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PRACTICE NOTES
This Practice Note provides an overview of the key environmental offences in Scotland across the following areas: water, pollution, waste, public health and conservation. For each offence, it summarises any relevant statutory defences and the maximum penalties applicable. For further guidance on types of sentences that can be imposed in environmental offences and the approach of the Scottish courts to sentencing in such cases, see Practice Note: Sentencing environmental offences in Scotland. The Environmental Authorisations (Scotland) Amendment Regulations 2025, SSI 2025/165, came into force generally on 1 November 2025, with certain provisions taking effect on 1 June 2025. That instrument revoked the Water Environment (Controlled Activities) (Scotland) Regulations 2011, SSI 2011/209 and the Pollution Prevention and Control (Scotland) Regulations 2012, SSI 2012/360. The offences formerly contained in those instruments are now consolidated within the Environmental Authorisations (Scotland) Regulations 2018 (EASR 2018), SSI 2018/219, principally under regulation 69. The Environmental Authorisations (Scotland) Amendment Regulations 2026, SSI 2026/55, in force 26 March 2026, made further amendments to EASR 2018, SSI 2018/219. The Circular Economy
NEWS
Family analysis: The Lexis+ Family Practical Guidance ‘Next Generation’ Consulting Editorial Board (CEB) review the most significant family law developments in 2024 and consider what they anticipate may be key developments in 2025. The ‘Next Generation’ CEB members are Matt Foster, senior associate at Charles Russell Speechlys LLP, Aimee Jones, senior associate at Sternberg Reed LLP, Laurie Kershaw, senior associate at JMW Solicitors LLP, Sacha Lee, associate at Dawson Cornwell LLP, and David Wilkinson, solicitor at Slater Heelis.
PRACTICE NOTES
Stop Press: The LMA Private Placement documents are currently marked for reference only as the LMA is evaluating the future and direction of those forms. Introduction Raising private placements in Europe is a jurisdiction-specific affair: the form of documentation, market practices and applicable law will differ from one jurisdiction to the next. For those companies looking to raise private placements in the UK or from an investor base that is familiar with English law, the Loan Market Association (the ‘LMA’) has published a suite of English law-governed template documentation called the Pan-European Private Placement (PEPP) documentation. The documentation was drafted to provide a useful starting point for companies and investors, leading to greater transaction volumes and public awareness of private placements as a viable financing technique. These forms are marked as ‘reference only’ by the LMA (meaning that they require an update), but continue to be used on certain transactions given their closer alignment to an LMA-style loan agreement when compared with the
PRACTICE NOTES
Debentures are used in many types of financing where it is desirable to take security over all of the assets of a particular entity. They are a form of umbrella document, incorporating many types of security over a broad range of assets. What is a debenture and when do you use one? What is a debenture? In the context of secured lending, the term 'debenture' means a form of security agreement that grants security interests over a broad range of the security provider's assets as collateral for either the security provider's own obligations or the obligations of a third party. The term 'debenture' can also refer to a document that either creates or acknowledges a debt. This Practice Note deals with debentures as a form of security in the context of secured lending. In particular, it considers: • the formalities required for a debenture • the legal principles to be considered • the fixed security normally secured in a debenture • the floating security under a debenture • perfecting the security, and • enforcing debentures and floating
PRACTICE NOTES
This Practice Note looks at the key features of securitisation including the rationale, typical structure, bankruptcy remoteness and bankruptcy proof features of a special purpose vehicle, enforcement methods, and difficulties in restructuring securitised transactions. Rationale Securitisation involves the sale of large pools of cash-generating assets to a special purpose vehicle (SPV). The SPV pays consideration for the assets, which consideration is generated by issuing interest-bearing securities (also known as 'bonds' or 'notes') into the capital markets. The securities have the benefit of security over those assets and/or the cash flows generated by them (known as 'receivables'). The cash flows from the receivables are used to pay interest and repay principal on the securities. Types of receivables which can be securitised include: • mortgage payments • bank loan repayments • lease/rental payments • credit card repayments • insurance premium payments Benefits of securitisation include: • cheaper borrowing—the SPV may get a better credit rating than the debtor company (originator). Either the obligors for the receivables have a better credit rating than the originator, or credit rating
PRACTICE NOTES
The difference between bilateral and syndicated loans A bilateral loan involves a borrower (and sometimes other companies in the borrower's group as guarantors and/or security providers) and a single lender. Where a single lender is unwilling or unable to advance the full amount required by the borrower, the borrower may look to two or more lenders for a loan to meet its needs. In a syndicated transaction, two or more lenders agree to make loans to a borrower on common terms which are set out in a single facility agreement entered into by all of the parties. Types of syndication There are three main types of syndicated loan: • underwritten deals where the arrangers guarantee to lend the entire commitment and subsequently look to syndicate the loan. If the loan is not fully subscribed, the underwriters will have to lend the rest of the money themselves • best-effort deals are not underwritten by the arrangers but they simply undertake to do their best to find other lenders to provide the total commitment. The borrower
