The relevant provisions in the old Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE 1981), SI 1981/1794 read: • reg 2(2): ‘References in these Regulations to the transfer of part of an undertaking are references to a transfer of a part which is being transferred as a business and, accordingly, do not include references to a transfer of a ship without more.’ • reg 3(5): ‘Where, in consequence (whether directly or indirectly) of the transfer of an undertaking or part of one which was situated immediately before the transfer in the United Kingdom, a ship within the meaning of the Merchant Shipping Act 1894 registered in the United Kingdom ceases to be so registered, these Regulations shall not affect the right conferred by section 5 of the Merchant Shipping Act 1970 (right of seamen to be discharged when ship ceases to be registered in the UK) on a seaman employed in the ship.’ • reg

The Administration (Restrictions on Disposal etc to Connected Persons) Regulations 2021, SI 2021/427 apply where an administration commences on or after 30 April 2021 and require the administrator to comply with the requirements set out therein. Where there is a proposed sale to a ‘connected person’ SI 2021/427 requires a qualifying report to be obtained by the connected purchaser prior to the disposal by the administrator. ‘Connected persons’ is defined as: • a company connected with the company • a director/officer or shadow director of the company • a non-employee associate of director/shadow director or the company (defined in as a person who is an

We refer you to the following Practice Notes below which you may find helpful including: • Local government outsourcing—the pension issues • TUPE—an overview for pensions lawyers The Best Value Direction In particular, the first Practice Note confirms that the Best Value Authorities Staff Transfers (Pensions) Direction 2007 (Best Value Direction), which is made under section 101 of the Local Government Act 2003, has statutory force and must be complied with, although it does not automatically override the terms of an outsourcing contract. However, a key feature of the Best Value Direction is that it must be incorporated in outsourcing contracts so that it is also enforceable by the affected transferring

In answering this Q&A, research has been limited to cover the Capacity Market Rules 2014 (CM Rules) (including amendments effective as at today’s date) and the provisions of the electricity and any relevant provisions of the Electricity Capacity Regulations 2014 (as amended) (CM Regulations). See here for the CM Rules: Capacity Market Rules and here for the CM Regulations: Electricity Capacity Regulations 2014, SI 2014/2043. We have also reviewed the National Grid (NG) Capacity Market Auction User Guides, Auction Guidelines, and Capacity Auction Bidding Company and Authorised Individual Management Guidelines (all available through the NG EMR Delivery Body webpage), in respect of recent auctions, along with current and historic Capacity Market ‘FAQ’ documents issued by government (August/December 2014 and November 2016). The CM Rules and CM Regulations do not appear to allow for a CMU change

General application Regulation 2 of the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053 state: ‘(1) In these Regulations— “commercial agent” means a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person (the “principal”), or to negotiate and conclude the sale or purchase of goods on behalf of and in the name of that principal; but shall be understood as not including in particular: (i) a person who, in his capacity as an officer of a company or association, is empowered to enter into commitments binding on that company or association; (ii) a partner who is lawfully authorised to enter into commitments binding on his partners; (iii) a person who acts as an insolvency practitioner (as that expression is defined in section 388 of the Insolvency Act 1986) or the equivalent in any other jurisdiction;’ [our emphasis] The common law on agency continues to apply where not inconsistent with the Commercial

The Commercial Agents Regulations (Commercial Agents (Council Directive)) Regulations 1993, SI 1993/3053 apply only to the relationship between the principal and the commercial agent. They do not apply to the agent's external authority or to relationships with third parties under transactions the agent negotiates or concludes. It is therefore necessary to establish whether a party is in fact a commercial agent. In this regard, see Practice Note: Commercial agency, specifically the section entitled Commercial agency—Definition of commercial agent. A commercial agent is a self-employed intermediary who has continuing authority to: • negotiate the sale or purchase of goods on behalf of

Under regulation 2(1) of the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053, a ‘commercial agent’ is defined as: 'a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person (the “principal”), or to negotiate and conclude the sale or purchase of goods

The Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053, reg 2(1) defines a commercial agent as: ‘...a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person (the “principal”), or to negotiate and conclude the sale or purchase of goods on behalf of and in the name of that principal.’ This definition comprises the following required elements: • the need to be self-employed • the need to have continuing authority to negotiate • the authority to negotiate must be in relation to the sale or purchase of goods • the

The Companies (Miscellaneous Reporting) Regulations 2018, SI 2018/860 (2018 Regulations) introduced new reporting requirements for certain categories of company. The government has published a list of frequently asked questions, which

The Concession Contracts Regulations 2016, SI 2016/273 (CCR 2016), were laid in Parliament in March 2016 and came into force on 18 April 2016, implementing Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (the Concessions Directive). Directive 2014/23/EU is one of three EU procurement Directives implemented by EU Member States. The Utilities Contracts Regulations 2016, SI 2016/274, also entered force on the same date as the CCR 2016, implementing Directive (2014/25/EU) of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors. The Public Contracts Regulations 2015, SI 2015/102 (PCR 2015), came into force in February 2015, implementing Directive (2014/24/EU) of the European Parliament and of the Council of 26 February 2014 on public procurement. The EU Procurement Directives provide that they shall apply

As explained in the government’s original Handbook on the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273, the CCR 2016 regime differs to the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 regime in a number of areas. In particular, unlike public contracts awarded under PCR 2015, concession contracts are not awarded using the most economically advantageous tender (MEAT) criteria: ‘award stage—the award of contract must be based on objective criteria that identify an overall economic advantage for the contracting authority or utility. This can include social, environmental and innovative requirements provided they relate to the subject matter of the contract’. Key

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 apply to contracts between a trader and a consumer for the sale of goods, services and/or digital content, unless one of the exemptions applies. Exemptions from CCR 2013, SI 2013/3134 are set out in CCR 2013, SI 2013/3134, reg 6. For example, CCR 2013, SI 2013/3134 does not apply at all to a contract to the extent that it is: • for rental