GLOSSARY
Abatement notice definition
What does Abatement notice mean?
A statutory notice requiring a specified activity to cease, or certain improvements to be implemented.
Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, in its area, it shall serve an abatement notice on either the person responsible for the nuisance or, in that person's absence, the owner or occupier of the premises (Environmental Protection Act 1990, s 80). The abatement notice will impose specific requirements on the recipient with timescales, to abate the nuisance or prohibit or restrict its recurrence, and may specify further steps that are necessary to achieve this.
View the related practice notes about Abatement notice
Air pollution—air quality targets and local air quality management
Air pollution—air quality targets and local air quality management Air quality controls in England and Wales are interrelated, and stem from European legislation and international conventions, as well as from a number of national initiatives. For an overview of air pollution controls, see: data-ln-csis="393763" data-ln-lnis="55KB-D851-F18C-102J-00000-00">Air pollution—overview, which also provides links to Practice Notes dealing with many aspects of air quality. Air quality is a devolved matter, and although the UK government leads on international legislation implementation, the domestic air quality controls can vary across the regions. This note considers any variation only in relation to England and Wales. Brexit 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. EU Exit Regulations Air Quality (Amendment of Domestic Regulations) (EU Exit) Regulations 2019, SI 2019/74 and Air Quality Standards (Wales) (Amendment) (EU Exit) Regulations 2019, SI 2019/390 are made to address the functioning of subordinate legislation concerning air pollution, including and relevant to this content: • Air Quality Standards (Wales) Regulations 2010, SI 2010/1433 • Air Quality Standards Regulations 2010, SI 2010/1001 The majority of amendments made are changes
Environmental prosecution and enforcement policy
Environmental prosecution and enforcement policy Environmental enforcement principles Three principles form the basis of environmental protection in the UK: • the preventative principle—promotes the prevention of environmental harm as opposed to remedying harm that has been caused and is often linked to the precautionary principle • the precautionary principle—being ‘safe rather than sorry’ and where reasonable evidence exists, requires action to avoid potential negative impacts to be taken, instead of waiting for absolute proof, and • the polluter pays principle—that anybody responsible for producing pollution should also be responsible for paying for the damage done to the environment as a result of that pollution The Environment Bill requires the preparation of a statutory policy statement on five internationally recognised environmental principles. On 10 March 2021, the Department for Environment, Food & Rural Affairs (Defra) launched a consultation on a draft policy statement on environmental principles, which closed on 2 June 2021 (see LNB News 10/03/2021 66). This policy statement will see five environmental principles committed to by the UK government to guide its work and ensure considerations for the environment remain central to policy making. In addition to the above three principles will be: • the integration principle—policy-makers should look for opportunities to embed environmental protection in other fields of policy that have impacts on the environment • the rectification at source principle—if damage to the environment cannot be prevented it should be
Sentencing individuals for environmental offences
Sentencing individuals for environmental offences The Sentencing Council has published offence specific sentencing guidelines for use in the magistrates’ courts and Crown Courts in England and Wales for the unauthorised or harmful deposit, treatment or disposal of waste and for illegal discharges to air, water and land contrary to section 33 of the Environmental Protection Act 1990 (EPA 1990) and the Environmental Permitting (England and Wales) Regulations. Note that while the guidelines make reference to the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675, these have been revoked and replaced by the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 and so references in the guidelines to EPR 2010 should be read to include reference to EPR 2016. The Sentencing Council has also published sentencing guidelines for the following other environmental offences, but these are based upon guidelines in place for unauthorised or harmful deposit, treatment or disposal of waste and for illegal discharges to air, water and land, and sentencing courts are instructed to refer to the sentencing approach in steps 1–3 and 5 and 6 of the main guidelines, adjusting the starting points and ranges to take account of the statutory maximum penalties for these offences: • breach of duty of care (EPA 1990, s 34) • transporting controlled waste without registering
Dangerous buildings and structures
