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PRACTICE NOTES
The extent of the restrictions imposed by regulators or government will largely dictate the nature of the risks that you need to manage for your organisation during any pandemic. Such restrictions could be ‘light touch’ or, as with COVID-19, a strict approach involving the forced closure of many businesses, restrictions on travel and extreme social distancing measures. This risk management guide anticipates a strict approach is taken. Therefore, you may need to adapt the measures suggested according to the circumstances in which your organisation finds itself. Additionally, this risk management guide does not cover the exacting requirements that may be imposed by regulators in respect of PLCs, financial organisations, competition law, advertising, consumer credit etc, or by specialist areas of legislation such as employment, taxation, insolvency or corporate law. Regulation concerning the public sector together with corporate accounting and finance also fall outside the scope of this risk management guide. Why you need to manage this risk The biggest issue for all businesses when faced with the risk of a pandemic must be how to avoid going
PRECEDENTS
Definitions (General) Competent Authority • any authority having jurisdiction in relation to the Property, its occupation or use; Restricted Period • any period [exceeding [number] [continuous] weeks] during the Term in which a Pandemic Restriction applies; Pandemic Restriction • any Legislation, or any requirement
NEWS
Banking & Finance analysis: Fraud, money laundering, hacking, cyber attacks and bribery are key parts of the modern tool kit for financial criminals. The volatility and uncertainty characteristic of economic crises, such as the current coronavirus (COVID-19) crisis, provide fertile ground for these crimes. On a recent PRIMEtime Virtual Event, Gay Huey Evans OBE, P.R.I.M.E. Finance expert, chair of the London Metal Exchange in December 2019 and an independent non-executive director of Standard Chartered plc (where she is chair of the Board Committee on Financial Crime and serves as a member of the Board Risk Committee), identified financial crime as a significant risk which is heightened by the current crisis.
PRECEDENTS
Definitions (General) Competent Authority • any authority having jurisdiction in relation to the Property, its occupation or use; Restricted Period • any period [exceeding [number] [continuous] weeks] during the Term in which a Pandemic Restriction applies; Pandemic Restriction • any
Q&As
This Q&A is limited to the law in England. Section 94 of the School Standards and Framework Act 1998 (SSFA 1998) confers a right of appeal against school admission decisions: a ‘local authority shall make arrangements for enabling [appeals] against…any decision made by or on behalf of the authority refusing a child admission to a school’. Further provision for appeals is made in the School Admissions (Appeal Arrangements) (England) Regulations 2012, SI 2012/9, but the substantial details governing the conduct of appeals are contained in the School Admissions Appeals Code 2012. This is mandatory statutory guidance which all appeal panels must follow. Parents who exercise
PRACTICE NOTES
This Archived Practice Note considers the impact of the provisions of section 78 of Coronavirus Act 2020 (CA 2020) which came into force on 25 March 2020 and expired on 7 May 2021. These temporary provisions were designed to facilitate effective and efficient local authority meetings during the coronavirus pandemic and were generally considered to be an effective method of ensuring that local authorities could continue to have formal council and committee meetings, facilitating remote access to members of the public when appropriate. This Practice Note is for information only and is not maintained. As part of the national response to the coronavirus (COVID-19) pandemic, local authorities undertook a wide range of essential and additional functions, while also contributing to local resilience planning and continued delivery of local services. Along with provisions introduced to allow the postponement of elections and by-elections, CA 2020, s 78 created powers to relax certain requirements in relation to local authority meetings for a limited period. An attempt was made to argue in the case of Hertfordshire
PRECEDENTS
Definitions (General) Competent Authority • any authority having jurisdiction in relation to the Property, its occupation or use; Restricted Period • any period [exceeding [number] [continuous] weeks] during the Term in which a Pandemic Restriction applies; Pandemic Restriction • any Legislation, or any requirement of, or guidance published by, a Competent Authority which: (a) arises
PRECEDENTS
ARCHIVED: This precedent has been archived and is not maintained. [ Definitions (General) Competent Authority • any authority having jurisdiction in relation to the Property, its occupation or use; Restricted Period • any period [exceeding [number] [continuous] weeks] during the Term in which a Pandemic Restriction applies; Pandemic Restriction • any Legislation, or any requirement of, or
NEWS
MLex: The UK’s Serious Fraud Office (SFO) will be expected to play a part in recouping billions of pounds’ worth of suspected fraud linked to the pandemic, as the new government set out plans for a new Covid Corruption Commissioner.
Q&As
By section 35 of the Landlord and Tenant Act 1954, in the absence of agreement between the parties, the court determines any other terms, having regard to the terms of the current tenancy, and all the relevant circumstances. Hence, if there is evidence in the market that landlords and tenants are agreeing pandemic clauses, then a court may determine that such a clause should be included in the circumstances of the case because this reflects the terms being agreed
PRACTICE NOTES
ARCHIVED: This archived Practice Note considers the Acas guidance on how to deal with disciplinary and grievance procedures during the coronavirus (COVID-19) pandemic, and the adjustments it suggests that employers may need to make to implement the Acas Code of Practice on Disciplinary and Grievance Procedures (Acas Code) to ensure that any procedure is safe, fair and reasonable. It is not maintained and is for background information only. The existing Information Commissioner’s Office (ICO) Employment Practices Code and supplementary guidance have not been updated to reflect Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) or the Data Protection Act 2018. For information on the ICO’s plans for an Employment Practices Hub, and consultations launched to date in respect of draft guidance, see Practice Note: The UK GDPR and DPA 2018: key data protection issues for employment lawyers—Information Commissioner's Office (ICO) guidance. This Practice Note is based on the information and guidance that has been made available to date, and will be updated to reflect the new ICO guidance
Q&As
Due to the impact of the coronavirus (COVID-19), legislation has been adopted to temporarily extend the filing deadlines in respect of a number of different entities. The Companies etc (Filing Requirements) (Temporary Modifications) Regulations 2020, SI 2020/645 (the Regulations), which came into force on 27 June 2020 and which were introduced in response to the COVID-19 pandemic, have among other matters temporarily extended the deadline for notifying changes in a limited partnership (LP) from seven to 42 days. The Regulations were issued pursuant to the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which came into force on 26 June 2020. As noted above, the modifications introduced by the Regulations are temporary