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NEWS
The European Commission has released an Explanatory Guide to aid in the implementation of the microplastics restriction under Regulation (EU) 2023/2055, which targets synthetic polymer microparticles (SPMs) in products. Effective from 17 October 2023, this regulation aims to mitigate environmental pollution by restricting SPMs in various products, including medical devices, medicinal products, and biocides. The guide's Part II Q&A section provides detailed clarifications on how the restriction applies to these products, with specific reporting duties outlined in various questions.
NEWS
Impact on Urban Health has published guidance co‑produced with 30 HASL parents to support families, councils, and legal professionals working with neurodivergent children living in temporary accommodation. The guidance highlights that neurodivergent children have varied and changing needs—requiring lawful, personalised housing needs assessments, collaboration with families, and careful consideration of safety, space, routine, and local support networks. It stresses that unsuitable or repeated moves can severely impact children’s wellbeing, and councils must provide suitable, stable accommodation as early as possible while meeting duties under the Housing Act 1996, Equality Act 2010 and Children Act 2004.
PRACTICE NOTES
It is common for employees, and especially executive directors, of companies to be granted awards over shares. A range of exemptions apply which means that these awards can be made without breaching the Financial Services and Markets Act 2000 (FSMA 2000). However, granting share awards to non-employees, such as non-executive directors, can be less straightforward as a number of those exemptions do not apply. This Practice Note sets out FSMA 2000 issues that apply when granting share awards or options to non-employees and the possible routes through each. As the best alternative depends on the circumstances of each case, it will be for the practitioner to ascertain whether, in their particular situation, the arrangement could fall outside the scope of the relevant prohibition. For a guide to some of the other, non-FSMA 2000 issues that apply when granting such awards to non-executive directors, see Practice Note: Shares for non-executive directors—issues and considerations. FSMA 2000 contains
GLOSSARY
An annuity on enhanced terms if an individual is suffering from poor health, such as high blood pressure, diabetes, heart condition, kidney failure, certain types of cancer, multiple sclerosis and chronic asthma.
NEWS
Notice of the impending expiry of certain anti-dumping measures concerning imports of tubes and pipes of ductile cast iron originating in India has been published in the Official Journal of the European Union.
GLOSSARY
Any provision declaring the objects for which property is to be held or applied, and so describing those objects that, consistently with the terms of the provision, the property could be used exclusively for charitable purposes, but could nevertheless be used for purposes which are not charitable .
PRACTICE NOTES
This Practice Note provides practical guidance on the implementation and enforcement of World Trade Organization’s (WTO) panel and Appellate Body reports and recommendations. The guidance covers the principle of prompt compliance and what occurs if there are any disagreements on prompt compliance. The surveillance of compliance aspect is covered as well as how Member States may obtain either compensation as a result of non-compliance or how to obtain authorisation to suspend concession or obligations under the covered agreements. Introduction The WTO dispute settlement system is dependent on the actual implementation of any finding or recommendation made by either the panel or the Appellate Body for it to be an effective dispute resolution mechanism. The Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) sets out rules to ensure that panel and Appellate Body findings and recommendations are implemented. The DSU also caters for situations where there is a lack of compliance in implementation which ultimately may lead to compensation and a suspension of concessions. Implementation
GLOSSARY
Implementation of EU legislation is the internalization of an EU legal act into the national legal systems of the member states by means of their own types of legislation (concept mostly associated with EU Directives) but implementation could also take place at EU level via implementing acts.
PRACTICE NOTES
This Practice Note sets out the steps to be taken following the making of a pension order in family proceedings, key stages and requirements including ascertaining the valuation date, transfer day and valuation day, together with the requirements as to the implementation period as provided for in the Welfare Reform and Pensions Act 1999 (WRPA 1999). It also considers implementation after the specified four-month period has expired and potential problems with implementation including pensions in payment and ‘moving target syndrome’. Unlike pension sharing orders, there is no complex implementation process for pension attachment orders, see: Pensions—financial remedy procedure—Implementation of a pension attachment order. This Practice Note focuses on the more detailed steps required to implement a pension sharing order. Implementation regarding state pensions is dealt with in the Practice Note: Pensions—the state pension. It is important to understand the implementation process of a pension sharing order in order to protect clients’ interests in the post-order period and advise of the possible adverse consequences of delay in implementation. Basics Valuation
PRACTICE NOTES
Background to the implementation of the Acquisitions Directive Prior to the implementation of the Acquisitions Directive (Directive 2007/44/EC) in March 2009, various other directives relating to the banking, insurance and securities sector set out a process for seeking regulatory consent when acquiring a bank, insurer or securities firm. However, each Member State had considerable scope to interpret the regulatory requirements in their own way. This led to concerns that regulatory hurdles could be used to frustrate a bid for political reasons, rather than for any legitimate regulatory reason. As a result, the European Commission proposed that the supervisory approval requirements in the relevant directives should be fully harmonised and on 12 September 2006, the Commission published a proposal for the Acquisitions Directive, which was intended to improve the procedures that Member States' supervisory authorities should follow when assessing proposed mergers and acquisitions in the banking, insurance and securities sectors in order to stop supervisory authorities in the EU from improperly blocking merger and acquisition proposals. The Directive was formally adopted by the European Parliament and
PRACTICE NOTES
UK implementation of EU Habitats Directive EU Council Directive 92/43/EEC (OJ L 206, 22.7.1992) on the conservation of natural habitats and of wild fauna and flora (the EU Habitats Directive), as it continues to have effect in the EU, is mainly transposed in England and the UK offshore area by: • Part I of the Wildlife and Countryside Act 1981 • the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (the Habitats Regulations), which apply in England and Wales and their seas up to 12 nautical miles from the coast, and • the Offshore Marine Habitats and Species Regulations 2017, SI 2017/1013 (the Offshore Regulations), which apply in UK waters more than 12 nautical miles from the coast and/or the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, SI 2001/1754 This legislation is referred to collectively in this Practice Note as ‘habitats legislation’. For information on how Brexit has impacted the habitats legislation, see Practice Note: Brexit—the implications for English and Welsh planning law and practice. Aims of
NEWS
Ireland-Employmentl analysis: This article, was written by Triona Sugrue of A&L Goodbody LLP discussing the current status of Ireland’s phased approach to implementing the EU Pay Transparency Directive..