Dangerous buildings and structures Powers of the local authority The local authority has powers to deal with dangerous buildings under a number of statutes: • section 77 of the Building Act 1984 (BA 1984)—court order • BA 1984, s 78—emergency measures • BA 1984, s 76—defective premises • BA 1984, s 79—ruinous and dilapidated buildings and neglected sites • Environmental Protection Act 1990, s 80—statutory nuisance • sections 21 and 22 of the Health and Safety at Work etc Act 1974 (HSWA 1974)—improvement and prohibition notice Meaning of 'dangerous building or structure' The term 'dangerous structure' covers any building, part of a building or other structure, where it poses a serious danger to the public. Examples of ways that the building or structure could be dangerous include loose slates/tiles, vehicle damage/collapsing walls, loose chimneys, leaning garden walls, broken hoarding, etc. Buildings or structures can become dangerous as a result of poor maintenance, fire, storm, vehicle impact or explosion. The term does not cover buildings which are simply dilapidated or run down (for example due to falling trees), holes in or uneven roads/footpaths and loose manhole covers etc. Building Act 1984, s 77—court order Under BA 1984, s 77(1), if it appears to a local authority that a building or structure, or part of a building or
Environment cases tracker 2020
Environment cases tracker 2020 This Environment cases tracker tool displays key decisions and appeal updates of interest to Environment lawyers from 1 January 2020. The tracker is divided into: • the Upper Tribunal • the High Court of England and Wales • the Court of Appeal • the UK Supreme Court • the Court of Justice of the European Union Judgments and appeal updates can be found in the court where the most recent judgment was handed down. Cases are displayed in reverse chronological order with the most recent first. For information on key decisions and appeal updates of cases where judgment was handed down in 2021, see: Environment cases tracker 2021 and Environment EU tracker 2021 — European cases tracker. For information on previous key decisions and appeal updates of cases from 2016, see: • Environment cases tracker 2019 [Archived] • Environment cases tracker 2018 [Archived] • Environment cases tracker 2017 [Archived] • Environment cases tracker 2016 [Archived] Upper tribunal Case Judgment date Key facts/analysis Devon Waste Management Ltd v Revenue and Customs Commissioners Biffa Waste Services Ltd v Revenue and Customs Commissioners [2020] UKUT 1 (TCC) 3 January 2020 The First-tier Tribunal (Tax Chamber) had erred in finding that the use made by the appellant taxpayer companies, which operated landfill sites, of black bag
Appealing an abatement notice
Appealing an abatement notice Statutory nuisance leading to abatement notice A local authority has a duty to inspect its area from time to time for any statutory nuisances, and where a complaint of a statutory nuisance is made to them by a person living in its area, it must take such steps as are reasonably practicable to investigate the complaint. A statutory nuisance may arise from matters which include any of the following which is or is likely to be ‘prejudicial to health’, or a nuisance: • the physical state of a premises • smoke, fumes or gases emitted from premises, vehicle, machinery or equipment in a street • dust, steam, odours from a business, industrial or trade premises • rubbish or any accumulation or deposited material • noise emitted from any premises, vehicle, machinery or equipment in the street For more information on the above, see Practice Note: Statutory nuisance. A statutory nuisance may also be abated, restricted or prevented by a nuisance order of the magistrates’ court pursuant to proceedings issued by a person aggrieved. This is considered in Practice Note: Statutory nuisance. The abatement notice Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, it must serve an abatement notice (a different duty applies where the statutory nuisance falls under section 79(1)(g) of the Environmental Protection Act
Noise nuisance offences
Noise nuisance offences Noise is just one type of statutory nuisance under the Environmental Protection Act 1990 (EPA 1990). For information about statutory nuisance generally, see Practice Note: Statutory nuisance. Noise nuisance Noise accounts for most of the complaints that local authorities and the Environment Agency (EA) receive about environmental pollution. Noise can be defined as any unwanted sound which occurs unexpectedly, or is too loud or repetitive. Noise at certain decibels can be hazardous to health, low frequency noise being as damaging as loud noise. Noise nuisance is generally dealt with by local authorities as an environmental health issue. The police deal with complaints where the noise amounts to a breach of the peace, or where it is associated with threatening, violent or other anti-social behaviour. The police and local councils work together in taking measures or obtaining orders against residents engaging in anti-social behaviour ie causing alarm, harassment and distress to others. See Practice Note: Anti-social behaviour—environmental breaches. Public nuisance To create a public nuisance is an offence at common law. Public nuisance has to a large degree been superseded by statutory nuisance (see below). Statutory noise nuisance offences For detailed and more general information on statutory nuisance, see Practice Note: Statutory nuisance. There are two categories of statutory nuisance under section 79(1) of the Environmental Protection Act 1990
