The following Public Law practice note provides comprehensive and up to date legal information covering:
This Practice Note explores the various levels of security clearance required for government staff and personnel with access to government assets including civil servants, armed forces and government contractors. The levels considered include the government baseline personnel security standard, counter terrorist check, security check and developed vetting. It considers when the various levels of check are required, who can carry out the checks and the appeals process.
Personnel security controls help to prevent and counter threats to national security. All individuals with access to government assets, including civil servants, members of the armed forces, and private sector employees working on government contracts are required to be subject to pre-employment personnel checks. There are a number of levels of personnel security checks:
Government Baseline Personnel Security Standard
The BPSS comprises a series of pre-employment controls, whereas the other checks listed above are forms of security clearance obtained through the National Security Vetting (NSV) process. All applicants must undergo the BPSS checks as a minimum, even if they wish to apply for a higher level security check. To minimise risk, the BPSS checks should be completed before the NSV process starts (if applicable) and before the candidate starts their role, unless there are exceptional circumstances. In any case, the BPSS checks must be completed as soon as possible and
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The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
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