single tier (see UNITARY AUTHORITY); boundary changes; and electoral changes, such as changes in the number of councillors of the council for that area and the name of the area.

local land charge See LAND CHARGE; REGISTRATION OF ENCUMBRANCES.

local land charges register See REGISTRATION OF ENCUMBRANCES.

local laws Laws applying in only one locality, such as the area of a local authority (see BYELAW). In 1996 the Law Commission published a four-volume Chronological Table of Local Legislation to help those wanting to find out whether a local Act has been passed that affects them or their property. The table lists all 26,500 or so local

Acts passed since 1797 and states whether or not they are in force and how they have been amended.

local lottery See LOTTERY.

lock-out agreement A contract between a potential purchaser and the vendor of a property in which the vendor agrees that for a fixed period, such as two weeks, he will take the house off the market and not accept any other offers. Meanwhile the purchaser moves towards a quick *exchange of contracts, with the aim of securing the sale within that period. If the vendor breaches the agreement by accepting another offer, he can be sued for *breach of contract. Many vendors will not accept such agreements and some lawyers have argued they are unenforceable.

locus sigilli [Latin: place of the seal) See DEED.

locus standi [Latin: a place to stand] The right to bring an action or challenge some decision. Questions of locus standi most often arise in proceedings for *judicial review.

lodger n. A person who is given occupation of part of a house in return for rent, where the premises remain under the close control of the owner. A lodger normally has a mere *licence rather than a tenancy.

loitering n. See sus LAW.

London See CITY OF LONDON; GREATER LONDON.

London Assembly A component of the *Greater London Authority, created by the Greater London Authority Act 1999, consisting of 25 members, of whom 14 are *Constituency Members and 11are *London Members. The principal functions of the Assembly are to review and investigate actions and decisions of the *Mayor of London and to submit proposals to the Mayor. It may amend the Mayor's budget and it provides members to serve on the Metropolitan Police Authority, the London Fire and Emergency Planning Authority, and the London Development Agency.

London borough See GREATER LONDON.

London Development Agency A body created by the Greater London Authority Act 1999 to further the economic development of London, by promoting business efficiency and investment.

London Members Members of the *London Assembly who jointly represent the "Londonwide" constituency. The 11 London Members are elected every four years in May by voters in London, at the same time as *Constituency Members and the *Mayor of London are elected.

long tenancy For statutory purposes, a *fixed-term tenancy for a period exceeding 21 years. Where the rent is less than two-thirds of the property's rateable value, the tenancy is excluded from being an *assured tenancy. However, it will qualify for special protection if it would have been a *protected tenancy had the rent not been a low one. This allows the tenant to continue the tenancy beyond the fixed term. In such cases, if the landlord wishes to terminate the tenancy at the end of the fixed term, he must serve a statutory notice at least 6 months, but not more than 12 months, before the end of the tenancy. In this notice he can either propose a *statutory tenancy (the terms of which must be agreed with the tenant or settled by a court) or he can claim the right to resume possession of the premises. In the latter case he must have statutory grounds for possession, which correspond to those required for possession of a protected tenancy. If the tenant contests this notice, the landlord must apply for a court order for possession. If this is refused,

the tenant will be entitled to a statutory tenancy. Long tenancies made after the coming into force of the Housing Act 1988 are not protected in this way because no new protected tenancies can be made after that date. See also ENFRANCHISEMENT OF

TENANCY.

long title See ACT OF PARLIAMENT.

Long Vacation A *vacation of the Supreme Court lasting from 1 August to 30 September. During the Long Vacation only certain kinds of urgent business (called vacation business) can be transacted. It was formerly the rule in the High Court that statements of case could not be served during the Long Vacation, but this rule has now been abolished.

Lord Advocate The chief law officer of the Crown in Scotland, corresponding to the *Attorney General in England. He has ultimate responsibility for criminal prosecutions in Scotland, being assisted by a Solicitor General, advocates depute, and *procurators fiscal. He is normally a supporter of the ruling party and resigns his office upon a change of government, but he is not always a Member of Parliament.