Contaminated land—determinations
Contaminated land—determinations Who makes the determination? Local authorities (LAs) have sole responsibility for determining whether land is contaminated land under the Environmental Protection Act 1990, Pt IIA (EPA 1990). They cannot delegate this responsibility, other than in accordance with their statutory powers under the Local Government Act 1972, s 101. LAs may rely on information or advice from the Environment Agency (EA), Natural Resources Wales (NRW) or a suitably qualified expert when considering whether to determine land. However, the ultimate decision must be made by the LA. In practice, the determination is likely to be made by an officer acting under delegated authority or by committee resolution. Whoever the decision maker is, they must ask themselves whether the land is, or is not, contaminated land. At this stage, it is not relevant to consider whether it is appropriate to serve a remediation notice. That question follows the determination. For example, in Shelley, a LA committee asked itself the wrong question when determining whether a statutory nuisance existed.
Sentencing guidelines for corporate offenders
Sentencing guidelines for corporate offenders Sentencing corporate offenders The Sentencing Council (SC), whose role it is to issue sentencing guidelines, has produced several offence-specific sentencing guidelines which apply specifically to businesses and other corporate bodies or organisations that have been convicted of criminal offences (corporate offenders). The guidelines are intended to achieve a balance between certainty for prosecutors and defendants as to the likely sentence and flexibility to allow for variable organisation size and turnover and the type of criminal behaviour. The SC also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises, see Practice Notes: Sentences and the power to vary a sentence and Sentencing criminal offences—sentencing guidelines and resources. This Practice Note sets out the various offence-specific guidelines available for sentencing corporate offenders as well as providing links through to relevant content. It also draws together some key themes which are common to all of the guidelines. Sentencing guidelines and resources for corporate offenders The following offence-specific guidelines apply to corporate offenders: Guideline Offences covered Additional resources Organisations: Breach of duty of employer towards employees and non-employees/Breach of duty of self-employed to others/Breach of Health and Safety regulations (Crown Court)Organisations: Breach of duty of employer towards employees and non-employees/Breach of duty of self-employed to others/Breach of Health and Safety regulations
In-house lawyers: risk management—environmental risks
In-house lawyers: risk management—environmental risks Written for in-house lawyers, this risk management guide aims to provide a useful checklist when considering how to address the environmental risks relating to your organisation and to provide the tools to monitor compliance with the laws. Managing environmental risk General counsel and in-house lawyers may consider environmental risk in varying degrees, depending largely on what the organisation does and what drivers might cause organisations to have to consider how they demonstrate compliance with environmental laws. For example, organisations that wish to achieve and maintain certification under the ISO 14001 will have to demonstrate legal compliance (see Practice Note: Environmental management—environmental legal registers) while others are bound by environmental regulation to ensure that the activities they undertake can be sustained. This guide aims to set out: • key environmental issues to consider primarily as part of an office, with reference to some key legislation • a step-by-step guide to various tasks to be undertaken to manage the risk • solutions to help you reduce environmental risk • a means of reporting to your board or risk management colleagues on the legal risks and how you have addressed them, or put measures in place for others in the business to address them Managing environmental risk may also be a key aspect of the ongoing risk management and captured in the business risk register. For more information
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How should a complaint against an abatement notice under section 51 of the Magistrates’ Court Act 1980 (MCA 1980) be made and what is the impact of non-payment of the court fee payable? What are the permitted methods laying a complaint under MCA 1980, s 51 to a magistrates' court?
