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PRACTICE NOTES
This Practice Note provides an introduction to the provisions of the Domestic Abuse Act 2021 (DAA 2021). It details the key provisions including the definition of domestic abuse, special measures as to evidence and participation in proceedings, provisions regarding the cross-examination of victims of abuse, domestic abuse protection orders (DAPOs) and domestic abuse protection notices (DAPNs). It provides details of the pilot scheme under FPR 2010, PD 36ZG in relation to DAPOs and DAPNs. It also provides information on commencement dates. DAA 2021 received Royal Assent on 29 April 2021 and is being brought into force in stages. DAA 2021 makes wide-ranging changes to the law relating to domestic abuse, including introducing a definition of domestic abuse, special measures as to evidence and participation in proceedings, the cross-examination of victims of abuse and orders that may be made by the court. DAA 2021 does not repeal the provisions in Part IV of the Family Law Act 1996 (FLA 1996) or any of the other existing available means of protecting victims of domestic abuse such
PRACTICE NOTES
FORTHCOMING CHANGE: This Practice Note reflects the current legislative position, however, note that certain elements may be impacted by the Digital Omnibus proposals published on 19 November 2025, pursuant to the EU Commission’s ‘simplification’ agenda. For more information, see Practice Note: EU Digital Omnibus—tracker. This Practice Note provides an introduction to both the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) and United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR). The UK data protection law collection and the EU data protection law collection collate further key guidance on those regimes and are recommended starting points for research. In brief Data protection law in both the EEA (the EU plus Iceland, Norway, and Liechtenstein) and UK is intended to ensure information about living individuals (within the definition of ‘personal data’) is used fairly and responsibly. To help ensure that, both EEA and UK data protection laws impose a large number of obligations on those ‘processing’ personal data (and on controllers of such processing) and grant rights to
PRACTICE NOTES
This Practice Note provides an overview of Regulation (EU) 2017/745, the Medical Devices Regulation (MDR) and Regulation (EU) 2017/746, the In Vitro Diagnostic Medical Devices Regulation (IVDR), and the process of placing a device on the EU market, including the application of complex transitional provisions for ‘legacy’ devices certified under the previous directives regime. For a detailed discussion of the MD Regulations’ impact on other areas, see Practice Notes: • The EU Medical Devices Regulation and In Vitro Diagnostic Medical Devices Regulation—scope, classification of devices and Notified Bodies • Clinical evaluation and performance evaluation of medical devices in the EU • Post-market surveillance of medical devices in the EU • for the European database on medical devices (EUDAMED) and the obligations of economic operators, The EU Medical Devices Regulation and In Vitro Diagnostic Medical Devices Regulation—EUDAMED and economic operators • for tracking guidance and legislative developments, The EU MDR and IVDR implementing acts and guidance tracker • for consideration of how the MD Regulations
PRACTICE NOTES
Scope of this Practice Note This Practice Note provides route map of the Financial Conduct Authority's (FCA) requirements contained in Chapter 4 of the Conduct of Business sourcebook (COBS 4) requirements, which apply to financial promotions and other communications made by authorised firms to their clients in relation to ‘designated investment business’ (as defined in the FCA glossary). It describes the main themes of COBS 4 and provides a signpost to more detailed information regarding requirements contained in COBS 4. Any business operating in the financial services sector in the UK has to confront a wide range of rules and regulations governing their marketing activities. This is the result of the financial promotion regime which covers all forms of advertising of regulated products or services in the UK. The financial promotion regime derives from: • the Financial Services and Markets Act 2000 (FSMA 2000) • the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, SI 2005/1529 (FPO) • the FCA rules (FCA Handbook) • the FCA Listing Rules • prospectus regulations, and • orders
PRACTICE NOTES
The introduction of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 on 6 April 2011 was the largest wholesale reform of family procedure since the Family Proceedings rules 1991 (FPR 1991). Subsequently, numerous amendments have been made to FPR 2010, see Practice Note: FPR 2010 amendments—tracker for further details. FPR 2010 is made up of 41 Parts, divided into separate chapters and rules, and adopting a format similar to the Civil Procedure Rules 1998, SI 1998/3132 (CPR 1998), with supporting Practice Directions . See Practice Note: Family Procedure Rules 2010 index for a full list of the Parts and Practice Directions. 11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime, including amendments to FPR 2010, see Practice Notes: Family proceedings with EU connections—toolkit and Brexit—Family Procedure
PRACTICE NOTES
The need for legislation in the construction industry Throughout the 1980s and the early 1990s, the construction industry was characterised by inefficiencies, disputes and high levels of insolvency, particularly among contractors and sub-contractors. In 1994, Sir Michael Latham was commissioned to undertake a report on the issues affecting the construction industry. In his report, entitled ‘Constructing the Team’, Latham identified two areas which were pivotal to the issues affecting the industry: • disputes • payment Latham found that the industry needed a specific mechanism of dispute resolution which was accessible, quick and inexpensive to reduce the disputes culture within the industry. Latham also thought that ensuring cash flow to all levels of the industry would reduce contractor and sub-contractor insolvency, and create stability of employment. The HGCRA 1996 The legislative response to Latham's report was contained in Part II of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), which was enacted in 1996 and came into force in May 1998. The HGCRA 1996 sets out requirements relating to adjudication and payment that