Lord Chancellor The head of the judiciary, a government minister (in charge of the Lord Chancellor's Department), and Speaker of the House of Lords. He thus combines judicial, executive, and legislative functions. He is entitled to preside over the House when it sits as a final court of appeal; he appoints magistrates, makes recommendations for higher judicial appointments, and oversees such matters as the administration of the courts, the Community Legal Service, law reform, data protection, and human rights. As Speaker, he normally presides from the Woolsack over legislative proceedings but is free to vacate his seat and take part in debates and divisions. He is appointed by the Crown on the advice of the Prime Minister and (since 1974) may be a Roman Catholic. Conduct

Lord Chancellor'sAdvisory Committee on Legal Education and Conduct

A committee established by the Courts and Legal Services Act 1990 to assist in the maintenance and development of standards in the education, training, and conduct of those offering legal services. It consists of a senior member of the judiciary as chairman, practising and academic lawyers, and lay members.

Lord Chief Justice (LCJ) The chief judge of the *Queen's Bench Division of the High Court. He ranks second only to the Lord Chancellor in the judicial hierarchy. It was formerly the practice to appoint the Attorney General when a vacancy in the office occurred but this practice has now been abandoned and recent LC]s have been either *Lords Justices of Appeal or *Lords of Appeal in Ordinary on appointment. The LC] is ex officio a member of the Court of Appeal and is President of its Criminal Division.

Lord Justice of Appeal (U) An ordinary judge of the *Court of Appeal. The Lord (and Lady) Justices (LJJ) are normally appointed from those holding the post of a High Court judge or those possessing a ten-year High Court qualification under the Courts and Legal Services Act 1990.They become members of the Privy Council on appointment.

Lords, House of See HOUSE OF LORDS.

Lords of Appeal in Ordinary (Law Lords) Up to 11 persons, holders of high judicial office or practising barristers of at least 15 years' standing, who are appointed to life peerages under the Appellate Jurisdiction Act 1876 to carry out the judicial functions of the *House of Lords.

loss leader A product or service offered for sale by an organization at a loss in

spouse from the matrimonial home (see BATTERED SPOUSE OR COHABITANT) as well as making an order for sale of the matrimonial home in order to redistribute resources.

matrimonial home rights The rights of a spouse who is not a co-owner of the *matrimonial home to live in the home. A spouse who is in occupation of the home has a right not to be evicted from it, and a spouse who is not in occupation has a right to enter and occupy the home. See also OCCUPATION ORDER.

matrimonial injunctions See BATTERED SPOUSE OR COHABITANT.

matrimonial offence Misbehaviour, such as adultery, desertion, or cruelty, by a party to a marriage. Formerly (before 1969), proof of matrimonial offences provided grounds for divorce and was important in applications in magistrates' courts for financial relief during the marriage.

matrimonial order Formerly, an order made by magistrates under the 1960 Matrimonial Proceedings and Magistrates' Courts Act for periodical payments, custody of children, or noncohabitation clauses. However, both the grounds on which magistrates may exercise jurisdiction and the type of orders they may make are now governed by the 1978 Domestic Proceedings and Magistrates' Courts Act.

matrimonial proceedings (matrimonial causes) Proceedings for *divorce, *judicial separation, or *nullity of marriage. All matrimonial proceedings must be heard in a divorce county court or the Divorce Registry in London. The proceedings may be transferred from the county court to the High Court, and vice versa, at the court's discretion. See also FAMILY PROCEEDINGS.

maturity n. The time at which a *bill of exchange becomes due for payment. When a bill is payable at a fixed period after date, after sight, or after the happening of a specified event, the date of payment is determined by excluding the day from which the time is to begin to run and including the day of payment. When a bill is payable at a fixed period after sight. the time begins to run from the date of *acceptance if the bill is accepted and from the date of noting or *protest if the bill is noted or protested for nonacceptance.

