This Practice Note examines the right not to be excluded or expelled from a trade union, the circumstances where the right may cease to apply under statute and common law and enforcement of the right. An individual has a statutory right not to be excluded or expelled from a trade union except in certain specified circumstances. There is also a more limited common law right relating to exclusion or expulsion. For information: • on the statutory right of a trade union member not to be unjustifiably disciplined by their union, see Practice Note: Discipline by trade unions • on the rights that arise in specified circumstances relating to the activities of a trade union, see Practice Note: Rights relating to activities involving unions Common law right An individual who has applied to become a member of a trade union may have the right not to have their application rejected arbitrarily or capriciously. However, in light of the statutory right considered below, this limited common law right is unlikely to be of any practical use. A

The series of tests within Part IIA of the EPA 1990 which can be applied by the enforcing authority to determine that one or more persons may be excluded from a liability group and therefore not be an appropriate person for the purposes of contaminated land remediation.

The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 lists statutory exclusions which are provisions which, if complied with, turn regulated activities into unregulated activities.

This Practice Note provides an introduction to the exemptions and exclusions that apply in relation to the general prohibition contained in section 19 of the Financial Services and Markets Act 2000 (FSMA 2000, s19). These exemptions and exclusions are set out in: • FSMA 2000 itself • the Financial Services and Markets Act 2000 (Exemption) Order 2001, SI 2001/1201 (Exemption Order), and • the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO) FSMA 2000, the Exemption Order and the RAO have been subject to a number of amendments since their implementation. This Practice Note concerns that latest iterations of these pieces of legislation. In this Practice Note, references to exemptions relate to persons who are exempt from the need to apply for authorisation from the Prudential Regulation Authority (PRA) or Financial Conduct Authority (FCA) to carry out regulated activities. Exempt persons may therefore carry out regulated activities without falling foul of breaching the general prohibition. References to exclusions relate to activities which, if applicable, would mean that the person

Background to exclusions which apply to several kinds of activity Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), a person cannot carry out regulated activities in the UK unless that person is authorised or exempt. This is known as the general prohibition. For more information about the general prohibition and its territorial scope, see Practice Notes: The general prohibition and implications of its breach and Territorial scope of the general prohibition. 'Regulated activities' are defined as including specified activities carried on by way of business that relate to ‘specified investments’ or property of any kind to which the specified activity relates. ‘Specified’ for these purposes means specified by HM Treasury. The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO) sets out a number of activities and investments which are so specified. For further information on what constitutes regulated activities, see Practice Note: What are regulated activities? For more information about what 'by way of business' means in relation to insurance, see Practice Note:

The general prohibition Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), a person cannot carry out regulated activities in the UK unless that person is authorised or exempt. This is known as the general prohibition. For information about the territorial scope of the general prohibition, see Practice Note: Territorial scope of the prohibition. According to FSMA 2000, s 31, an authorised person is a person who: • has been given permission by the Financial Conduct Authority (FCA) or the Prudential Regulation Authority (PRA) under FSMA 2000, Pt 4A to carry on certain regulated activities • is a Gibraltar-based person who has a Schedule 2A permission to carry on one or more regulated activities. Please note that this provision, inserted by section 22(1), (2) of Financial Services Act 2021 is not yet in force. However, Schedule 2A (Gibraltar-Based Persons Carrying on Activities in the UK) came into force for certain purposes on 1 September 2023 (see the  Financial Services Act 2021 (Commencement No 5) Regulations 2023, SI 2023/934, reg 2(a),

This Practice Note sets out a number of exclusions which can apply in relation to specific regulated activities that relate to investments. It briefly explains the fundamental concepts relating to financial services regulation. In particular, it sets out the concept of the 'general prohibition' under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000) (which provides that a person cannot carry out regulated activities in the UK unless that person is authorised or exempt). The general prohibition Under FSMA 2000, s 19, a person cannot carry out regulated activities in the UK unless that person is authorised or exempt. This is known as the general prohibition. For information about the territorial scope of the general prohibition, see Practice Note: Territorial scope of the prohibition. According to FSMA 2000, s 31, an authorised person is a person who: • has been given permission by the Financial Conduct Authority (FCA) or the Prudential Regulation Authority (PRA) under FSMA 2000, Pt 4A to carry on certain regulated activities • is a Gibraltar-based

