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GLOSSARY

Escalation definition

Published by a LexisNexis Pensions expert

What does Escalation mean?

The increments applied to an annuity in payment.

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Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

Commercial contract review and execution (business personnel)—checklist

Commercial contract review and execution (business personnel)—checklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review—checklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...

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Late payment penalties—income tax, capital gains tax and corporation tax

Late payment penalties—income tax, capital gains tax and corporation tax FORTHCOMING CHANGES relating to late payment and late submission penalties: As announced at Spring Budget 2021, Finance Act 2021 provides for substantial changes to the regimes for late payment and late submission penalties for VAT and income tax. For VAT, these changes (alongside changes aligning the late payment interest rules for VAT with those for income tax) take effect from 1 January 2023 (see Practice Note: VAT penalties). However, for those within income tax self-assessment, the changes are expected to come into effect as taxpayers become mandated to Making Tax Digital (MTD): from 6 April 2026 for those with business or property turnover of over £50,000 per year; from 6 April 2027 for those with business or property turnover of over £30,000 per year; and (as announced at Spring Statement 2025) from 6 April 2028 for sole traders and landlords with qualifying income over £20,000 per year. This is subject to limited exceptions and deferrals. fTaxpayers...

EU AIFMD—depositaries

EU AIFMD—depositaries This Practice Note examines the role of depositaries under the Alternative Investment Fund Managers Directive (Directive 2011/61/EU) (AIFMD) and their responsibilities for safeguarding assets, monitoring cash flows, and overseeing alternative investment funds (AIFs). It discusses the AIFMD’s depositary requirements, the entities eligible to serve as depositaries, their functions, issues related to delegation and liability, the depositary agreement, and the reforms for depositary services introduced by Directive (EU) 2024/927 (AIFMD II). What is the AIFMD? The AIFMD (Directive 2011/61/EU) came into effect in EU Member States on 22 July 2013 and covers the management, administration and marketing of AIFs across the EU. AIFMD, as implemented, applies to all EU alternative investment fund managers (AIFMs) that manage one or more AIFs, irrespective of whether those AIFs are EU AIFs or non-EU AIFs. The AIFMD, as implemented in EU Member States, also applies to: • non-EU AIFMs who manage EU AIFs, and • (in part) to non-EU AIFMs who actively market AIFs in the EU For general information on the application of the...

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Ireland—data protection impact assessment—artificial intelligence

Ireland—data protection impact assessment—artificial intelligence DPIA screening questionnaire The screening questionnaire should be a concise document and not overly burdensome on the business. However, it needs to provide sufficient information to the DPO/Privacy POC to decide if a DPIA needs to be completed. Like the DPIA itself, the screening questionnaire will be drafted by a multidisciplinary team within the business. All completed screening questionnaires should be approved, time stamped and retained by the DPO/Privacy POC. Where a DPIA is required, it should be kept with the screening questionnaire to avoid duplication. The DPIA template is a continuation of the screening questionnaire. While the screening questionnaire and the DPIA detail AI use in accordance with EU GDPR requirements, companies deploying AI systems also need to factor in their obligations under additional relevant legislation, such as the requirement to carry out a fundamental rights impact assessment (FRIA) under the EU AI Act. While outside the scope of this document, information gathered as part of the screening questionnaire / DPIA exercise will be...

Statement of investment principles (SIP) for defined benefit (DB) pension scheme

Statement of investment principles (SIP) for defined benefit (DB) pension scheme THE [insert name of pension scheme] PENSION SCHEME This statement of investment principles is effective from [insert date]. 1 Statement of investment principles 1.1 Purpose of statement This statement sets out the principles governing the decisions about the investment of the assets of the [insert name] Pension Scheme (the Scheme). This statement is issued by the Trustees of the [insert name] Pension Scheme (the Trustees) to comply with the Pensions Act 1995, s 35. 1.2 Review The statement will be reviewed annually. A special review may be undertaken at any time if the Trustees think that there has been a significant change in investment policy or any other circumstances affecting the Scheme. 1.3 Advice The Trustees have obtained and considered written advice on the content of this statement in a letter from [insert name of investment consultant or actuary]. [insert name] have confirmed to the Trustees that they are qualified by their ability in a...

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Corporate Crime weekly highlights—22 May 2025

This week's edition of Corporate Crime weekly highlights includes analysis of the cross-government review into sanctions implementation and enforcement, of a call for the crack down on big tech companies for their role in hindering financial fraud enforcement, and of the significant shift in white collar crime enforcement in the US. Also included is news of the EA’s record number criminal investigations into water companies in England as part of a crackdown on sewage dumping, of the National Food Crime Unit’s new investigative powers effective from 1 May 2025, and of a new Work-Related Deaths Protocol being announced to improve how agencies investigate work-related deaths in Scotland. All this, and more, in this week’s Corporate Crime highlights.

UK adopts WHO Pandemic Agreement at Geneva assembly

The Department of Health and Social Care, Foreign, Commonwealth & Development Office, UK Health Security Agency, the Rt Hon Baroness Chapman of Darlington and Ashley Dalton MP have announced that, on 20 May 2025, 124 Member States including the UK, adopted the Pandemic Agreement at the World Health Assembly in Geneva. The agreement aims to strengthen global co-operation in the prevention, detection and response to future pandemic threats, while maintaining national sovereignty. It establishes faster mechanisms for pathogen and pathogen data sharing, supporting the UK’s ability to accelerate the development of vaccines, treatments and diagnostic tools.

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