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PRACTICE NOTES
What does effective governance mean in the public sector? Governance within the public sector helps ensure that a group of people in an organisation or in some form of partnership fulfil their overall purpose, achieve their intended outcomes for citizens and service users, and operate in an effective, efficient and ethical manner. Effective governance encapsulates the successful process by which an organisation assures its identity and function, and cascades its core mission, strategic plans and values into behaviours and practice across the organisation or partnership. It also ensures that all individuals are clear about roles, responsibilities and accountabilities. There are many and varied aspects of governance and the term itself is understood differently in different contexts. However, most relate to three core questions: • who has authority? • how should decisions be made? • where does the accountability ultimately lie? This Practice Note provides an overview of the main building blocks of implementing and achieving effective governance across the public sector. It draws on a number
PRACTICE NOTES
The purpose of the return to work interview (RTWI) The purpose of conducting an RTWI is to ensure an employee returning after a period of absence is fully fit for work. This is especially important if the employee is still suffering from health problems or taking medication that may have side-effects you need to be aware of. It also serves to reassure the employee and inform them of the support that is available to them. Why implement return to work interviews? Excessively high absence rates will have an adverse impact on your firm’s profitability, productivity and client service levels as well as the effectiveness and morale of other employees who have to take on the additional workload. It’s also possible that absences could be a reflection of workplace culture and RTWIs are one method of analysing and remedying that. Implementing a formal procedure for conducting an RTWI following an employee’s absence is an effective method of managing your firm’s absence rates and reducing them where they are excessive. The
GLOSSARY
Non-legislative act, addressing one, some or all Member States, adopted by the Commission based on implementing powers conferred upon it by a legislative act which carries out an EU level implementation of some of the latter’s provisions.
GLOSSARY
Non-legislative act, addressed to the Member States, adopted by the Commission based on implementing powers conferred upon it by a legislative act which carries out an EU level implementation of some of the latter’s provisions.
PRACTICE NOTES
Statutory time limits for implementing planning permission Planning permissions do not last forever. Sections 91 and 92 of the Town and Country Planning Act 1990 (TCPA 1990) require that every planning permission must contain a planning condition limiting the time within which the permission can be implemented. Local planning authorities (LPAs) have discretion under TCPA 1990, ss 91 and 92 to grant planning permission for such periods as they consider appropriate. The usual position is that: • in the case of a full planning permission, development must be commenced within three years (in England) or five years (in Wales) of the grant of permission unless a planning condition states otherwise • in the case of an outline planning permission relating to land in England, any application for the approval of a reserved matter must be made not later than the expiration of three years beginning with the date of the grant of outline planning permission and the development to which the permission relates must be begun not later than the expiration of two years from the final
GLOSSARY
Non-legislative act of general application adopted by the Commission based on implementing powers conferred upon it by a legislative act which carries out an EU level implementation of some of the latter’s provisions.
PRACTICE NOTES
What is share dilution? Share dilution happens when a company issues additional shares in itself. As a result, the existing shareholders' proportionate ownership in the company is reduced—or diluted—when these new shares are issued. Example of share dilution A small business has 100 shares in issue. It has ten shareholders all owning ten shares each and therefore each shareholder owns 10% of the company. The following year, the company issues another ten shares to a different party (this can, for example, be either directly to a single investor or to satisfy an option which a share plan participant has exercised over ten shares). There are now 110 shares in issue, and each of the 11 shareholders now owns ten shares each. These ten shares now only represent 9% of the company. In this way, as a result of the company issuing an additional ten shares in itself, the original shareholders are each diluted from 10% ownership to 9%. How do shares cause dilution? Dilution of existing shareholders can be caused in various
PRACTICE NOTES
This Practice Note provides practical guidance on the US’s first steps to implement the general terms of the United Kingdom-United States Economic Prosperity Deal (UK-US EPD). As such, it details the implementation of amendments to the tariffs applicable to UK vehicles, aluminium and steel products and aerospace. Introduction Since President Trump has taken office in 2025, a host of different tariffs have been imposed. As a result of the imposition of these tariffs, a number of countries have attempted to enter into a trade agreement of sorts in order to remove or reduce these duties. On 8 May 2025, the UK and the US announced that they have agreed to conclude the UK-US EPD. As of 8 May 2025, the parties only agreed on the general terms of the UK-US EPD. These general terms would be used in concluding negotiations on the UK-US EPD as well as on implementing some of the general terms. For guidance on the general terms, see Practice Note: General terms for the UK-US Economic Prosperity Deal. Implementing
NEWS
Commercial analysis: Had the defendant repudiated or renounced the contract? Scott Atkins, lecturer in law at the Truman Bodden Law School, Cayman Islands, considers the implication of terms into contracts in an agreement in One Fish Co Ltd v Iceland Foods Ltd.
PRACTICE NOTES
Conduct risk is the corner stone of the Financial Conduct Authority's (FCA) regulatory approach where: • consumers get financial services and products that meet their needs from firms they can trust • markets and financial systems are sound, stable and resilient with transparent pricing information, and • firms compete effectively, with the interests of their customers and the integrity of markets at the heart of how they run their businesses The FCA recognises that conduct risks can evolve in a number of different ways in different markets and over time, which can pose a risk to the FCA's objectives. Conduct risk can present itself in various different ways but are typically driven by the same underlying issues: • Inherent factors—these are characteristics found within financial markets and their participants. These are drivers of conduct risk that interact to produce poor choices and outcomes for consumers in financial markets. The combination of supply-side market failures with demand-side weaknesses can result in poor customer outcomes. With these factors
NEWS
Banking and Finance analysis: Timothy Bromley-White, solicitor at Macfarlanes LLP, discusses the implications of company voluntary arrangements (CVAs) and the new restructuring plan on real estate finance (REF) lenders during the coronavirus (COVID 19) pandemic. He provides an overview of the current usage of CVAs, noting that the overall decrease in their use disguise a marked increase in the use of CVAs in the hospitality, retail and fashion sectors. He concludes that REF lenders investing in these sectors may need to consider the underlying business of the tenants more closely than they might have had to do in the past.
NEWS
Planning analysis: The Law Commission's consultation on CPO reform aims to modernise and simplify aspects of the legislative framework, making it more consistent and user-friendly, but it falls short of comprehensive reform, meaning that acquiring land may remain a complex, costly, and time-consuming process that may not significantly encourage more regeneration projects. This analysis, written by planning barrister Martha Grekos, looks at the potential implications of the Law Commission’s proposals and whether it is likely to be effective in streamlining the compulsory purchase system.