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GLOSSARY
An agreement as to the factual basis on which the defendant pleads guilty, subject to the approval of the court. A basis of plea may or may not differ from the factual basis of the Crown’s case.
GLOSSARY
Term describing 0.01% (ie 100th of 1%). 10 basis points (or 10bp) is therefore 0.1%, and 100 basis points is 1%. Also known as bps, bips and less often beeps.
GLOSSARY
The term 'basket' typically refers to flexibility built into negative undertakings in the facilities agreement which allows the borrowing group to take the action restricted by the relevant undertaking (eg incurring debt or making acquisitions) up to the level specified in the 'basket'. Where there is a specified cap on the amount of eg additional debt that can be incurred annually or over the life of the facilities, this is known as a 'hard cap' basket. Where the cap can change with reference to a variable such as EBITDA or is capable of growing depending on the performance of the business, this is known as a 'soft cap' basket.
GLOSSARY
This refers to a minimum threshold for aggregate warranty claims (ie a 'basket'), which must be exceeded before any warranty claim can be brought and, once the threshold is reached, the buyer is entitled to claim the excess only above a specified level. This means that the buyer can only bring significant, rather than small, claims. The buyer is unlikely to agree to a basket threshold for claims under the tax covenant if the warranty limitations apply to claims under the tax covenant.
NEWS
HM Land Registry has announced that Bassetlaw District Council will join the Local Land Charges Register on 21 September 2023.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 10 May 2016; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline CMA Article 101 TFEU/Chapter I CA98 investigation into Ultra Finishing Limited, in relation to the alleged introduction in vertical agreements of a minimum advertised price by Ultra Finishing (a manufacturer) for internet sales of bathroom fittings limiting the ability of retailers to sell below that price (case CE/9857-14). Latest developments On 10 May 2016, the CMA issued its infringement decision and imposed a fine of £786,668 on Ultra. The fine has been reduced by 20% as Ultra agreed to settle with the CMA. A discount of 5% has also been applied following Ultra's agreement to set up a competition compliance programme within its business and amongst its staff. The compliance programme will include a clear commitment to competition compliance from Ultra's board (published on its website), tailored training for all employees and a detailed procedure to identify, assess and mitigate competition law risks.
PRACTICE NOTES
Batteries—legal framework Batteries are regulated in the UK through: • the Batteries and Accumulators (Placing on the Market) Regulations 2008 (BAPMR 2008), SI 2008/2164 which cover restrictions on the use of certain substances in batteries and labelling requirements • the Waste Batteries and Accumulators Regulations 2009 (WBAR 2009), SI 2009/890 which provide a system for the separate collection, treatment and recycling of waste batteries and enables the UK to meet its waste battery collection targets Both sets of regulations have provisions setting out enforcement, offences and penalties. These regulations originally implemented the requirements of Directive 2006/66/EC, the EU Batteries Directive. The EU Batteries Directive has been replaced by Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC (the EU Batteries Regulation 2023). For more information, see EU Practice Notes: EU Batteries Directive—snapshot [Archived] and EU Sustainable Batteries Regulation—overview of requirements. UK regulators The Office for Product Safety and Standards (Safety & Standards), part of
PRACTICE NOTES
Batteries—legal framework Batteries are regulated in the UK through: • the Batteries and Accumulators (Placing on the Market) Regulations 2008 (BAPMR 2008) which cover restrictions on the use of certain substances in batteries and labelling requirements • the Waste Batteries and Accumulators Regulations 2009 (WBAR 2009) which provide a system for the separate collection, treatment and recycling of waste batteries and enables the UK to meet its waste battery collection targets The definition of ‘waste’ is aligned with the Waste Framework Directive 2008/98/EC, including provisions on by-products and end-of-waste status. The Environment Act 2021 (EA 2021) provided for the introduction of extended producer responsibility for various waste regimes. It is likely that extended producer responsibility will be introduced for batteries in the UK. Extended producer responsibility has been introduced for packaging and packaging waste. For more information, see Practice Note: Packaging and packaging waste—extended producer responsibility regime. Under the Windsor Framework, Regulation (EU) 2023/1542 on batteries and waste batteries continues to apply in Northern Ireland. This introduces a separate and evolving regulatory regime covering sustainability, labelling, due diligence
PRACTICE NOTES
Batteries—regulatory framework Batteries are regulated in the UK through: • the Batteries and Accumulators (Placing on the Market) Regulations 2008, SI 2008/2164 (BAPMR 2008), which covers restrictions on the use of certain substances in batteries and labelling requirements • the Waste Batteries and Accumulators Regulations 2009, SI 2009/890 (WBAR 2009), which deals with the system for the separate collection, treatment and recycling of waste batteries These regulations originally implemented the requirements of the Batteries Directive. For more information, see EU Practice Note: EU Batteries Directive—snapshot [Archived]. For more information on WBAR 2009, see Practice Notes: • Portable battery obligations • Industrial and automotive battery-producer responsibility obligations • Battery—treatment and recycling requirements Batteries and Accumulators (Placing on the Market) Regulations 2008 BAPMR 2008 sets out the technical requirements which must be complied with by any persons wishing to place on the market, new batteries and accumulators and any appliances that contain batteries and accumulators. Application BAPMR 2008 applies to all types of batteries and accumulators, regardless of their shape, volume, weight, material
NEWS
Energy analysis: the International Energy Agency (IEA) has stated in its report that batteries will be crucial for the world to meet its energy and climate goals in the fight against global warming. Energy storage needs to increase sixfold by 2030, with batteries covering 90% of the additions and pumped hydropower covering the rest.
PRACTICE NOTES
This Practice Note focuses on a ‘single landowner’ development where a new lease is granted for a stand-alone facility, or where there is an existing lease in place and the battery storage facility is to be co-located on a site where the developer already has a lease. Several factors relating to land rights will need to be considered early in the project decision-making process which will be relevant for developers of prospective battery sites as well as for developers who are looking for new development opportunities at existing sites. The key issues are discussed below. For an overview of the key construction issues in battery storage projects, see Practice Note: Energy storage—construction issues. For more information on the regulatory challenges and opportunities for energy storage projects, see also textbook: Energy Storage: Legal and Regulatory Challenges and Opportunities. What property rights are typically sought for a battery storage project? Leasehold Standalone battery storage developments typically involve a lease of the installation site with ancillary rights over the landowner’s retained land (the ‘Lease’). The Lease would usually be granted pursuant
PRACTICE NOTES
Batteries—legislative framework Batteries are regulated in England and Wales primarily through: • the BAPMR 2008, SI 2008/2164, which covers restrictions on the use of certain substances in batteries and labelling requirements • the WBAR 2009, SI 2009/890, which deals with the system for the separate collection, treatment and recycling of waste batteries Batteries regulation is an area of potential divergence from EU law. In 2023, the EU Batteries Directive was repealed by Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries (the EU Sustainable Batteries Regulations 2023). For more information on EU batteries regulation, see Practice Notes: EU Batteries Directive—snapshot [Archived] and EU Sustainable Batteries Regulation—overview of requirements. For more information on WBAR 2009, see Practice Notes: Portable battery obligations and Industrial and automotive battery—producer responsibility obligations. The role of approved battery treatment operators and approved battery exporters Under WBAR 2009, producers of batteries have a duty to finance the collection, treatment and recycling of waste batteries. Portable battery producers must join a battery