This week's edition of Local Government weekly highlights includes the latest public procurement developments, including updated Procurement Oversight Guidance reflecting the role of the Procurement Compliance Service and Procurement Compliance and Oversight, and the decision in Ecolog International v Defence Secretary, on the limited scope of implied tender contract obligations. Case analysis includes Manaquel v Lambeth LBC, confirming that appeals against improvement notices are judged by reference to the date of service, not the hearing date. It also includes key developments in social housing and children’s social care, including the £442 million package to tackle rough sleeping by Christmas 2026, Home Office NRPF guidance for local authorities, and updated local offer guidance for care leavers. Further updates include Planning, Children’s social care, Education and Adult social care.

This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) found that parties had concluded a construction contract through WhatsApp messages (Jaevee v Fincham), a case in which the Court of Session considered competing interpretations of a settlement agreement arising from a construction dispute (Dragados v Port of Aberdeen), a case in which the TCC rejected jurisdictional and natural justice challenges to an adjudicator’s decision (LAPP Industries v 1st Formations), Homes England’s updated Cladding Safety Scheme (CSS) guidance on pre-tender support, the Public Procurement (Revocation) Regulations 2025 coming into force, the Department for Energy Security and Net Zero (DESNZ)’s consultation on the revised National Policy Statements, and a statement from the Construction Leadership Council (CLC) highlighting the impact of US tariffs on the UK construction sector.

This week's edition of Energy weekly highlights includes: Ofgem consulting on its draft supplemental guidance on determinations, in relation to its role in arbitrating potential disputes arising out of the ‘Gate 2 to Whole Queue’ (G2WQ) process in connection with the TMO4+ grid connection reforms. Also this week, the Low Carbon Contracts Company (LCCC) has signed a Revenue Collection Contract for Sizewell C, marking Great Britain’s first nuclear project to be supported under the new nuclear Regulated Asset Base (RAB) model. Meanwhile, the Department for Energy Security and Net Zero (DESNZ) has published its Carbon Budget and Growth Delivery Plan, fulfilling statutory obligations under the Climate Change Act 2008, and Ofgem has launched a consultation on the consolidated set of heat network general authorisation conditions, which will establish regulatory obligations for authorised persons carrying out regulated heat network activities.

Most leases require landlord's consent to assignment. This Practice Note sets out what happens when the seller fails to obtain landlord's consent in time for completion and how the issue is dealt with under the Standard Conditions of Sale (5th Edition) (SCs) and the Standard Commercial Property Conditions (SCPCs) (Second or Third Editions). While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. Standard Conditions of Sale Where: • a contract for the sale of leasehold property incorporates the SCs (fifth edition—2018 Revision): Encyclopaedia of Forms and Precedents para [460], and • the lease requires the landlord’s consent to an assignment the SCs set out an express right to rescind in certain circumstances. SC 8.3.3 provides: ‘Unless he is in breach of his obligation under condition 8.3.2, either party may rescind the contract by notice to the other party if three working days before completion date (or before a later date on which the parties have agreed to complete the contract): (a) the consent has not been given, or (b)

This Practice Note provides practical guidance on proper execution of simple contracts and deeds by administrative receivers. Quick view The table below provides a brief overview of the execution formalities applicable to administrative receivers and where related precedent execution clauses can be found. For further information, navigate to the document type using the links in the first column. Document type Can be made: Document can be executed by: Precedents Simple contracts By the company.See: section 43(1)(a) of the Companies Act 2006 (CA 2006). Under the common seal of the company applied by the administrative receiver under the power granted in the debenture under which they are appointed. Execution clause—administrative receiver—contract (Option 2). By signature of the administrative receiver under the power granted in the debenture under which they are appointed, who signs in the presence of a witness. Execution clause—administrative receiver—contract (Option 3). On behalf of the company.See: CA 2006, s 43(1)(b). By signature of the administrative receiver under the power granted in the debenture under which they are appointed. Execution clause—administrative receiver—contract (Option

Scope of this Practice Note This Practice Note provides information on the regulated activities of entering as provider into funeral plan contracts and carrying out funeral plan contracts as provider under article 59 .of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO), as has been amended from time to time. It also touches on the Financial Conduct Authority’s (FCA)’s regulatory framework in relation to those carrying out these regulated funeral plan activities. Entering into funeral plan contracts Under RAO, SI 2001/544, art 59(1), entering as provider into a funeral plan contract has been a regulated activity. According to the FCA, the ‘provider’ is the person to whom the pre-payments are made and who undertakes to provide, or secure the provision of, the funeral at some future point. They may be the funeral director or a third party who arranges for another person to provide the funeral. A funeral plan contract is a contract where: • a person (‘the customer’) makes one or more payments to another person (‘the provider’), and • the provider undertakes to provide, or secure that

This Practice Note looks at some of the issues around the payment and holding of deposits in residential conveyancing transactions. Nature and purposes of a deposit There is no common law requirement for a buyer to pay or a seller to demand a deposit. If a deposit is to be paid, there must be a specific provision to this effect in the sale contract. A deposit serves two purposes: • it provides the seller with security for the buyer’s performance of the contract, and • it is part payment of the purchase price when the sale completes The deposit gives the seller comfort that the buyer will perform their obligations under the contract. How much deposit is payable? The memorandum of sale should set out the amount of deposit which has been agreed between the buyer and the seller and which will be payable on exchange. The parties’ conveyancers should check with their respective clients, as a matter of course, that the amount specified in the memorandum is

