The UK public procurement regulations apply to public contracts in-scope, where the estimated value of the contract is no less than the financial thresholds set out in the relevant legislation, including: • Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 • Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274 • Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273 Prior to the UK’s withdrawal from the EU, public procurement in the UK was subject to financial thresholds set by the EU. These thresholds are set by the European Commission for and reviewed every two years. The latest revision came into effect on 1 January 2020. See: EU threshold levels for public contracts set for 2020, LNB News 11/11/2019 24. Details of the EU thresholds can be found on the Official

This Q&A considers the procedure to be followed by a lender wishing to obtain possession of a property where the borrower is in arrears. In particular, it considers any differences in the procedure to be followed in respect of residential and commercial properties. A mortgagee holding a legal mortgage has a right to possession of the property, although this right can be limited by contract or statute. Unless the mortgage excludes the right to possession, the right arises as soon as the mortgage is entered into. Residential property In terms of the practical differences between obtaining possession, the key difference is the requirement in a residential context to follow the Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property (the Protocol). See Practice Note: Mortgage possession claims. The Protocol applies to: • first charge residential mortgages and home purchase plans regulated by

Statutory Framework The obligations relating to the treatment of 'Protected Persons' are set out in the Electricity (Protected Persons) (England and Wales) Pension Regulations 1990, SI 1990/346 (the 'Regulations’), which were made under the Electricity Act 1989, Sch 14. There are parallel regulations governing the position in Scotland. The purpose of the Regulations is to ensure that the pension arrangements in the Electricity Supply Pension Scheme (ESPS) continue to be available to employees in the electricity industry following privatisation in 1990. The obligations in the Regulations are overriding and apply despite any contrary contractual arrangements contained, for example, in a business sale agreement. It remains possible for individuals to agree other arrangements through their contract of employment, for example. For further information on the ESPS, see Practice Note: The Electricity Supply Pension Scheme. Protected Persons Protected Persons fall into two categories: • Protected Employees—these, broadly speaking, are employees who were active members of the ESPS on 31 March 1990. This category

This Q&A considers personal pension schemes. If a transferor has contracted with an employee to contribute to the employee’s personal pension scheme, the obligation to contribute transfers to the transferee falls under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246. For more information, see Practice Note: TUPE and Beckmann—the pensions exception, in particular section ‘TUPE and Beckmann—the pensions exception—Limits to the scope of TUPE's pensions exception’. Under TUPE 2006, SI 2006/246, reg 4(2), on completion of a relevant transfer all the transferor’s liabilities under or in connection with the contract of employment of a transferring employee ‘shall be transferred … to the transferee’. That same regulation specifies that the transferor will acquire liability for all pre-transfer acts and omissions

Under the Consumer Rights Act 2015 (CRA 2015), the consumer has the right, in the circumstances set out at CRA 2015, s 19, to the following: • short-term right to reject • the right to repair or replacement • the right to a price reduction or the final right to reject Pursuant to CRA 2015, s 22, the time limit for exercising the short-term right to reject is the end of the period of 30 days beginning with the first day after which all of the following has happened: • ownership or possession of the goods has been transferred to the consumer • the goods have been delivered • where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the

There are three key elements to a business transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006): • an undertaking or business, or part of an undertaking or business, that constitutes an economic entity • a transfer of that economic entity • retention of identity by the economic entity after the transfer For further information, see Practice Note: TUPE—business transfers. The test for whether an employee transfers to the transferee on a relevant transfer under TUPE 2006 is not whether his job is potentially redundant, but whether: • he is assigned to the organised grouping of resources or of employees that is subject to the relevant transfer immediately before the transfer, and • his contract

Notice to quit of whole There are common law and statutory restrictions on service of a notice to quit of whole. Any notice served under the Agricultural Holdings Act 1986 (AHA 1986) must, at the bare minimum, comply with the common law requirements in relation to notices to quit, save as modified by the tenancy agreement. However, any requirement (common law or contractual) may be overridden by the more onerous provisions of the AHA 1986. See Practice Note: Agricultural tenancies—notices to quit an agricultural holding. Notice to quit of part At common law a notice can only be given in respect of the whole of the land comprised in the contract of tenancy. Notice to quit part of an agricultural holding is invalid at common law, subject to three exceptions. If different pieces of land are let at different times,

Under section 1 of the Leasehold Reform Act 1967 (LRA 1967), a tenant of a long leasehold house and any associated premises (eg a garden, garage, yard etc) who has owned the property for at least two years has a statutory right to acquire the freehold (and any intermediate leasehold interests). Please see Practice Note: Guide to the right to enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967 (LRA 1967), for more information generally. Under the Law of Property (Miscellaneous Provisions) Act 1994, the seller will normally provide covenants for title, in standard form, by selling with full or limited title guarantee. The standard conditions provide for the seller to transfer the property with full title guarantee unless otherwise provided in the contract.

Contractual interpretation Whether a particular act or omission will constitute a breach of contract will depend on construction of the facts in context of the precise contractual terms agreed. For an example of the court’s approach, see: DRC Distributions Ltd v Ulva Ltd [2007] EWHC 1716 (QB). The terms of the exclusivity provision in question will be key to determining the risk of proposed action to procure an alternative supply, including, for instance: • the exclusivity period—when does the exclusivity period end, are there any circumstances in which the provision does not apply? • the definition of goods/activities covered—are the goods to be procured from the alternative supplier exactly the same as those supplied under the current arrangement? Are they or the activities contemplated covered by the exclusivity provision? • the extent of the exclusivity provision—does it provide for exclusive supply of the goods

For information generally: • on information and consultation under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, see Practice Note: TUPE—information and consultation • on varying terms and conditions of employment in the context of a relevant transfer under TUPE 2006, SI 2006/246, see Practice Note: TUPE—variation of contract terms • on changing terms and conditions of employment, see Practice Note: Changing terms and conditions of employment If, before a relevant transfer under TUPE 2006, SI 2006/246, the transferee (ie the new employer) envisaged taking any measures, in connection with the transfer, in relation to any affected employees who would become the transferee’s employees after the transfer, the transferee should have provided information about those measures to the transferor, to enable the transferor to comply with its obligation to inform the affected employees. The word

This Practice Note: • outlines the key UK tax issues that a company raising funds by way of a rights issue might wish to consider, and • unless stated otherwise, assumes that: ◦ the issuing company is a UK incorporated and tax resident company and, for VAT purposes, belongs in the UK ◦ the issuing company only offers new non-redeemable shares under the rights issue ◦ the shares to be issued under the rights issue are denominated in the same currency as the issuer's functional currency (ie the currency used by the issuing company to draw up its accounts)—where the issuer's functional currency differs from the currency in which the shares are denominated and provided specific conditions are satisfied, any gain or loss on a derivative contract entered into by the issuer to hedge its currency exchange rate risk is ignored for corporation tax purposes, and ◦ the underwriters belong in the UK for VAT purposes This Practice Note includes references to case

Part 1 To be completed by any member of staff involved in any form of procurement for or on behalf of [Insert organisation’s name], including Executive Directors, interims, secondees, temporary staff and contractors—whether or not they have an interest to declare. 1 Your details Name (print): [Insert name] Job Title: [Insert job title] 2 Details of the procurement: Goods/services to be procured [Insert details] Potential suppliers/bidders/tenderers [Insert details] Estimated total contract value [Insert details] Budget holder [Insert details] Project initiation document (PID) number [Insert details] 3 Declaration and signature All staff must complete one of the following statements and return the form to: [insert person or department to receive forms, eg Finance Director or Legal Department]. Please tick to indicate which statement applies. EITHER 3.1 □