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NEWS
The Official Journal has published two guidance documents on the preparation of national Social Climate Plans (SCPs) pursuant to Regulation (EU) 2023/955 (the Social Climate Fund Regulation) on 25 March 2025. The documents include general guidance on SCP preparation and technical guidance on applying the 'Do No Significant Harm' (DNSH) principle. SCPs must be submitted by 30 June 2025 as a condition of access to the €65bn Social Climate Fund, which will operate between 2026-2032. In their SCPs, Member States must outline measures to address the potential social impacts arising from the establishment of the ‘ETS II’, which creates an emissions trading system for buildings and road transport emissions. They must include national and regional measures to carry out building renovations, decarbonise heating and cooling systems, integrate renewable energy and increase the uptake of zero- and low-emission mobility and transport. Temporary direct income support can also be provided to vulnerable households and transport users.
NEWS
The Scottish government has published an application pack for developers, detailing the publicity requirements and procedure for submitting a new application for energy consent. The procedure for submitting a new application for consent and the publicity requirements are outlined in the Electricity (Applications for Consent) Regulations 1990, SI 1990/455 and the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017, SSI 2017/101.
NEWS
The UK Government has published a guide on UK elections. The information in the guide provides for the different types of UK elections which includes the general elections, local government elections and Scottish Parliament elections amongst others. The information also includes eligibility to vote.
NEWS
The Medicines and Healthcare products Regulatory Agency (MHRA) has published guidance on implementing changes to the advertising and promotion of medicines authorised in the UK after 1 January 2025, following the agreement on human medicines as part of the Windsor Framework. The guidance confirms that, from 1 January 2025, all medicines in the UK will be licensed by the MHRA and authorised under the Human Medicines Regulations 2012 (HMRs), SI 2012/1916 (as amended). Marketing authorisation holders (MAHs) will still be able to have a Northern Ireland (NI) marketing authorisation (MA), and, in exceptional circumstances, the MHRA will retain the right to issue Great Britain MAs after 1 January 2025 to safeguard the interests of patients’ health within the UK. Additionally, advertisements to Persons Qualified to Prescribe or Supply will be required to list a series of particulars for the medicinal product being advertised, such as the product licence number and the name and address of the MAH. The guidance also states that, from 1 January 2025, the EU licence number assigned to licences in respect of NI will no longer apply and suggests that the number should be phased out 'at the earliest available opportunity.'
NEWS
The Medical Device Coordination Group (MDCG) has released guidance on content of the Investigator’s Brochure (IB) for clinical investigations of medical devices (MDCG 2024-5). The guidance document is based on Regulation (EU) 2017/745, the Medical Devices Regulation (MDR) and will support sponsors in developing their IB by highlighting what type of information is expected in the particular IB sections, to anticipate questions from the competent authorities during the evaluation of the clinical investigation application.
NEWS
Arbitration analysis: The case clarifies the procedure by which a respondent to an application under section 69 of the Arbitration Act 1996 (AA 1996) may seek its costs. It concerned an unsuccessful application for leave to appeal an arbitration award under AA 1996, s 69. The respondent to the application (LDC) did not apply for its costs of resisting the application until after it had been determined. Mr Justice Bright exercised the court’s residual discretion to award costs in such circumstances (under CPR 44.10). However, he made clear that this was an exception and that, in future, a respondent to a section 69 application should seek its costs in its respondent’s notice and skeleton. If it does not, then it should assume that the court will not exercise its discretion to assist it and it will therefore be left unable to recover costs. Written by Mark Wassouf, barrister, at 3 Verulam Buildings.
NEWS
The Foreign, Commonwealth & Development Office (FCDO) has updated its guidance on giving evidence by video link from abroad in a UK court or tribunal case. The FCDO has included further detail, added links to tribunal webpages and updated the list of countries to which the guidance applies.
PRACTICE NOTES
The procedure for making joint restricted securities elections is the same regardless of whether the election is made under sections 425(3), 430 or 431 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). To be valid, an election must be made: • by both the employee (or director or other office-holder) and the employer (note that it is the employer rather than the company issuing or transferring the employment-related securities (if different) that must enter into the election together with the employee) • in an approved form (for which, see below), and • within 14 days after: ◦ the acquisition (in the case of elections made under ITEPA 2003, s 425(3) or 431), or ◦ the chargeable event (in the case of an election made under ITEPA 2003, s 430) The 14-day deadline is a strict deadline; no extensions are possible. HMRC guidance suggests that if the acquisition or the chargeable event is on day one, then an election must be signed before midnight
NEWS
The Low Carbon Contracts Company (LCCC) has published guidance documents on applying for a minor and necessary modification to standard terms and on the requirements for co-locating electricity storage alongside generation in relation to Contracts for Difference (CfD) Allocation Round 4 (AR4). The minor and necessary modification guidance sets out the application form and the information needed in the application, and provides that where a minor and necessary modification is accepted, this will be included in the CfD awarded to the successful applicant, and any accepted modifications will be published in the CfD Register. The storage co-location guidance notes that storage should have the capacity to provide grid services as well as storing power from CfD generators, and provide the metering arrangements to distinguish the two.
NEWS
On 23 February 2024, the President of the Family Division, Sir Andrew McFarlane, confirmed that the guidance on electronic bundles is suspended in relation to public children proceedings with immediate effect. The guidance has been referred to the Family Procedure Rule Committee with a view to a revised version being published. In the meantime, the judiciary and local authorities are to proceed according to the needs of the case and the capacity of the software system available to them. The guidance continues to apply to private law and financial remedy proceedings.
NEWS
Property analysis: This case was about the price payable for lease extensions of flats outside Prime Central London (PCL). The Upper Tribunal (Lands Chamber) (UT) gave guidance on how to determine the relative value of the existing lease, known as the relativity, which in turn affects how much marriage value is payable where the existing lease has less than 80 years unexpired. It held that reliance cannot, and should not, be placed on the graphs prepared for use outside PCL. Valuers should either use market evidence, or PCL graphs. Written by Tom Jefferies, barrister, at Landmark Chambers.
NEWS
The European Commission has adopted four guidance documents on transposing and implementing Directive (EU) 2023/2413 (the revised Renewable Energy Directive) and Directive (EU) 2023/1791 (the revised Energy Efficiency Directive) into national law. The guidance regarding the revised Renewable Energy Directive covers three areas where progress needs to be accelerated, namely heating and cooling, energy system integration, and renewable fuels of non-biological origin (RFNBOs), while the guidance on the revised Energy Efficiency Directive relates to the heating and cooling aspects of the Directive.