In a continuing series, the Law Society's practice advice service offers guidance on a range of issues


Q I have been told that there is a new Land Registry requirement that all leases should contain a front sheet summarising the contents of the lease. Where can I find more information?



A Under the Land Registration (Amendment) (No 2) Rules 2005, SI 2005/1982, a requirement is being introduced for most new leases of any type of property that are registerable under the Land Registration Act 2002. These leases should have a front sheet setting out 'prescribed information', containing details such as the date of the lease, the term, the premium and other relevant information.

The use of these 'prescribed clauses leases' became compulsory for leases dated on or after 19 June 2006 (see (2005) Gazette, 10 November 2005, 32). For additional information, see a copy of the Land Registry Practice Guide 64, which is available on the Land Registry Web site at www.landregistry.gov.uk, or by contacting the Land Registry's dedicated prescribed clauses helpline, tel: 0870 908 8062.





Q I am acting for a client whose husband has clearly lost the mental capacity to understand or enter into an enduring power of attorney. Can my client make an application to be appointed as receiver?



A Yes. An application can be made to the Court of Protection for the appointment of a receiver if a person is incapable by reason of mental disorder of managing and administering his property and affairs (see section 94 of the Mental Health Act 1983). Section 1(2) of the Act defines mental disorder as meaning mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of mind. For further information, see www.guardianship.gov.uk.





Q I am representing a non-English speaking client at the police station. Do I need to use a different interpreter from the one used by the police?



A The defence solicitor is responsible for ensuring that the interpretation needs of the client or appropriate adult in the police station not identified by the police are met and, if a second interpreter is not available, that the interpreter employed by the police is appropriate for defence consultations and that the client consents to the use of the same interpreter.

When acting for the defendant, a solicitor should use a different interpreter for defence consultation, and you are responsible for obtaining and paying for the interpreter's services, either under existing contracting arrangements or through prior authority from the Legal Services Commission (LSC). The LSC has issued the following advice: 'When a defence solicitor requires an interpreter to facilitate the provision of advice between a solicitor and a client, a different interpreter, where practicable, should be used. Where this is not practicable, the client may, through his or her defence solicitor, consent to the use of a police-appointed interpreter.'

It may also be necessary to have a second interpreter if the client is vulnerable, or knows the interpreter personally, or by repute. Interpreters employed by the police should be selected from the National Register of Public Service Interpreters or the Council for the Advancement of Communication with Deaf People and therefore be bound by the professional codes of impartiality and confidentiality, but community relations can mean that the client has little confidence in the interpreter/police relationship. This may affect the quality of the solicitor-client consultation if a different interpreter is not used.

However, these issues need to be weighed against the client's interests in waiting in custody for a second interpreter. This can be a lengthy period, especially if interpreters for the required language are not readily available.

Where the police-employed interpreter is used, it is good practice to advise the client of the interpreter's independence from the police. See the Law Society's publication Criminal Defence, which is available from the Law Society bookshop, tel: 020 7320 5640.





Q I have a number of immigration clients and I need to know whether they are exempt from paying VAT. Is there any guidance?



A Yes, see the guidance produced by Revenue & Customs, 'Clarification of place of supply policy', which can be viewed at: www.hmrc.gov.uk. For publicly funded matters, also see the Legal Services Commission (LSC) guidance published in Focus 49, which can be viewed at www.legalservices.gov.uk.

This issue came to light in 2004 when Treasury solicitors contested liability to pay VAT on costs awarded in favour of an asylum seeker. Revenue & Customs has always maintained that where legal services are provided to persons who, for VAT purposes, are deemed to belong outside the EU, there is no liability for VAT on profit costs. However, this position was not widely known. Practitioners have generally added VAT to bills either rendered to either private clients or the LSC where the client's immigration status in the UK was awaiting determination or of a temporary nature.





This column is compiled by the Law Society's practice advice service, tel 0870 606 2522, e-mail: lib-pas@lawsociety. org.uk. Comments relating to the questions should be sent to Practice Advice Service Manager, The Law Society, 113 Chancery Lane, London WC2A 1PL. The service endeavours to ensure that the information provided is correct but does not accept liability for error or omission. Readers should bear in mind that this publication is intended for information purposes only and should not act on the basis of the information provided without verifying it first