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PRACTICE NOTES
THIS PRACTICE NOTE APPLIES TO SCHEMES THAT WERE CONTRACTED-OUT SALARY-RELATED (COSR) SCHEMES BEFORE 6 APRIL 2016 This Practice Note covers the requirements that an employer wishing to contract-out on a salary-related basis (also known as DB contracting-out) had to comply with in order to obtain a contracting-out certificate before the abolition of DB contracting-out on 6 April 2016. For more information on the abolition of DB contracting-out, see Practice Note: Abolition of DB contracting-out—an introduction [Archived]. Types of contracting-out certificates Most contracting-out certificates were issued in respect of a single employer (individual contracting-out certificates). However, where the scheme was a multi-employer scheme, a contracting-out certificate could in certain circumstances be issued in relation to more than one employer. Such certificates were known as 'holding company contracting-out certificates'. A holding company contracting-out certificate could be issued even if the holding company was not itself contracted-out. It was sufficient that: • the scheme was a multi-employer scheme • the employers in the scheme were either: ◦ associated by a common interest, ie they
CHECKLISTS
This Checklist looks at the key steps that a creditor must follow to obtain and enforce a charging order over land, with links to detailed guidance at each stage. Preliminary considerations Check that there is a suitable judgment debt, that the debtor has an interest in land, and consider other practical issues. See Practice Notes: • Charging orders and orders for sale—practical considerations • Charging orders—what are they and when to use them—CPR 73 Application Determine whether or not the application must be made in the Civil National Business Centre. See: Charging orders—is this a CNBC or non-CNBC case?—flowchart. Complete form N379, with the required information to hand: • copy of the judgment • details
PRACTICE NOTES
This Practice Note explains how a nuclear site licence is obtained under the Nuclear Installations Act 1965 (NuIA 1965). It considers the Office for Nuclear Regulation (ONR)'s Licensing Nuclear Installations guide (LNI Guidance) and highlights some key legal and project considerations for nuclear operators, developers, investors, lenders, nuclear reactor vendors and landowners. This Practice Note is part of a series on notes on the practical application of the regulatory regime in the lifecycle of a nuclear site licence. Other notes in this series consider: • Applying for and obtaining relicensing for a UK nuclear site, see Practice Note: Relicensing a GB nuclear site—key considerations • The process for delicensing, including both revocation and variation of a nuclear site licence, see Practice Note: Delicensing a GB nuclear site licence—key considerations The Fingleton Report It should be noted that the Department for Energy Security and Net Zero (DESNZ) and the Ministry of Defence (MoD) established the Nuclear Regulatory Taskforce in 2025 to review several aspects of the civil nuclear sector, including licensing.
CHECKLISTS
This is a Checklist of the main issues that an employer will need to consider when seeking a medical report on a current employee during the employee’s employment: • What is the purpose of the report? See Practice Note: Medical reports—data protection issues and AMRA 1988—Purposes of medical report • Why is it necessary to obtain health information, and what is the justification for seeking a medical report—is there a specific feature of the role that requires it, or is it to assess general health, eg for a physically demanding role? • What does the report need to cover—what does the employer need to know, avoiding being intrusive where it is not necessary or relevant? Is it possible to minimise the health information being processed by the employer by involving an occupational health (OH) service or professional? • Who will see the report, and when, and what they will use it for? • Who will prepare the report? ◦ If it is the employee’s GP or consultant, or another medical practitioner who is or has been responsible
CHECKLISTS
This is a Checklist of the main issues that an employer will need to consider when seeking a medical report on a prospective employee during the recruitment process: • What is the purpose of the report? See Practice Note: Medical reports—data protection issues and AMRA 1988—Purposes of medical report • Why is it necessary to obtain health information, and what is the justification for seeking a medical report—is there a specific feature of the role that requires it, or is it to assess general health for a demanding role? • What does the report need to cover—what does the prospective employer need to know, avoiding being intrusive where it is not necessary or relevant? Is it possible to minimise the health information being processed by the employer by involving an occupational health (OH) service or professional? • Who will see the report, when, and for what purpose will it be used? • Has the employer made an offer of employment yet? ◦ If not, does the purpose of the report fall within the permitted circumstances
CHECKLISTS
This Checklist summarises the steps which practitioners need to take in order to obtain a witness summons requiring the attendance of a witness at a Crown Court criminal trial in England and Wales under the Criminal Procedure (Attendance of Witnesses) Act 1965 and in accordance with the Part 17 of the Criminal Procedure Rules 2025 , SI 2025/909 (CrimPR 2025). Note that similar powers to issue a summons for a proposed witness in a magistrates’ court are contained in section 97 of the Magistrates’ Courts Act 1980 and there are powers to compel the production of a witness deposition to be admitted in a Crown Court trial under Schedule 3 of the Crime and Disorder Act 1998. For further information on these powers, see Practice Note: Obtaining third-party disclosure in criminal proceedings. • Is the witness in question likely to be able to give evidence likely to be material evidence for the purpose of any criminal proceedings? OR
NEWS
Restructuring & Insolvency analysis: In the case of Petrofac Ltd, the High Court of England and Wales considered whether it was appropriate to grant an administration order for a Jersey-incorporated company with its headquarters in London. The court ultimately granted the order, and this analysis summarises the key reasons behind its decision. Practical implications written by Stephen Alexander, Stephan Venter and Ben Meggitt-Smith of Mourant Ozannes (Jersey) LLP.
