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GLOSSARY
Constitutional clauses are specific provisions within a written or unwritten constitution, or constitution‑like instruments, that allocate and limit powers of state institutions and protect fundamental rights. In UK and Irish legal practice, the term is descriptive rather than a defined statutory concept, and is used by judges, academics and practitioners when analysing constitutional texts and principles.In Ireland, “constitutional clauses” commonly refers to particular Articles of Bunreacht na hÉireann (for example, provisions on separation of powers, fundamental rights, or amendment procedures), frequently cited in constitutional litigation, judicial review and public law advisory work.In the UK (England & Wales, Scotland and Northern Ireland), the expression is used more flexibly. It may refer to: clauses in statutes with constitutional character (such as the Scotland Act 1998 or Human Rights Act 1998); entrenched or quasi‑entrenched provisions; or sections reflecting constitutional principles developed through case law, including those discussed in leading public law decisions.Across all four jurisdictions, constitutional clauses are central to questions of legislative competence, judicial review, devolution, human rights protection and the relationship between domestic law and international or EU‑derived obligations.
NEWS
The Lords Select Committee on the Constitution has published its fifth report of session 2024–2025 on the (Hereditary Peers) Bill. The report covers an introduction to the Bill, Clause 1 of the Bill which repeals section 2 of the House of Lords Act 1999, as well as an appendix with a list of members and declaration of interest.
NEWS
The Lords Select Committee on the Constitution has published its sixth report of session 2024–25 on the Executive oversight and responsibility for the UK constitution. The report covers the introduction which highlights the constitution and its guardians and safeguarding the constitution: stewardship and policy; the centre for government; the role of the ministers; the decision-making around the constitution; and the council of the nations and the regions.
GLOSSARY
This is a term defined under the HGCRA 1996. If a contract constitutes a 'construction contract', then it must include specific provisions relating to payment and adjudication.
GLOSSARY
Constructing Excellence is an organisation formed by the amalgamation of a number of construction industry bodies which had been formed in the light of the Egan Report to champion its principles and drive change in order to improve performance in the industry.
PRACTICE NOTES
The Construction (Design and Management) Regulations 2015 (the Regulations) came into force on 6 April 2015. Their purpose is to make health and safety a fundamental and routine consideration in the planning and management of construction projects and ensure that the duties of the various parties are clear. The policy objectives of the Regulations are to maintain or improve worker protection, simplify regulatory practice, discourage bureaucracy and meet better regulatory principles (they implemented the EU Temporary or Mobile Construction Sites Directive (the 'TMCS')). The Regulations should be read alongside comprehensive guidance from the Health and Safety Executive (HSE Guidance on the Construction (Design and Management) Regulations 2015). The guidance, which is not legally binding, serves to put some flesh onto the bones of the Regulations. The Regulations apply to all 'construction work' (as defined in regulation 2). In order to comply with the TMCS, which imposed duties on domestic clients; 'client' is defined as 'any person for whom a project is carried out'. The definition is broad enough to cover both domestic and commercial
GLOSSARY
Construction Act' is the name commonly given to the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) which (in Part II) requires construction contracts to include specific provisions relating to payment and adjudication.
NEWS
The Construction Arbitration Centre Asia Pacific (CACAP) has been established as a specialist, not-for-profit centre for the resolution of construction and infrastructure disputes in the Asia-Pacific region. Established by practitioners across construction, law and arbitration, CACAP will maintain five accredited panels, covering technical, commercial and legal expertise. CACAP will provide a range of dispute resolution services, including arbitration, mediation, expert determination, expert witness appointments and dispute boards. It will also maintain procedural protocols, practice notes and guidance documents tailored to construction and infrastructure disputes. In addition, CACAP will offer professional accreditation across five disciplines, with accredited practitioners eligible for inclusion on panels of qualified neutrals.
GLOSSARY
The construction contractor appointed by Project Co to design and build the facilities.
GLOSSARY
The contractor'>construction contractor appointed by Project Co to design and build the facilities.
PRACTICE NOTES
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z ABI Model Form of Guarantee Bond Form of performance guarantee bond produced by the Association of British Insurers (ABI) and commonly used in relation to construction projects, although it is often amended. See Practice Note: Amendments to ABI Model Form of Guarantee Bond. Acceleration Acceleration in construction law is generally understood to mean taking measures to speed up the works in order to complete them earlier than would otherwise be the case. See Practice Note: Acceleration of construction works, Precedent: Acceleration Agreement and Clause: Acceleration clause. ACE See Association for Consultancy and Engineering (ACE) below. Activity schedule List of activities the contractor expects to carry out in completing the works. Adjudication A statutory or contractual procedure by which a party to a construction contract has
PRACTICE NOTES
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Back end Contentious/disputes-focussed legal work, for example acting for a party in litigation proceedings. Benchmarking Procedure of testing whether the standard and price of services is consistent with the market standard (if any) without any formal competitive tendering. Benchmarking can also be used to measure improvements or assess performance. Best value Best value refers to the duty of every local authority to 'make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness' (Local Government Act 1999, s 3). This improvement involves consideration of costs, making the most of money spent, and making sure that services meet the needs of communities and authorities' priorities. See Practice Note: Best value in public procurement. Bid bond Also known as a tender bond (or guarantee). These are used as part of the tender process to guarantee performance by tendering