STOP PRESS: Abolition of non-dom regime and remittance basis of taxation from 2025–26: Finance Act 2025 abolished the remittance basis of taxation and replaced it with a residence-based regime from 6 April 2025. The changes include the introduction of a new Foreign Income and Gains (FIG) regime, and amendments to overseas workday relief. For information on these changes, see Practice Note: The abolition of the remittance basis of taxation from 2025–26. FORTHCOMING CHANGE: As announced at Autumn Budget 2024, the government commissioned an independent review of the loan charge. The review, announced on 23 January 2025, was to ‘examine the barriers preventing those who are subject to the loan charge but have not already settled and paid their tax liabilities in full from reaching resolution with HMRC’ and was tasked to ‘recommend ways in which they can be encouraged to settle with HMRC’ (see News Analysis: Autumn Budget 2024—Independent review of the loan charge). To assist with the review, a call for evidence, aimed at those who remain

This Practice Note is about the exclusions from the VAT exemption for property transactions, and other provisions that interact with them. The exclusions for parking and storage facilities are fully covered in Practice Notes: VAT treatment of parking facilities and VAT treatment of storage facilities. This Practice Note contains references to EU legislation and case law. For information on the ongoing significance of EU law in the UK following the end of the Brexit implementation period on 31 December 2020, see Practice Note: Retained EU law and tax. Unless otherwise stated, all judgments of the EU Court of Justice referred to in this Practice Note were decided before the end of the Brexit implementation period. Why does this matter? Most property transactions are only subject to VAT if the seller or landlord has opted to tax (see Practice Note: The option to tax land and buildings). In some cases, however, VAT may be due automatically, whether or not the option has been exercised. It is important to identify these so that

Commercial analysis: The Court of Appeal has delivered its verdict on the effect of a clause excluding liability for loss of ‘anticipated profits’ in a contract between the telecoms giants EE and Virgin Mobile. The court was not convinced by EE’s arguments that its loss of revenue resulting from Virgin Mobile’s alleged breach fell outside of the scope of the exclusion and rejected EE’s appeal albeit by a majority decision. The judgment provides a degree of comfort to drafters of exclusion clauses, given the expression ‘anticipated profits’ is widely used, and confirmatory guidance on the way the courts should approach these sorts of clauses in sophisticated business contracts. Written by Beverley Whittaker, consultant at Stevens & Bolton LLP.

Local Government analysis: This case challenged a Governing body's Disciplinary Panel’s (GDP) reconsideration decision not to reinstate an excluded pupil. This followed an Independent Review Panel’s (IRP) decision to quash the GDP’s initial non-reinstatement decision and direct a reconsideration. Judge Fordham dismissed all four grounds of the claimant’s application for judicial review and set out some useful findings on how the courts will approach criticisms of a school’s exclusions process. Central to the dispute were issues around Child Criminal Exploitation (CCE), the adequacy and timing of support interventions, and the legal standards for reconsideration of exclusion decisions. Schools should take comfort that the case confirms courts remain concerned with substance over form and that minor procedural and administrative errors will not lead to a GDP’s decision being quashed by the High Court. Written by Hayley O’Sullivan, senior associate at Browne Jacobson LLP.

Scope of this Practice Note This Practice Note explains the specific exclusions which can apply in relation to the regulated activities of accepting deposits and those relating to home finance transactions. These exclusions are set out in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO) after the description of each specified activity to which the exclusion relates. Where the exclusions apply, people who would otherwise be carrying out regulated activities will not be doing so. The general prohibition Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), a person cannot carry out regulated activities in the UK unless that person is authorised or exempt. This is known as the general prohibition. For information about the territorial scope of the general prohibition, see Practice Note: Territorial scope of the prohibition. An authorised person is a person who: • has been given permission by the Financial Conduct Authority (FCA) or the Prudential Regulation Authority (PRA) under FSMA 2000, Pt 4A to carry on certain