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PRACTICE NOTES
ARCHIVED: This Practice Note is archived and is no longer maintained. Lawyers across the world are currently grappling with many common areas of concern in connection with the coronavirus (COVID-19) pandemic. There are also a large number of areas that are of particular concern to Banking & Finance lawyers. This Practice Note considers questions that are frequently being asked in the current environment and brings together key content and resources published across Lexis®PSL. It is updated regularly with practical guidance and analysis which cover the impact of COVID-19 developments. Due diligence and preliminary analysis Question Resources which may help What is the Coronavirus Business Interruption Loan Scheme and how can borrowers access it? Q&A: What is the Coronavirus Business Interruption Loan Scheme and how can borrowers access it? Is there any specific law creating the Coronavirus Business Interruption Loan Scheme? Q&A: Is there any specific law or regulations in force that created the Coronavirus Business Interruption Loan Scheme scheme? If so, what are they? Or is the British Business
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information only. This Practice Note considers the impact of the coronavirus (COVID-19) pandemic on Court of Protection and mental capacity work, covering in particular the following areas: • Court of Protection guidance on the coronavirus pandemic • The running of the Court of Protection during the coronavirus pandemic • Office of the Public Guardian guidance on the coronavirus pandemic • Guidance on visiting care homes during the pandemic • Mental capacity, vaccination and testing for coronavirus • Department of Health and Social Care and Court of Protection guidance on deprivation of liberty during the pandemic • Frequently asked questions Court of Protection guidance on the coronavirus pandemic The Vice-President of the Court of Protection, Mr Justice Hayden, and other senior members of the judiciary have issued several pieces of guidance for judges and practitioners during the course of the coronavirus pandemic: • 13 March 2020—guidance focusing specifically on visits to protected persons by judges and practitioners • 18 March 2020—additional
PRACTICE NOTES
This archived tracker was focused on licensing and was intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19), where relevant to local government lawyers up to so called ‘freedom day ‘ on 18 July 2021. It was designed to provide an easy reference point for relevant content for licensing lawyers working in or with local authorities during the coronavirus outbreak. For a navigational list of all local government archived coronavirus trackers, see Coronavirus (COVID-19)—local government tracker up to 18 July 2021 [Archived]. For recent guidance, see Practice Note: Coronavirus (COVID-19)—local government tracker—post July 2021. Legislation—made statutory instruments Development When in force Find out more Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2021, SI 2021/Draft The day after the day on which these Regulations are made Government eases restrictions for hospitality industry These draft Regulations are laid to assist the recovery of the hospitality industry in response to the coronavirus pandemic, extend provisions in the Business and Planning Act 2020 to allow sales of alcohol
PRACTICE NOTES
This archived tracker was intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19) and public procurement up until so called ‘freedom day’ on 18 July 2021 when most legal restrictions ended. It is designed to provide an easy reference point for relevant content for lawyers working on public procurement during the coronavirus outbreak. It has been archived and is no longer maintained. For related guidance and further reading, see: Practice Note: Coronavirus (COVID-19)—local government tracker—post July 2021. Procurement policy notes Development Date Find out more Welsh Procurement Policy Note 01/21: Sourcing steel in major construction and infrastructure projects in Wales (WPPN 01/21) 8 March 2021 Welsh Procurement Policy Note sets out actions for contracting authorities sourcing steel The Welsh Government issued Welsh Procurement Policy Note 01/21: Sourcing steel in major construction and infrastructure projects in Wales (WPPN 01/21). Replacing previous guidance published in January 2018, WPPN 01/21 reminds in-scope contracting authorities how to use the procurement lifecycle to identify any opportunity
PRACTICE NOTES
This archived tracker tracked key developments, legislation, guidance and briefing notes relating to the response to coronavirus (COVID-19), focusing on updates relevant to local government governance up until 18 July 2021, when legal restrictions were finally lifted. This Practice Note is archived and is not maintained. For information contained in earlier archived trackers, see: Coronavirus (COVID-19)—governance tracker Summer 2020 [Archived] and Coronavirus (COVID-19)—governance tracker Spring 2020 [Archived]. Click on the links below to jump to the relevant section: • Primary legislation • National restrictions • Local restrictions • Travel restrictions • Local authority governance • Financial support • Government guidance • Other sources of information • News Analysis • Case Law Primary legislation Development When in force Find out more Corporate Insolvency and Governance Act 2020 Comes into force partly on 26 June 2020, and fully on such day as the Secretary of State may by regulations appoint. Act making provision for companies in financial difficulty and amends to the regulation of companies This Act makes provision about companies and other entities in financial
PRACTICE NOTES
This tracker was focused on social care and was intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to COVID-19 and social care, where relevant to local government lawyers. It is designed to provide an easy reference point for relevant content for lawyers working in or with local authorities during the COVID-19 pandemic up until the so called ‘freedom day’ 18 July which saw the end of most formal legal restrictions.. For a navigational list of all archived local government COVID-19 trackers, see: Coronavirus (COVID-19)—local government tracker up to 18 July 2021 [Archived]. For details of current COVID-19 guidance, see Practice Note: Coronavirus (COVID-19)—local government tracker—post July 2021. Primary legislation Development When in force Find out more Coronavirus Act 2020, s 15 (and Sch 12) Brought into force by provisions below Impact of the Coronavirus Act 2020 on social care provision and social care easements Siân Davies and Rosie Scott, barristers at 39 Essex Chambers, discuss the impact of the Coronavirus Act 2020 on social care