maxims of equity Short pithy statements used to denote the general principles that are supposed to run through *equity. Although often inaccurate and subject to exceptions, they are commonly used to justify particular decisions and express some of the basic principles that have guided the development of equity. The main maxims are as follows:

equity acts *in personam; equity acts on the conscience; equity aids the vigilant;

equity will not suffer a wrong without a remedy (i.e. equity will not allow a person whom it considers as having a good claim to be denied the right to sue);

equity follows the law (i.e. equity follows the rules of common law unless there is a good reason to the contrary);

equity looks at the intent not at the form (i.e. equity looks to the reality of what was intended rather than the way in which it is expressed);

where the equities are equal, the earlier in time prevails (i.e. where rights are equal in worth or value, the earlier right created takes precedence over the later);

he who seeks equity must do equity;

he who comes to equity must come with *clean hands (see EQUITABLE REMEDIES); *equality is equity:

equity looks on that as done which ought to be done (see CONVERSION); equity imputes an intent to fulfil an obligation (see SATISFACTION); equity will not assist a volunteer (see

Mayor of London The head of the *Greater London Authority, elected every four years by the voters in London; the office was created under the Greater London Authority Act 1999. The responsibilities of the Mayor include the promotion of cultural, economic, and social development and improvement of the London environment by use of strategies to reduce air pollution and waste.

Mayor'sand City of London Court A court formed in 1922 by the amalgamation of the Mayor's Court and the City of London Court. It had an unlimited civil jurisdiction over matters arising within the City. The Court was abolished by the Courts Act 1971, but the name is retained by the *county court for the City of London, which has normal county court jurisdiction.

Measure n. See CHURCH OF ENGLAND.

measure of damages The principle that determines the amount of *damages awarded for a tort or a breach of contract.

mediation n. 1. A form of *alternative dispute resolution in which an independent third party (mediator) assists the parties involved in a dispute or negotiation to achieve a mutually acceptable resolution of the points of conflict. The mediator, who may be a lawyer or a specially trained nonlawyer, has no decisionmaking powers and cannot force the parties to accept a settlement. In family law, for example, mediators assist spouses to resolve disputes that have arisen as a consequence of the breakdown of their marriage by reaching agreement or reducing conflict over future arrangements for children or their finances. Mediation, which is designed to avoid the need to take cases to court, is likely to be extended to many other areas of the law since the publication of Lord Woolf's Access to Justice (Final Report) 1996 and the introduction of the *Civil Procedure Rules, in which it is actively encouraged. 2. (in international law) A method for the peaceful settlement of an international dispute in which a third party, acting with the agreement of the disputing states, actively participates in the negotiating process by offering substantive suggestions concerning terms of settlement and, in general, by trying to reconcile the opposing claims and appeasing any feeling of resentment between the

parties involved. See also CONCILIATION; GOOD OFFICES.

Member of Parliament (MP) See HOUSE OF COMMONS.

Members'interests Interests of Members of Parliament that might affect their conduct as MPs; for example, employments, company directorships, shareholdings, substantial property holdings, and financial sponsorships. By a 1975 resolution of the House, these must be registered for public information. After various allegations of Members not disclosing financial rewards received from outside parties in return for asking questions in the House ("cash for questions"), the rules on disclosure were tightened in 1996,when the Code of Conduct for Members of Parliament with a Guide to the Rules Relating to the Conduct of Members were published.

memorandum in writing Under former provisions of the Law of Property Act 1925, written evidence of a contract for the sale or other disposition of land or of any interest in it. The Act provided that such a contract could not be enforced unless it, or some memorandum or note evidencing the parties' agreement (identifying the parties, the property, the price, and other essentials), was in writing and signed by the party to be held liable on the contract. In practice, a contract