GLOSSARY

Reserved matters definition

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What does Reserved matters mean?

A list of veto rights negotiated between the joint venture parties and included in the joint venture agreement which require the consent of a simple majority, a special majority, a super majority or unanimous consent of the joint venture parties before any action can be taken.

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Corporate governance—Malta—Q&A guide

Corporate governance—Malta—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to corporate governance in Malta published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2022). Authors: GVZH Advocates—Luca Vella; Catherine Janula; Nico Fauser 1. What are the primary sources of law, regulation and practice relating to corporate governance? Is it mandatory for listed companies to comply with listing rules or do they apply on a ‘comply or explain’ basis? Good corporate governance practices apply to all entities, with the main source of corporate governance being the Companies Act (Chapter 386 of the Laws of Malta), which regulates the division of authority between the board of directors and general meetings of shareholders. The memorandum and articles of association also act as an important source of corporate governance practices, since this document regulates the internal management and administration practices of companies. Public listed entities are subject to the Code of Principles of Good Corporate Governance set out in the Capital Market Rules issued by the Malta Financial Services Authority (the Code). The Capital Market Rules list 12 principles of good corporate governance that public listed companies should endeavour to adopt. If a company chooses not to comply with one or more of the provisions of the Code, it must give a careful and clear explanation with respect to the reason for

The public sector equality duty in planning and compulsory purchase decisions

The public sector equality duty in planning and compulsory purchase decisions Scope of the public sector equality duty (PSED) Aim of the PSED The PSED imposed by section 149 of the Equality Act 2010 (EqA 2010) seeks to tackle systemic discrimination and disadvantage affecting people with particular protected characteristics by integrating considerations of advancement of equality and good relations into the day-to-day business functions of public authorities and bodies subject to the duty. Scope of the PSED The PSED requires public authorities to ‘have due regard’ in the exercise of their functions to the need to: • eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under EqA 2010 • advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it, and • foster good relations between persons who share a relevant protected characteristic and persons who do not share it The relevant protected characteristics are: • age • disability • gender reassignment • pregnancy and maternity • race • religion or belief • sex, and • sexual orientation Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it is stated as involving having due regard, in particular, to the need to: • remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic • take steps to meet

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Planning and development overage—permission for additional units obtained or implemented

The ScheduleOverage–ascertainment and payment 1 Definitions In this Schedule the following definitions apply: Additional Residential Unit any Residential Unit on the Property in excess of [insert threshold number of units] and Additional Residential Units shall have a corresponding meaning; Index HM Land Registry’s House Price Index under the ‘[House price index OR Average price OR Property type]’ report type for [insert location specifying region, county and borough as required]; Overage a sum in respect

Joint venture shareholders’ agreement—deadlock (50:50)

Joint venture shareholders’ agreement—deadlock (50:50) This Agreement is made on [insert date] 20[insert year] Parties 1 [Insert name of first shareholder] incorporated in England and Wales under number [insert company number] whose registered office is at [insert address] ([A]), 2 [Insert name of second shareholder] incorporated in England and Wales under number [insert company number] whose registered office is at [insert address] ([B]), and 3 [Insert name of the company in which the shares are held] incorporated in England and Wales under number [insert company number] whose registered office is at [insert address] (the Company). BACKGROUND (A) The Company, at the date of this Agreement, has in issue ordinary shares of £[insert nominal value] each, of which one ordinary share has been issued fully paid and is registered in the name of [A] and one ordinary share has been issued fully paid and is registered in the name of [B]. (B) The Company shall carry on business in accordance with the terms and conditions of this Agreement. (C) [A] and [B] shall exercise their rights in relation to the Company in accordance with the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement, unless the context otherwise requires the following expressions shall have the following meanings: [A Business • means the business to be transferred to the Company by [A] at or before Completion on the

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Can a developer make an application for a minor amendment under section 96A of the Town and Country Planning Act 1990 to amend a prior approval of permitted development?

Can a developer make an application for a minor amendment under section 96A of the Town and Country Planning Act 1990 to amend a prior approval of permitted development? Permitted development rights and prior approval The Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO), SI 2015/596 (as amended) provides that certain classes of development are ‘permitted development’ meaning that no express planning permission is required, instead permission is granted by the GPDO, SI 2015/596 and section 59 of the Town and Country Planning Act 1990 (TCPA 1990). A number of classes of permitted development require an application to be made to the local planning authority (LPA) for ‘prior approval’. Prior approval means that a developer has to seek approval from the LPA that specified elements of the development are acceptable before work can proceed. The matters for prior approval vary depending on the type of development and these are set out in the GPDO, SI 2015/596. An LPA cannot consider any other matters when determining a prior approval application. (See Paragraph: 026 Reference ID: 13-026-20140306 of the Planning Practice Guidance (PPG), ‘When is permission required?’). Permitted development rights are subject to the conditions and limitations specified in GPDO, SI 2015/596. An LPA can also impose additional conditions when granting prior approval, as the PPG makes clear, see for example: ‘When considering applications for a permitted development prior

Can an application under section 73 of the Town and Country Planning Act 1990 be made to amend reserved matters conditions, such as a condition on a reserved matters approval to adhere to certain plans?

Can an application under section 73 of the Town and Country Planning Act 1990 be made to amend reserved matters conditions, such as a condition on a reserved matters approval to adhere to certain plans? Section 73 of the Town and Country Planning Act 1990 (TCPA 1990) enables an applicant to apply to develop land without compliance with conditions attached to an extant previous planning permission. Under TCPA 1990, s 73 a local planning authority (LPA) may amend or remove conditions but may not amend any other part of the permission. TCPA 1990, s 73 cannot be used if it would change the description of the development, as set out in the planning permission itself (see Finney v Welsh Ministers ). The courts have confirmed that applications under TCPA 1990, s 73 can be made in

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Energy weekly highlights—28 July 2022

This week's edition of Energy weekly highlights includes the BEIS Committee’s report on energy pricing and the future of the energy market, BEIS’ consultation response on removing CfD and FiT cost exemptions, its call for views on supporting future power deployment with CCUS projects, and the Council of the EU’s announcement of Member States reaching a political agreement to voluntarily reduce natural gas demand.

Environment weekly highlights—28 July 2022

This week's edition of Environment weekly highlights includes analysis on the decision in Friends of the Earth Ltd v Secretary of State for Business, Energy and Industrial Strategy, which held that the Net Zero Strategy is unlawful, amendment of the Civil Procedure Rules to reflect the introduction of environmental review proceedings and the XPS Pensions Group’s study on the approach of fiduciary managers of pension schemes to climate change. In addition, this week the Department for Environment, Food & Rural Affairs opened a consultation on the draft National Air Pollution Control Programme and has confirmed that legislation has been introduced which strictly manages, controls and protects Eurasian beavers in England, the Environmental Audit Committee announced that it will investigate how best to scale up a sustainable and resilient domestic timber sector, Natural England published its 2022–23 action plan, and the Environment Agency has convened the National Drought Group.

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