How should a complaint against an abatement notice under section 51 of the Magistrates’ Court Act 1980 (MCA 1980) be made and what is the impact of non-payment of the court fee payable? What are the permitted methods laying a complaint under MCA 1980, s 51 to a magistrates' court? Laying a complaint in the magistrates’ court Certain proceedings before a magistrates’ court must be begun by the laying of a complaint under section 51 of the Magistrates’ Courts Act 1980 (MCA 1980). An appeal against an abatement notice is one such example. The procedure for laying a complaint comes under the magistrates’ courts civil jurisdiction as opposed to its criminal jurisdiction. The distinction between an information and a complaint is that an information is laid where the person charged has committed, or is alleged to have committed, an offence for which they may be punished, while a complaint is made where the person in regard to whom it is made is liable, or alleged to be liable, to have an order made upon them either to pay money or to do or refrain from doing any act. See Commentary: Distinction between information and complaint: Halsbury's Laws of England [522]. MCA 1980, s 51 provides: ‘Where a complaint relating to a person is made to a justice of the peace, the
How can you appeal an abatement notice served for a statutory nuisance under section 80 of the Environmental Protection Act 1990?
How can you appeal an abatement notice served for a statutory nuisance under section 80 of the Environmental Protection Act 1990? For the purposes of this Q&A we have assumed the appeal is against an abatement notice for statutory nuisance issued in the magistrates' court. We refer you to Practice Note: Appealing an abatement notice for information on the process for appealing an abatement notice. The recipient of an abatement notice can appeal the notice within 21 days of service. The day it is received is the first of the 21 days, so the person responsible must act quickly if they plan to appeal. The permissible grounds of appeal are set out in the Statutory Nuisance (Appeals) Regulations 1995, SI 1995/2644. Grounds of appeal include: • lack of justification for the notice, eg the activity does not constitute a statutory nuisance • defect in the notice • unreasonable time limits for compliance • best practicable means to counteract the nuisance • unreasonable refusal by the authority to accept alternative requirements • service on a person who is not the person
What duty does the owner of a residential property owe to a person occupying the property as licensee in respect of their health and safety?
What duty does the owner of a residential property owe to a person occupying the property as licensee in respect of their health and safety? Distinction between license and tenancy A licence is a personal right or permission given by the land owner (the licensor) for the licensee (the person being granted the right) to do something on the licensor’s land. The licensee is given permission to use the land for the authorised purpose and effectively prevents that act from being a trespass. Unlike a lease, a licence does not create an estate in land. A lease gives tenants a range of statutory protections which include various forms of 'security of tenure', compensation for improvements and protection from eviction and the regulation of costs such as service charges. In contrast licensees will generally not enjoy those protections afforded to tenant. However, where there is any doubt about its legal effect the court will lean towards finding that an agreement is a lease rather than a licence so that the occupier has statutory rights and protections. The court will determine whether an agreement is a lease or a licence by looking at its substance, not the label attached to it by the parties. In Street v Mountford the House of Lords identified the hallmarks of a tenancy as exclusive possession and defined premises. It is always important to consider whether
What powers do local authorities in England and Wales have to issue a fixed penalty notice for a breach of an abatement notice served under section 80 of the Environmental Protection Act 1990? Does a local authority need to adopt a statutory provision before being able to issue such a fixed penalty notice to a commercial organisation?
What powers do local authorities in England and Wales have to issue a fixed penalty notice for a breach of an abatement notice served under section 80 of the Environmental Protection Act 1990? Does a local authority need to adopt a statutory provision before being able to issue such a fixed penalty notice to a commercial organisation? This Q&A relates solely to fixed penalty notices (FPNs) issued in respect of breaches of abatement notices issued pursuant to section 80 of the Environmental Protection Act 1990 (EPA 1990). There are many other statutory powers that local authorities have to issue FPNs for other offences and the relevant legislation must be examined carefully: the Environmental Offences (Fixed Penalties) (England) Regulations 2017, SI 2017/1050 or the Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, SI 2018/171. Where a local authority (LA) is satisfied that a statutory nuisance exists, or is likely to recur, it has a duty to issue an abatement notice under
Can a local authority be compelled to take action against the owner of a property who has allowed accumulation of waste in their garden causing a rat infestation which plagues neighbouring properties? What can the neighbours do to get the rubbish removed?