PRACTICE NOTES
This archived tracker was focused on healthcare and was intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest relating to coronavirus (COVID-19) and healthcare up to so called ‘freedom day’ 18 July 2021. It is designed to provide an easy reference point for relevant content for lawyers during the coronavirus. For a navigational list of all archived local government COVID-19 trackers, see Coronavirus (COVID-19)—local government tracker up to 18 July 2021 [Archived]. For current guidance, see Practice Note: Coronavirus (COVID-19)—local government tracker—post July 2021. Click on the links below to jump to the relevant section: • Primary legislation • Legislation—made statutory instruments • Government guidance • Other sources of information Primary legislation Legislation When in force Summary Coronavirus Act 2020 (CA 2020)• CA 2020, ss 1–14, 48–49, 58 • CA 2020, Schs 1–14 Pt 1, 18–19, 21 Pt 1–21 Pt 5, 22 Pt 1–22 Pt 5, 28 Pt 1–28 Pt 5 CA 2020 came into force on 25 March 2020. The following provisions
PRACTICE NOTES
ARCHIVED: The Coronavirus (COVID-19) pandemic was challenging for employers participating in pension schemes. This archived Practice Note covers the impact of coronavirus on employers participating in pension schemes, including on their automatic enrolment duties and the approach taken by the Pensions Regulator. This Practice Note also describes some government measures introduced to relieve some of the pensions-related pressure on them (eg through the Coronavirus Job Retention Scheme (CJRS), the Corporate Insolvency and Governance Act 2020 and the Kickstart Scheme), as well as the pensions impact of emergency volunteering leave (EVL) and employers’ responsibility to initiate claims on the death of certain keyworkers under the NHS and Social Care Coronavirus Life Assurance Scheme 2020. It is not maintained. The Pensions Regulator’s general approach The Pensions Regulator (TPR) took a proportionate and risk-based approach towards enforcement decisions, with the aim of helping employers to get back on track and supporting both employers and savers. Consistently with this, TPR decided that: • until 30 June 2020, it would not take regulatory action in respect of a defined benefit
PRECEDENTS
1 Introduction 1.1 This policy sets out an overview of the Company’s arrangements for ensuring workers stay healthy and safe while they are working in the Company’s premises during the coronavirus (or COVID-19) pandemic. The government guidance states that COVID-19 is expected to be a feature of our lives for the foreseeable future, so we need to learn to live with it and manage the risk to ourselves and others. It supplements, but does not replace, the Company’s health and safety policy. 1.2 This policy does not form part of any contract of employment and the Company may amend it at any time. 1.3 This policy applies to all employees, workers and contractors. 1.4 The main way of spreading coronavirus is through droplets and aerosols that come into contact with the eyes, nose or mouth, or can be breathed in by another person, or passed on via surfaces or touch. In general the risk of catching or passing on COVID-19 is highest when you are physically close to the other person. Current government guidance recommends: 1.4.1 getting vaccinated; 1.4.2 meeting outdoors where possible, and letting fresh air into enclosed spaces;
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note provides an overview of the ongoing impact in Scotland of the Coronavirus (COVID–19) pandemic on the following practice areas: • Corporate Crime • Dispute Resolution • Private client • Property • Restructuring & Insolvency Key legislation applicable in Scotland The Coronavirus (Scotland) Act 2020 and the Coronavirus (Scotland) (No 2) Act 2020 (the Scottish Coronavirus Acts) introduced certain temporary provisions to help manage the coronavirus pandemic. The Coronavirus (Extension and Expiry) (Scotland) Act 2021 expired certain provisions in the Scottish Coronavirus Acts that were no longer required and extended other provisions that were still required until the end of March 2022. The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2022, SSI 2022/113 subsequently amended the Scottish Coronavirus Acts so that Part 1 of each Act expired at the end of 30 September 2022. In addition to the Scottish Coronavirus Acts, certain temporary measures were introduced by the Coronavirus Act 2020—see section 100 for the provisions that applied to Scotland. The relevant
PRACTICE NOTES
This Practice Note considers the Coronavirus Statutory Sick Pay Rebate Scheme (CSSPRS), temporarily reintroduced under the Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) Regulations 2022 (SSP Funding Regs 2022), SI 2022/5, in force 14 January 2022. The reintroduced CSSPRS covered coronavirus-related sickness absence for the period 21 December 2021–17 March 2022. The online service through which employers could reclaim coronavirus-related SSP was available until 24 March 2022, and is now closed. For further information, see: LNB News 25/02/2022 13. Key points to note The government’s initiative to refund coronavirus-related statutory sick pay (SSP) was first announced in the Spring Budget 2020 (see News: Special temporary measures for Statutory Sick Pay (SSP) refunds announced in Budget). The Coronavirus Act 2020, s 39(1) inserted a new provision for the funding of employers’ SSP liabilities in relation to coronavirus into the Social Security Contributions and Benefits Act 1992 (SSCBA 1992). SSCBA 1992, s 159B(1), enables regulations to make provision ‘for the payment by employers of statutory sick pay in respect of incapacity for work related
PRACTICE NOTES
ARCHIVED: This tracker has been archived and is not maintained. This tracker contains an archive of news stories and developments on coronavirus (COVID-19) that relate to pensions. Date News story Brief description 22 July 2021 TPO publishes annual report and accounts for 2020–21 The Pensions Ombudsman (TPO) has published its annual report and accounts for 2020–21 which sets out a number of TPO’s key achievements over the last year, including the introduction of a new Casework Reorganisation Programme that introduced a single application process for all pension complaints with a focus on resolving complaints as early as possible.According to the report, the demand for the TPO’s services remained largely the same for the 2020–21 year. The service closed a total of 4,853 pension complaints from 5,567 received, an increase of 6% compared to the last year.The report also notes that there was a fall in new pensions complaints during the early stages of the coronavirus (COVID-19) pandemic, but demand started to increase again towards the end of the year in line with its long-term