_______________________________________ [NAME OF PROJECT] PRESERVATION OF POSITION DURING DISCUSSIONS CONCERNING [DISPUTE BOARD MEMBER NAME] (DISPUTE BOARD MEMBER) [Date] _______________________________________ Preserving Party: [Name of Party 1] [Address] [Telephone/Fax Number] [Email address] [ON THE HEADED NOTEPAPER OF THE Preserving Party] Other Party: [Name of Party 2] [Address] [Telephone/Fax Number] [Email address] [ [Relevant institution]: ] [[Address] [Telephone/Fax Number] [Email address]] The Dispute Board: [Name of DB member] [Address] [Telephone/Fax Number] [Email address] [[Name of DB Member 2] [Address] [Telephone/Fax Number] [Email address] [Name of DB Member 3] [Address] [Telephone/Fax Number] [Email address]] [[The Engineer/Employer’s Representative] [Address] [Telephone/Fax Number] [Email address]] [NAME OF PROJECT]: preservation of position during discussions concerning [DB member name] (Dispute Board member) We refer to the contract between the Preserving Party and the Other Party for [brief description of project] dated [date] (the Contract), which provides for the use of a dispute board (the Dispute Board). [The Contract incorporates the [relevant institutional dispute board rules] (the Applicable Rules)] [The Parties have agreed to use the [relevant institutional dispute board rules and details of where the parties agreed to use them] (the Applicable Rules)].[ There is also a [DB member agreement OR tripartite agreement] between [insert parties] dated [date] (the [DB Member Agreement OR the Tripartite Agreement])]. [Any

[Approved by resolution of the shareholders on [insert date of shareholder approval]] Adopted by the Directors on [insert date of board resolution] Registered with HM Revenue & Customs on [insert date] under number [insert HMRC registration number] Contents 1. Definitions 2. Invitations and applications to apply for options 3. Scaling down 4. Grant of options 5. Limitations on grants 6. Exercise and lapse of options 7. Takeovers and liquidations 8. Variation of share capital 9. Manner of exercise of options 10. Relationship with contract of employment 11. Administration and amendment 12. Personal data 13. NOtices 14. Third party rights 15. Termination of the scheme 16. GOVERNING LAW AND Jurisdiction 1 Definitions [Admission Date • is [insert date]] Adoption Date • means the date of adoption of the Scheme by the Directors; Appropriate Period • is the period determined in accordance with paragraph 38(3) of Schedule 3; Associated Company • has the meaning given in paragraph 47 of Schedule 3; Bonus Date • means the earliest date on which a bonus is payable: (a) under a three-year Savings Contract, following 36 monthly payments, or (b) under a five-year Savings Contract, following 60 monthly payments; Bound or Entitled • means bound or entitled to acquire shares in the Company under sections 979 to

Buyer beware An innocent buyer can inherit significant environmental liabilities in relation to land and buildings. ‘Caveat emptor’, meaning ‘let the buyer beware’, is a common law principle meaning the seller is under no duty to disclose material facts to a prospective buyer. See Practice Notes: Property—enquiries before contract and Misrepresentation, misstatement and non-disclosure in property matters. The buyer must therefore make its own searches, enquiries and inspections before entering into a contract, to find out the information it requires about the property. See Practice Notes: Pre-contract searches and Types of environmental searches and investigations. Contaminated land Clean up of contaminated land can include very high costs for land remediation, running into several million pounds for liabilities associated with groundwater contamination. It can also result in property blight and frustrate the property transaction. The local authority has a statutory duty under Part IIA of the Environmental Protection Act 1990 (EPA 1990) to investigate and secure remediation of contaminated land in their area. See Practice Note: Contaminated land—local authority duty to inspect land. Although

This Practice Note links to content for the proper execution of deeds and simple contracts by companies, corporate bodies and corporations, including guidance, Precedent clauses and Q&As. Companies Act 2006 Execution formalities and clauses For guidance on the proper execution of documents by companies after 6 April 2008 (being the date on which the relevant provisions of the Companies Act 2006 (CA 2006) came into force), see Practice Notes: • Execution formalities—companies • Forming enforceable contracts—authority—Companies Act companies For examples of execution clauses for a Companies Act company entering into: • a simple contract (rather than a deed), see Precedent: Execution clause—company—contract • a deed (rather than a simple contract), see Precedent: Execution clause—company—deed Seals For guidance regarding the requirements of a company seal, see Practice Note: Requirements of the company seal. For detailed information on the use of electronic seals in relation to information exchanges between businesses in the context of signing contractual documents, see also Practice Note: Electronic signatures. Company constitution For guidance on company constitutions, including what they are

Produced in association with 4 Pump Court This Practice Note looks at the powers and duties that an adjudicator has when acting on an adjudication, focussing particularly on those under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the Scheme for Construction Contracts. References below to paragraph numbers in the Scheme for Construction Contracts are to paragraphs within Part I of the Scheme. Introduction An adjudicator’s powers and duties are normally defined by the rules under which they are appointed (which are typically set out or incorporated in the relevant contract). Although there may be differences between the various adjudication rules, in most cases, the differences are matters of emphasis rather than being fundamental changes. However, it is always important to review the specific rules to determine (a) the extent of the powers and obligations and (b) confirm that they comply with the HGCRA 1996 (if this applies to the contract—see Practice Note: What is a construction contract under the HGCRA 1996?). Where the HGCRA 1996 applies, and there are no adjudication