Can a local authority be compelled to take action against the owner of a property who has allowed accumulation of waste in their garden causing a rat infestation which plagues neighbouring properties? What can the neighbours do to get the rubbish removed? Can the local authority be compelled to take action on the basis of public health or on any other basis? The local authority has a duty to inspect a premises if a member of the public complains about a statutory nuisance. The Environmental Protection Act 1990, s 79 (EPA 1990), says; and it shall be the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances which ought to be dealt with under section 80 below or sections 80 and 80A below and, where a complaint of a statutory nuisance is made to it by a person living within its area, to take such steps as are reasonably practicable to investigate the complaint The neighbour can make a complaint to the Environmental Health department of his local authority and they will have a duty to investigate whether a ‘statutory nuisance’ exists at A’s property. It is not relevant whether the nuisance exists on private or public land, just that it is within the relevant authority’s area. What is a statutory nuisance? A statutory nuisance
In seeking to serve an abatement notice, pursuant to section 80 of the Environmental Protection Act 1990 (EPA 1990), is service effected, for the purposes of EPA 1990, s 160(2), by a local authority officer attending the property in question, the addressee not being present, but a non-resident friend coming out of the address and taking the letter from the officer?
In seeking to serve an abatement notice, pursuant to section 80 of the Environmental Protection Act 1990 (EPA 1990), is service effected, for the purposes of EPA 1990, s 160(2), by a local authority officer attending the property in question, the addressee not being present, but a non-resident friend coming out of the address and taking the letter from the officer? Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, it must serve an abatement notice (section 80(2) of the Environmental Protection Act 1990 (EPA 1990)). Abatement notices In principle, a statutory nuisance need occur only once for an abatement notice to be served, provided the local authority is satisfied that it is likely to recur. Subject to an exception in the case of certain statutory noise nuisances (in respect of which, see Practice Note: Noise nuisance offences), the abatement notice must be served on: • the person responsible for the nuisance • the owner of the premises where the nuisance arises from any defect of the structural character of the premises, or • the owner or occupier of the premises where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred Where more than one person is responsible, a notice may be served on each of them whether or not
Which environmental authorities regulate and enforce odour controls and what powers do they have?
Which environmental authorities regulate and enforce odour controls and what powers do they have? The odours emanating from industrial, trade or business premises and which may be prejudicial to health, may constitute a statutory nuisance. The Environmental Protection Act 1990 (EPA 1990), regulates the law concerning statutory nuisance. In particular, EPA 1990, Pt III and Sch 3. EPA 1990 provides a self-contained code, giving local authorities (eg district councils and London and other borough councils) and aggrieved individuals separate avenues of enforcement to abate and prevent statutory nuisances, as well as creating offences inter alia for contravening or failing to comply with those enforcement measures. Local authorities are under a duty: • to inspect their areas from time to time for any statutory nuisances • where a complaint of a statutory nuisance is made to them by a person living in its area, to take such steps as are reasonably practicable to investigate the complaint, and • where they are satisfied that a statutory notice exists or is likely to occur or recur, to serve an abatement notice (arguably, unless they have good grounds to consider that a ‘best practicable means’ appeal would succeed) For further information, see Practice Notes:
What rights of entry do landlords have in relation to checking and repairing utility appliances?