PRACTICE NOTES
Overview of the HR department Depending on the size and structure of your organisation, your HR department may be responsible for anything from recruitment, training, performance management, and talent management. It is key to understand their responsibilities and, if they do not manage all these aspects, how they fit in with those who do. For example, within smaller organisations, it may be that external agencies and suppliers take a lot of the responsibility for recruitment and training, leaving the HR department to focus on internal policies, performance management, day to day HR queries from employees and managers, etc. Typical legal issues • an employee has made a data subject access request under the General Data Protection Regulation (GDPR) and wants to see a copy of their HR file. Do we have to supply them with the whole file? See Practice Note: Rights of data subjects • an employee mentioned something to me in passing about someone being bullied in their team. No official grievance has been raised. What should we do, if anything? See Practice
PRACTICE NOTES
This practical guidance relates to the Procurement Act 2023 regime This practical guidance focusses on public procurement under the Procurement Act 2023 (PA 2023). New in-scope procurements must be carried out under PA 2023. Procurements started before PA 2023 came into force (on 24 February 2025) remain governed by the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848). For background reading on the key differences between PA 2023 and the previous regime, see Checklist: Procurement Act 2023—key changes. For details of the transitional arrangements, see Practice Note: Procurement Act 2023 transitional and saving arrangements—PA 2023. For supplementary guidance on key considerations specific to public procurement in Wales, see Practice Note: Introduction to public procurement in Wales—PA 2023. Summary of the principles and structure of the Procurement Act 2023 PA 2023 received Royal
PRACTICE NOTES
The Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) was granted Royal Assent on 29 June 2023. Although pared back in ambition from the original intent to disapply all retained EU law (REUL) by the end of 2023, it did still impose important changes. This Practice Note explains the effect of REUL(RR)A 2023, the changes it made and how assimilated law is interpreted, the role of the courts, and how REUL(RR)A 2023 interacts with the Withdrawal Agreement and the Trade and Cooperation Agreement (TCA) with the EU. The European Union (Withdrawal) Act 2018 (EU(W)A 2018) In order to understand what REUL(RR)A 2023 does, it is necessary to go back to the European Union (Withdrawal) Act 2018 (EU(W)A 2018). For background reading on EU(W)A 2018, see Practice Note: Brexit—key legislation explained. Following the end of the Brexit implementation period on 31 December 2020, EU(W)A 2018 created a new category of domestic law—REUL. REUL was made up of several different 'baskets' of law:
PRACTICE NOTES
This Practice Note provides an introduction to the Sheriff Appeal Court in Scotland, focusing on, among other things, the jurisdiction of the Sheriff Appeal Court, the types of cases it can hear and whether permission to appeal is required. For guidance on: • starting and progressing an appeal in the Sheriff Appeal Court, see Practice Notes: ◦ Starting an appeal in the Scottish Sheriff Appeal Court—which offers guidance on how to initiate an appeal in the Sheriff Appeal Court and the initial stages of procedure ◦ Chapter 7 procedure in the Scottish Sheriff Appeal—which considers the case management of an appeal before three Appeal Sheriffs (Chapter 7 procedure), and ◦ Special incidental procedures in the Scottish Sheriff Appeal Court—which considers the case management of an appeal that raises devolution or human rights issues, requires the taking of proof or further proof, or where a party seeks to remit the appeal to the Court of Session • appeals to and in the Inner House of the Court of Session, see Practice Notes:
PRACTICE NOTES
This Practice Note provides an introduction to the principal elements of the UK’s anti-money laundering (AML), counter-terrorist financing (CTF) and countering proliferation financing (CPF) legal and regulatory framework as it applies to financial services firms. It provides an overview of: • money laundering (ML), terrorist financing (TF) and proliferation financing (PF) • the AML, CTF and CPF statutory and regulatory framework for financial services including the role of the Financial Conduct Authority (FCA) • FCA and Joint Money Laundering Steering Group (JMLSG) Guidance • the role of the Money Laundering Reporting Officer (MLRO) • REP-CRIM, the FCA’s annual financial crime reporting requirement • the Economic Crime (AML) Levy • the key actors in the AML, CTF and CPF framework for financial services For information on FCA AML/CTF supervisory priority areas and sectors, common breaches of AML/CTF requirements and subsequent FCA enforcement action and prosecutions, see Practice Note: FCA supervisory and enforcement focus on AML/CTF requirements. The UK's AML, CTF and CPF framework continues to evolve in response
PRACTICE NOTES
This Practice Note provides high-level information on the UK prudential regime for banks, building societies and systemically important investment firms. For information on key current developments in relation to the regime, see Key current developments below. The Basel Accords The UK prudential regime for banks, building societies and systemically important investment firms consists in large part of measures which implement the Basel Accords, the global standards for the prudential regulation of internationally active banks issued by the Basel Committee on Banking Supervision (BCBS). Basel III: Finalising post-crisis reforms and Minimum capital requirements for market risk(also known as the Fundamental Review of the Trading Book) are sometimes referred to together as Basel 3.1. For information on the schedule for implementing Basel 3.1 in the UK, see Key current developments below. For high-level information on the Basel Accords generally, see Practice Note: Introduction to the Basel Framework—Basel III and Basel 3.1. UK CRR The primary source for UK prudential requirements has been the onshored Capital