CHECKLISTS
This Checklist sets out a non-exhaustive list of steps to consider when making a possession claim following the end of a lease, and enforcing any order obtained. For detailed guidance, see Practice Notes: • Possession proceedings and • Enforcing a judgment or order for possession of land Preliminary checks Confirm entitlement to possession: • confirm that any fixed term has expired or (if the tenancy was periodic) that valid notice to quit was given and has expired (see Practice Note: Periodic tenancies) • in the case of a business lease, check that the tenancy was not protected by the Landlord and Tenant Act 1954 (see Practice Note: LTA 1954 business lease renewal—termination) • in
PRACTICE NOTES
Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a number of statutory powers. Many of these powers are governed by Part II of the Police and Criminal Evidence Act 1984 (PACE 1984) and Code B of the PACE 1984 Codes of Practice. For information on the search of premises on and after arrest under PACE 1984, ss 18 and 32, see Practice Note: Search of premises without warrant. Search warrants under PACE 1984 may be obtained under either PACE 1984, ss 8 or 9 (excluded material and special procedure material). For detailed analysis on warrants obtained in accordance with PACE 1984, s 9, see Practice Notes: Obtaining excluded material and special procedure material under PACE 1984 and Excluded material and special procedure material under PACE 1984—applications and challenges. Note that there is no priority or preference between the use of the search warrant procedure (under PACE 1984, ss 8–9) and the use of the post-arrest search
CHECKLISTS
This Checklist summarises the requirements on local authorities seeking authorisations to use surveillance powers under Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Investigatory Powers Act 2016 (IPA 2016). It should be read in conjunction with Practice Notes: Regulation of investigatory powers under RIPA 2000, The regulation of intelligence gathering—an introductory guide, Surveillance powers of local authorities and Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016. Local authority investigatory powers The investigatory powers framework applicable to local authorities includes: • authorisation of directed surveillance (RIPA 2000, s 28) • no power to authorise intrusive surveillance under RIPA 2000 • authorisation of the conduct and use of a covert human intelligence source (CHIS) (RIPA 2000, s 29) • arrangements for the proper management and oversight of a CHIS (RIPA 2000, s 29(5)) • judicial approval of authorisations for directed surveillance and CHIS (RIPA 2000, ss 32A, 32B) • authorisation for the acquisition of communications data in accordance with IPA 2016, Pt 3 Authorisation and
PRACTICE NOTES
The Building Act 1984 (BA 1984) empowers the Secretary of State/Welsh Ministers to make building regulations for various purposes, including to secure the health and safety of persons in or about buildings. It establishes criminal liability for breaches of these regulations. It also provides for practical guidance to be given with respect to the requirements of the building regulations, by Approved Documents. The Building Regulations 2010, SI 2010/2214 (Building Regulations) are made under BA 1984. They apply to buildings (defined as any permanent or temporary building including part of a building, but not any other kind of structure or erection) and regulate building works, as defined in Building Regulations, SI 2010/2214, reg 3, by broadly doing the following three things, discussed in this Practice Note: • they impose a set of technical requirements that building works need to comply with/be built to, relating to a range of matters including fire safety, drainage and conservation of fuel and power, among others • they set requirements relating to competence of those employed to carry out the building works, materials
PRACTICE NOTES
THIS PRACTICE NOTE APPLIES ONLY TO DEFINED BENEFIT (DB) OCCUPATIONAL PENSION SCHEMES What is clearance? The Pensions Act 2004 (PeA 2004) has empowered the Pensions Regulator with a raft of powers. Some of its most significant powers are the anti-avoidance provisions in PeA 2004, ss 38–54. The anti-avoidance powers enable the Pensions Regulator to overlook corporate structures and apportion pension funding liability on third parties that are connected to, or associated with, a scheme's sponsoring employer by issuing, among other things, a financial support direction and/or a contribution notice. Clearance is a statement of assurance from the Pensions Regulator confirming that it will not at a later date make the applicants (listed in the clearance application) provide financial support to an underfunded defined benefit occupational pension scheme by issuing a financial support direction and/or a contribution notice. Clearance only relates to the Pensions Regulator's contribution notice and financial support direction powers. A clearance statement does not provide assurance in relation to any other regulatory powers, including the Regulator's criminal