What rights of entry do landlords have in relation to checking and repairing utility appliances? Gas Safety (Installation and Use) Regulations 1998 Where a residential premises is occupied under a lease or licence, under section 36 of the Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451 a landlord is required to ensure that there is maintained in a safe condition any gas fitting and any flue which serves any relevant gas fitting in order to prevent the risk of injury to any person in lawful occupation. A landlord must ensure that each appliance to which the duty extends is checked within 12 months of installation and thereafter at intervals of not more than 12 months. Landlords must ensure that any work in relation to a relevant gas fitting or any check to be carried out is carried out by a member of (or by an employee of a member of) a class of persons approved by the Health and Safety Executive. Landlord and Tenant Act 1985 Under section 11(b) of the Landlord and Tenant Act 1985 a landlord is obliged to keep in repair and proper working order the installations in the dwelling-house for the supply
How can a local authority serve a notice under sections 76–78 of the Building Act 1984 where the company which owned the freehold has been dissolved? How does this differ if the Crown has later disclaimed the land?
How can a local authority serve a notice under sections 76–78 of the Building Act 1984 where the company which owned the freehold has been dissolved? How does this differ if the Crown has later disclaimed the land? Sections 76–78 of the Building Act 1984 (BA 1984) contain provisions allowing local authorities to require certain classes of people to take action to remedy defective or dangerous buildings, or in default to take action themselves. Unless immediate action is required and it is not reasonably practicable to do so, notice is to be given in advance. Under BA 1984, s 76 (in the case of defective premises), notice is to be served on the person on whom it would have been appropriate to serve an abatement notice, which is (pursuant to section 80 of the Environmental Protection Act 1990): ‘(a) except in a case falling within paragraph (b) or (c) below, the person responsible for the nuisance; (b) where the nuisance arises from any defect of a structural character, the owner of the premises; (c) where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred, the owner or occupier of the premises.’ Under BA 1984, s 78 (in the case of dangerous buildings), notice is to be given to the owner and
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This week's edition of Local Government weekly highlights includes News Analysis of the Public Procurement Bill and the Levelling Up and Regeneration Bill, analysis of Advinia Healthcare Limited v Care Quality Commission, which involves a judicial review of the newly issued guidance for care providers; and Elkundi v Birmingham CC, wherein the Court of Appeal clarified local authorities’ duties to provide suitable accommodation with regards to homeless applicants. Case digests include James v Dover DC and Swire v Canterbury CC, both of which involve judicial reviews of planning decisions. The weekly highlights also includes further updates on Brexit, public procurement, governance, education, social care, healthcare, social housing, planning, licensing, local authority prosecutions and local government finance.
Planning weekly highlights—5 May 2022
This week's edition of Planning weekly highlights includes: a court decision considering the intensification of use at a motor sports venue; additional councils joining the Local Land Charges Register and an order to enable the Construction Industry Training Board to raise and collect a levy on employers in the construction industry.
Local Government weekly highlights—26 August 2021
This week's edition of Local Government weekly highlights includes case analysis of R (Anderson) v Liverpool CC on local authority indemnities, R (Kalonga) v Croydon LBC on flexible tenancies and review request time limits, Supreme Court case CPRE Kent v SSHCLG on costs guidance for planning statutory reviews that also affects judicial review cases, Backland v Monmouthshire CC considering the overlap between planning considerations and building regulations and R (Hussain) v Kirklees BC on eligibility for Coronavirus (COVID-19) grant schemes. It also includes the latest COVID-19, public procurement, governance, judicial review, education, social care, healthcare, social housing and planning updates.
Environment weekly highlights—26 August 2021
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Local Government weekly highlights—13 May 2021
This week's edition of Local Government weekly highlights includes details of the bills set out in the Queen’s Speech that will impact the local government sector and covers the usual legislation, updated guidance and news on coronavirus (COVID-19) including case analysis of the cost capping decision in Good Law Project v Minister for the Cabinet Office. Non-COVID-19 related updates include case analysis of the application of EU public procurement to commercial leases in Commission v Austria, Re F and Aster Communities v Chapman plus analysis of the various upcoming Civil Procedure Rules (CPR) and 130th and 131st practice direction updates. The weekly highlights also includes further updates on public procurement, governance, judicial review, education, children’s social care, social care, healthcare and social housing.
