Dispute Resolution analysis: Recent developments signal a significant shift in court procedures in England and Wales. During an LSLA lecture on transparency and open justice, Mrs Justice Cockerill, recently appointed as Deputy Head of Civil Justice, outlined a pilot practice direction (PD) that will place select court documents squarely in the public domain via a new, public-facing side of the electronic court file (CE-File).

'School organisation' is the label given collectively to the various statutory processes involved in opening, altering and closing maintained schools. England—establishing a new state-funded school A local authority perceiving a need for a new state-funded school in its area must publish a notice under section 6A of the Education and Inspections Act 2006 (EIA 2006), inviting proposals for a new academy (commonly known as the ‘free school presumption’). The Department for Education (DfE) has produced guidance on how the free school presumption process should operate in practice. The local authority is responsible for providing the site for the new school and meeting all associated capital and pre- or post-opening revenue costs. If no suitable free school proprietor can be identified, then non academy proprietors maybe invited to meet the need by competitive process. It seems to be only as a last resort that the Secretary of State will permit a local authority under EIA 2006, s 10 and/or EIA 2006, s 11 to propose itself as the founder of a new community

Under article 36H of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO), operating an electronic system in relation to lending in the UK, by way of business, is a regulated activity. This Practice Note examines the scope of that regulated activity, including the main elements of operating an electronic system in relation to lending, the rules applicable to firms authorised to carry on this activity, and the key exclusions from the regulated activity. Regulated activities—general Section 19(1) of the Financial Services and Markets Act 2000 (FSMA 2000) imposes a general prohibition on carrying on regulated activities in the UK unless the person is either authorised or exempt. In accordance with FSMA 2000, s 22, for an activity to constitute a regulated activity, it must be carried on 'by way of business'. Under the Financial Conduct Authority’s (FCA) Perimeter Guidance Manual (PERG) (PERG 2.3.3 G), whether or not an activity is carried on by way of business depends on factors such as its scale, degree of continuity, the

This Practice Note looks at the main characteristics of an operating lease and the key advantages of a lease of this nature in comparison to a finance or capital lease: • for more information on finance leases, see Practice Note: Finance leases, and • for an illustration of the key characteristics of operating and finance leases, see Practice Note: Lease finance structures Characteristics of an operating lease The accounting standard ‘FRS 102 The Financial Reporting Standard applicable in the UK and Republic of Ireland’ classifies a lease as an operating lease ‘if it does not transfer substantially all the risks and rewards incidental to ownership’. In essence, an operating lease is any lease other than a finance lease. This can be the case where the asset is leased on repeated short-terms constituting operating leases, where the lease provides a break option permitting the lessee to terminate the lease and walk away or where the lease provides for a significant final payment (a ‘balloon payment’) which the lessee isn’t contractually obliged to pay. An operating lease is generally

What is the requirement for a nuclear site licence? A nuclear site licence is required under the Nuclear Installations Act 1965 (NuIA 1965) to use any site for the purpose of installing or operating: • a nuclear reactor (other than one comprised in a means of transport, whether by land, water or air, such as a nuclear-powered submarine) • a nuclear installation designed or adapted to: ◦ produce or use atomic energy ◦ carry out a process, capable of emitting ionising radiation, that is related to atomic energy production or use, or ◦ store, process or dispose of nuclear fuel or bulk quantities of matter irradiated by the production or use of nuclear fuel, or • a nuclear installation prescribed by the Nuclear Installations Regulations 1971, SI 1971/381, eg an installation designed or adapted for the carrying out of any processes using enriched uranium and the production of isotopes and nuclear fuel elements The Energy Act 2023 (EnA 2023) amended section 1 of the NuIA 1965, to specify that the operation

The operational costs of running a nuclear power plant excluding fuel and any capital costs.

A collection of documents intended to allow safe operating procedures and maintenance. The documents will contain information concerning installed services, plant and equipment and usually include manufacturer's literature, technical drawings and any certificates. The operation and maintenance manuals are required by Part L of the Building Regulations.

Most projects are underpinned by a complex web of contractual relationships between all the parties involved in the project (eg the project company, equity investors, contractors, sub-contractors, off-takers and suppliers). These documents are generally referred to as the 'project documents' (see: Project documents—issues for lenders—overview). In many projects, the operation and maintenance contract (O&M Contract) is one of the principal project documents. What is an operation and maintenance contract? In a typical project finance transaction, the project company is a special purpose vehicle (SPV) set up specifically for the purposes of the project (see Practice Note: Project finance—key project parties). If the project company is an SPV, it is unlikely to have the expertise to operate or maintain the project itself, so it will enter into an O&M Contract with an appropriately-skilled contractor (the O&M Contractor) to provide those services. The purpose of an O&M Contract is to: • allocate operating risk to the party best placed to bear it, ie the O&M Contractor (for

STOP PRESS: A revised version of the National Planning Policy Framework was published on 17 August 2026. This content is being reviewed in light of the revised version. The making of 'any material change in the use of any buildings or other land’ is ‘development’ for the purposes of section 55 of the Town and Country Planning Act 1990 (TCPA 1990). Planning permission is required for development so it is always necessary to consider whether a change of use of land is material and therefore constitutes ‘development’. However, TCPA 1990, s 55(2)(f) provides that a change of use does not amount to development and therefore does not require planning permission, where the former use and the new use are both within the same class specified in an order made under that paragraph. The Town and Country Planning (Use Classes) Order 1987 (the Use Classes Order), SI 1987/764 is an order made pursuant to TCPA 1990, s 55(2)(f). It puts uses of land and buildings into broad categories set out in the schedule

The making of 'any material change in the use of any buildings or other land’ is ‘development’ for the purposes of section 55 of the Town and Country Planning Act 1990 (TCPA 1990). Planning permission is required for development, so it is always necessary to consider whether a change of use of land is material and therefore constitutes ‘development’. However, TCPA 1990, s 55(2)(f) provides that a change of use does not amount to development and therefore does not require planning permission, where the former use and the new use are both within the same class specified in an order made under that paragraph. For example, planning permission would not be required for a change of use from a post office to a hairdresser, as both uses fall within class A1 (shops). However, physical alterations to the premises to facilitate the change of use may require planning permission. The Town and Country Planning (Use Classes) Order 1987, SI 1987/764 (the Use Classes Order) is an order made pursuant to TCPA 1990, s 55(2)(f).

Ireland-Banking & Financial services analysis: This article, was written by Rhiannon Monahan, Ian Duffy & Katherine Quirke of Arthur Cox LLP.

The operational risk assessment tool used by the Environment Agency to assess the risks to the environment from Regulated Facilities.