PRACTICE NOTES
Key takeaways • purpose of the SLL provisions: The LMA's Sustainability-Linked Loan Provisions offer a recommended drafting framework for incorporating sustainability-linked terms into loan agreements • function and scope: Sustainability-linked loans (SLLs) tie margin adjustments to the borrower's achievement of pre-agreed sustainability performance targets (SPTs), assessed against defined key performance indicators (KPIs) • sustainability margin adjustment: The provisions include a ratchet mechanism where the loan margin adjusts (up or down) depending on how many SPTs are met in each SLL Reference Period, with flexibility to tailor thresholds and financial impact • compliance and reporting: Borrowers must deliver a Sustainability Compliance Certificate after each SLL Reference Period, supported by a Sustainability Report and an external Verification Report, confirming performance and methodology • consequences of breach: Breaches of sustainability-linked undertakings or representations are not typically events of default, but will result in SPTs being deemed not met, affecting margin calculations and potentially triggering declassification • declassification Mechanism: Facilities may be declassified as ‘sustainability-linked’
PRACTICE NOTES
What does this Practice Note cover? This Practice Note provides an overview of the debt capital markets and explains: • what the capital markets are • what a debt security is • the key differences between debt securities and equity securities • the key differences between raising money in the debt capital markets and borrowing by way of loan • debt capital markets terminology, and • types of debt capital markets instruments What are the capital markets? If a corporate entity wishes to raise money (ie 'capital'), it usually has three main options available to it. It can, where it has the power to do so: • issue shares (to raise share capital)—this is usually done through the equity capital markets • borrow the money from an institution such as a bank (to raise loan capital)—this is done through the loan markets (see: Types of lending—overview), or • issue debt securities This Practice Note looks at issuing debt securities. Where an entity raises capital by issuing debt securities, it does so in the
PRACTICE NOTES
This Practice Note provides a summary of, and links to, the major pieces of primary legislation that include immigration provisions. It also includes a compilation of links to key materials and websites commonly used by UK immigration advisers when undertaking research. These include links to the Immigration Rules, policy guidance, immigration statistics sources, the Home Office’s timeline of immigration changes and sector bodies. For details on the legal status of key sources of immigration law such as Immigration Rules and policy guidance, and related matters such as how to read consolidated statutes and Statement of Changes in Immigration Rules, see: Practice Note: Sources of immigration law and their legal status. See Practice Note: Locating guidance and using archives for immigration research for information on researching superseded law and guidance documents. Important note: When accessing UK legislation or the Immigration Rules below, use the table of contents bar at the bottom of the screen to navigate easily between provisions. Statutes The key provisions of major pieces of primary legislation that include immigration
PRACTICE NOTES
This Practice Note sets out, in tabular format, the key possible consequences of deception by omission or failure to disclose relevant facts which are provided for in the suitability grounds for refusal in the Immigration Rules and by statute. It covers deception by omission or failure to disclose relevant facts both in an application for entry clearance, permission to enter or permission to stay; and where a person has permission but fails to disclose a material fact (eg a change of circumstances/purpose) under examination by an Immigration Officer on entry. It should be read in conjunction with Practice Note: Duty of disclosure in immigration applications and interviews. Note that while the grounds for refusal in Immigration Rules, Part Suitability apply to the majority of routes, there are some limited exceptions where the part does not apply to certain parts or appendices of the Immigration Rules, whether in whole, or in part. Details of the application are set out in the Immigration Rules, Part Suitability,
PRECEDENTS
Key Information Document This document specifies key information relating to your relationship with us, including details about pay, holiday entitlement and other benefits.[ Further related information may be found in [insert description of where further related information can be found].] The Employment Agency Standards (EAS) Inspectorate is the government authority responsible for the enforcement of certain agency worker rights. You can raise a concern with them directly on 020 4566 5333 or through the Acas helpline on 0300 123 1100, Monday to Friday, 8.00 am to 6.00 pm. Dated: [insert date] 1 [ Intermediary or umbrella company information You are being paid through an intermediary or ‘umbrella company’—a third-party organisation that will calculate your tax and other deductions and then pay you for the work undertaken for the hirer. We, as the employment business, will still be finding you assignments. The money earned on your assignments will be transferred to the intermediary as part of their income. They will then
PRECEDENTS
Key Information Document This document specifies key information relating to your relationship with us, including details about pay, holiday entitlement and other benefits.[ Further related information may be found in [insert description of where further related information can be found].] The Fair Work Agency (FWA) is the government authority responsible for the enforcement of certain agency worker rights. You can raise a concern with them directly on 0345 161 6000 or through the Acas helpline on 0300 123 1100, Monday to Friday, 8.00 am to 6.00 pm. Dated: [insert date] 1 General information Your name: [insert name] Name of employment business: [insert name] You