Corporate Crime weekly highlights—13 May 2021
This week's edition of Corporate Crime weekly highlights includes consideration of the Queen’s Speech and the Bills which will be of interest to corporate crime lawyers, analysis of what the recent acquittal of Serco executives means for the popularity of deferred prosecution agreements (DPAs), assessment of potential UK-EU divergence in financial and trade sanctions post-Brexit as well as analysis of the UK’s new global anti-corruption sanctions regime. News that the Pensions Regulator (TPR) has commenced more prosecutions for pensions offences, that EU proposals on money laundering and consumer protection will be published in late June/early July 2021 and that the Home Office has launched consultation on the Computer Misuse Act 1990 are also considered, alongside news that the Care Quality Commission (CQC) has prosecuted a healthcare company for breach of its duty of candour responsibilities. We also provide the usual round-up of key news and developments relating to the coronavirus (COVID-19) pandemic. All this, and more, in this week’s Corporate Crime weekly highlights.
Environment weekly highlights—13 May 2021
This week's edition of Environment weekly highlights includes our analysis of key announcements made in the Queen’s Speech of interest to environmental lawyers, including in relation to the long-awaited Environment Bill. In addition BEIS has this week published the UK ETS allocation table for the 2021–2025 allocation period, Defra has announced new plans to boost recycling in England and the EA has launched its new Flood and Coastal Erosion Risk Management Strategy Action Plan. We have also published a new Practice Note: ‘The European Green Deal—tracker’, which provides an overview of the European Green Deal programme and tracks developments made in line with its roadmap of policies. This includes this week’s announcement of a provisional agreement on an EU Climate Law, and the Commission’s adoption of its Action Plan on Zero Pollution for Air, Water and Soil.
Corporate Crime weekly highlights—4 June 2020
This week's edition of Corporate Crime weekly highlights provides a round-up of key news and developments relating to the Coronavirus (COVID-19) pandemic, including the coming into force of new and amended health protection regulations and the Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2020, SI 2020/562. We provide analysis of ‘corona crime’ trends, Health and Safety Executive (HSE) guidance on enforcement of social distancing at work, the revocation a pub’s licence for breach of the lockdown provisions as well as the Coronavirus (Scotland) (No 2) Act 2020. Also included is analysis of the Advocate General opinion that the European Court of Justice (ECJ) has jurisdiction to review sanctions in EU Common Foreign and Security (CFSP) matters, a High Court judgment on costs in judicial review matters and the increasing use by HMRC of account freezing and forfeiture orders to tackle suspected criminal activity. With the UK-EU High Level Conference expected this month to take stock of negotiations, we include the latest Brexit developments. A recent £1.2m fine in a health and safety prosecution is also covered, alongside news that the European Commission (EC) is considering tightening the rules for recovering the proceeds of crime. All this, and more, in this week’s Corporate Crime highlights.
Local Government weekly highlights—4 June 2020
This week's edition of Local Government weekly highlights is again predominantly focused on latest legislation, guidance and news on coronavirus (COVID-19) including its impact on healthcare, governance, education, social housing, social care and licensing. It includes information and guidance for the phased reopening of schools, together with case analysis on Hackney London Borough Council v Okoro which held that the stay on possession proceedings under CPR 55 includes appeals; and analysis on the Pendulum Pub which had its premises licence revoked for violating coronavirus restrictions. Non-COVID-19 related updates include case analysis on Barlow v Wigan Metropolitan Borough Council clarifying the meaning of a highway constructed by a highway authority within the Highways Act 1980; case analysis on Hunt v Director of Prosecutions on whether the costs of intervening in the Court of Appeal can be recoverable in judicial review proceedings; analysis on R (on the application of Flores) v Southwark London Borough Council on whether a property could be said to have become overcrowded by a ‘deliberate act’; analysis of Cardtronics UK Ltd v Sykes on whether ATM sites should be assessed separately for business rates; analysis of R (Fisher) v Durham County Council exploring the interface between statutory nuisance legislation and equalities law; case report on Croydon LBC v Kalonga; report on Re H (a child) (parental responsibility: vaccination). It also includes further Brexit, governance, judicial review, education, social housing, social care and highways updates.
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