Ill-health early retirement takes place where a member retires on medical grounds before his normal pension date.

THIS PRACTICE NOTE APPLIES TO REGISTERED OCCUPATIONAL PENSION SCHEMES The scheme rules The ill-health early retirement provisions of trust-based occupational pension schemes commonly confer decision-making powers on their trustees or sponsoring employers, or both. In some cases, the decision making will be limited to deciding whether the ill-health test set out in the scheme rules is satisfied. In other cases, the ill-health provisions may have a discretionary element in terms of deciding whether to grant an ill-health pension to a member. The definitions and scope of the ill-health provisions will vary between schemes and issues may arise in interpreting those provisions properly. For further information, see Practice Note: Ill-health early retirement—Interpreting the scheme rules. The relevant decision maker must consider each application on a case-by-case basis. The ill-health rule On receipt of an application for ill-health early retirement, the decision maker must first consult the relevant provisions in the scheme's governing documentation. It is essential to ascertain who decides whether a member is granted ill-health early retirement benefits. To

THIS PRACTICE NOTE RELATES TO REGISTERED OCCUPATIONAL PENSION SCHEMES An important aspect of registered occupational pension schemes is their ability to provide ill-health (sometimes referred to as 'incapacity') benefits. Such benefits are particularly important in circumstances where members are obliged to retire from employment prior to their normal pension date (NPD) due to serious illness. This Practice Note covers the various issues that may arise when interpreting scheme rules of a registered occupational pension scheme for the purpose of determining whether ill-health benefits should be granted to a member. For further information on the considerations relevant to trustees of occupational pension schemes and/or employers required to make decisions in relation to members’ ill-health early retirement requests, see Practice Note: Ill-health early retirement—decision-making and exercise of discretion. Nature of ill-health early retirement benefits Ill-health early retirement benefits are calculated in accordance with the scheme rules. Those provided by defined benefit occupational pension schemes are frequently (but not invariably) more generous than 'normal' early retirement benefits. For example, ill-health early retirement pensions provided

This Practice Note analyses the care worker offences brought in by sections 20 and 21 of the Criminal Justice and Courts Act 2015 (CJCA 2015). These offences have been in force since 13 April 2015. Prevention of ill-treatment or neglect regime CJCA 2015 introduced two offences into the range of measures designed to protect vulnerable individuals from wilful neglect and ill-treatment by people or organisations with responsibility for their care. The other primary measures are: • section 1 of the Children and Young Persons Act 1933 (CYPA 1933) • section 127 of the Mental Health Act 1983 (MeHA 1983), and • section 44 of the Mental Capacity Act 2005 (MCA 2005) CYPA 1933, s 1 protects children and young people from neglect/ill-treatment from any person who has ‘responsibility’ for them, primarily parents. MeHA 1983, s 127 makes it an offence for the staff or managers of hospitals and care homes to ill-treat or neglect any mentally disordererd patient or outpatient. MCA 2005, s 44 mirrors MeHA

This Practice Note considers the issues that arise in relation to illegal and unlawful contractual terms that may be encountered in an employment context, such as terms relating to pay which try to evade tax laws, contracts with people who are not legally entitled to work in the UK and contracts to do types of work which are illegal or contrary to public policy. The Practice Note also examines the effect of illegality, and of illegality by one party only, the lack of any requirement for knowledge of the illegality and the preservation of the right to bring discrimination claims. It covers the issue of public interest and the ‘trio of considerations’ set out by the Supreme Court in Patel v Mirza. Confidentiality provisions and contracting-out are also considered. The contract of employment may be tainted with illegality in the same way as any other contract. Traditionally, one of the most important areas of illegality in this context has been covenants in restraint of trade which will be unenforceable unless they fall within

A person unlawfully entering or seeking to enter the UK in breach of a deportation order or of the immigration laws, or by means which include deception by another person, and includes also a person who has so entered.

Egle Bunkute and Edvinas Ivanauskas pleaded guilty to offences under the Human Medicines Regulations 2012 and the Misuse of Drugs Act 1971. The pair had been illegally selling medicines through their website www.uk-rxcart.com. The sentencing on 3 April 2020 followed a three-year investigation by the Medicines and Healthcare products Regulatory Agency (MHRA) into the pair’s activities.

The Financial Conduct Authority (FCA) has announced that an illegal money lender, Dharam Prakash Gopee (70), has been sentenced to almost eight years in prison for failing to pay a confiscation order. The FCA prosecuted Gopee in 2018 and he was convicted of illegally lending to vulnerable people at high rates. He had sought to take their homes when they were unable to repay. A confiscation order to deprive him of over £5m of criminal proceeds was made in December 2019.

The Crown Prosecution Service (CPS) has reported that Kieran Banks has been jailed for five years after being found guilty of illegally supplying millions of pounds of prescription drugs online, including Diazepam, Zopiclone, Zoplidem and Tadalafil. The drugs provided by Banks are regulated under the Misuse of Drugs Act 1971 (MDA 1971) and the Human Medicines Regulations 2012, SI 2012/1916 due to their addictive nature and the possibility of side effects. Banks was initially investigated by the Medicines and Healthcare Products Regulatory Agency (MHRA), before being charged by the CPS, when evidence was found that Banks was importing the drugs from India before selling them on UKsleepingtablets.org. According to the CPS, Banks is believed to have made over £1.2m from sleeping tablets alone. Anita Rama has also been jailed for 12 months, suspended for 18 months as well as 60 hours unpaid work for her involvement in the scheme.

Background Interpol and UNEP have reported that wildlife crime is estimated to be worth up to £17bn globally per year. Wild flora and fauna can be exploited by criminals along the entire supply chain, from poaching and transportation to processing and selling. Other illegal activities are often associated with wildlife crimes, including money laundering, corruption and document fraud. The UK is a global leader in supporting efforts to halt the decline in nature, protect wildlife and restore the natural world. Tackling the trade in illegal wildlife forms part of UK biodiversity policy. For more information, see Practice Note: Biodiversity—policy and legislative framework. The Environmental Targets (Biodiversity) (England) Regulations 2023, SI 2023/91 created a legally binding target to halt the decline in species’ abundance by 2030 with a target to reverse that decline by 2042, alongside a further target to reduce the risk of species’ extinction by 2042. This is supported by a target to restore or create more than 500,000 hectares of wildlife-rich habitat, which will also help the UK to meet its international commitment to protect 30%

Working by a person subject to immigration control where that person does not have valid extant leave to enter or remain or is in breach of a condition attached to limited leave to enter or remain that prohibits or restricts the right to work whether on an employed or self-employed basis.

STOP PRESS: This Practice Note is being updated for the coming into force of section 48 of the Border Security, Asylum and Immigration Act 2025, and related guidance and Codes of Practice. This measure will extend the right to work regime to the provision of work and services beyond the standard employment relationship, including to worker contracts, individual sub-contractors and online matching services. Liability will also be extended in relation to relationships along a contractual chain and where substitution is allowed. There are separate prescribed requirements which will create a statutory excuse for some of these relationships. For more details, see Practice Notes: Illegal working: who must be checked and Illegal working—civil and criminal sanctions. This Practice Note discusses practical aspects of dealing with a civil penalty for illegal working on behalf of an employer. It covers the main events that may prompt a civil penalty and the procedure under which civil penalties are issued, paid and challenged. A civil penalty may be levied against an employer