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PRACTICE NOTES
Legislation From 16 May 2017 onwards, EIA in respect of town and country planning matters is governed by: • the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, SI 2017/571 (the English EIA Regulations) in England, and • the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017, SI 2017/567 (the Welsh EIA Regulations) in Wales together the 'EIA Regulations'. The EIA Regulations transpose into English and Welsh law the changes made by Archived Directive 2014/52/EU to Archived Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (as they had effect immediately before IP completion day (11 pm on 31 December 2020), in so far as they govern town and country planning matters. For information on how Brexit has impacted the EIA regime, see Practice Note: Brexit—the implications for English and Welsh planning law and practice. Context EIA is an assessment of a project's likely significant environmental effects. EIA must be carried out for certain types of projects (termed
CHECKLISTS
This Checklist provides an overview of certain procedural requirements contained in the Rules of the Court of Session 1994 (RCS) regarding reclaiming motions in the Inner House of the Court of Session, Scotland. For key interlocutors, it addresses whether it is competent to make a reclaiming motion, whether leave to reclaim is required and the time limits involved. For guidance on: • other aspects of the Inner House, Court of Session, see Practice Notes: Appeals to the Inner House of the Court of Session in Scotland and Reclaiming motions in the Inner House of the Court of Session in Scotland • appeals from decisions of the Inner House, see Practice Note: Appeals to the UK Supreme Court in Scottish civil cases • the equivalent in England and Wales, see Practice Notes: Civil appeals: general and preliminary considerations—overview, Civil appeals to the County Court and
CHECKLISTS
ARCHIVED: This Checklist has been archived is not maintained. In Scotland, an application for Judicial Review must be brought, in the prescribed form, in the Court of Session.This Checklist sets out the key procedural stages and time limits for judicial review proceedings in Scotland, in accordance with Chapter 58 of the Court of Session Rules. Note: Time limits are subject to variation. The Court of Session Rules entreat the court to extend time limits where the Lord Ordinary is satisfied that a longer period is necessary. Procedural stage Time limit(s) Court of Session Rule Petition—Lodging of the petition [Form 58.3] 3 months beginning with the date on which the grounds giving rise to the application first arise, or such longer period as the court considers equitable having regard to all the circumstances Rule 58.3 Petition—Intimation, service and advertisement of the petition 7
CHECKLISTS
Action Form No Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 (as amended) Caveat is entered Caveat application online or Form PA8A (available in the forms tab of the Probate actions subtopic) NCPR 1987, SI 1987/2024, r 44(2) Caveator enters caveat at Principal Registry of the Family Division or a district probate registry by post, electronic means or attending personally themselves or by instructing a solicitor. NCPR 1987, SI 1987/2024, r 44 Fee: £3 (if the caveat is entered electronically, this must be paid electronically). Name of deceased entered in index of caveats. NCPR 1987, SI 1987/2024, r 44(4) The caveat remains in force, except as otherwise provided, for six months from entry. NCPR 1987, SI 1987/2024, r 44(3)(a) The index of caveats is searched NCPR 1987, SI 1987/2024, r 44(4) On receipt of application for grant in the registry at which the application is made or of notice of application of grant made in any other registry, district judge or registrar refuses to seal grant against
PRACTICE NOTES
The Freedom of Information Act 2000 (FIA 2000) creates a public right of access to information that is held by public authorities including government departments, local institutions, educational institutions, publicly owned companies and other public bodies in England, Wales and Northern Ireland. Any person, including companies and foreign nationals, can request access to any information held by public authorities. This Practice Note considers some of the most common procedural traps and issues that public authorities may face in relation to freedom of information requests (FOI requests). Requirements for a valid FOI request How much information needs to be included in an FOI request? According to FIA 2000, s 8, the information request must: • be in writing • give the requester’s name and contact address, and • describe the information being requested The written requirement is widely construed by the Information Commissions Office (ICO). It was decided in ICO decision FS50530703 that FOI requests made via the web or social networking sites such as Facebook and
NEWS
Local Government analysis: Was the judge’s decision unsafe because of procedural unfairness? Gianna Lisiecki-Cunane, senior associate at JMW Solicitors LLP, looks at the Court of Appeal’s decision in London Borough of Wandsworth v AMcC and others where all parties accepted that the procedure at first instance had been flawed.
NEWS
The Procedure Committee has launched an inquiry into electronic voting in the House of Commons. This inquiry will examine the advantages and disadvantages of the current division operations in the House of Commons and the potential benefits and drawbacks of implementing electronic voting arrangements for divisions.
NEWS
The Procedure Committee has published its first special report of session 2024-2025. This report comes after the Procedure Committee published its second report for the 2023-2024 session, which focused on departmental performance during the 2022-2023 session. The report includes responses from key government officials, including Leader of the House of Commons, Lucy Powell, and Secretary of State for Health and Social Care, Wes Streeting.
NEWS
The House of Commons Procedure Committee has published its report on the timeliness of responses to Written Parliamentary Questions (WPQs) for the 2023-2024 session. The report notes a significant improvement in overall answering performance, with both Ordinary and Named Day questions exceeding the 85% standard for the first time since 2017-2019. However, this coincided with a 21% decrease in questions tabled. While many departments showed improved performance, the Department for Environment, Food and Rural Affairs saw further decline. The Committee recommends ministers take steps to maintain performance as question volumes are expected to increase and plans to examine response quality in more depth later in Parliament.
NEWS
The House of Commons Procedure Committee published its Fourth Report of Session 2024–26, recommending against the adoption of published call lists for debates in the House of Commons. The committee says call lists would not significantly improve certainty over when MPs are called to speak and could reduce the flexibility and spontaneity of debate. It also raises concerns about the potential impact on the Chair’s discretion and the conduct of proceedings. While noting evidence that call lists could assist with accessibility, work-life balance and participation by smaller parties, the committee concludes that they should not be introduced. It recommends that the Modernisation Committee consider broader procedural reforms relating to the scheduling and management of Commons business.
NEWS
The Procedure Committee has published its second report of session 2024–25, recommending that the government introduce a motion to extend the proxy voting scheme for serious long-term illness and injury until the end of the current Parliament. The report outlines foundational principles to guide future reviews and ensure the scheme is applied appropriately and not subject to misuse. The Committee intends to undertake a further review later in the Parliament, which will consider broader health and wellbeing provisions and draw on related inquiries by the Modernisation and Administration Committees.
NEWS
The House of Commons Procedure Committee has published its First Report of Session 2026–27, Written Parliamentary Questions (WPQs), recommending reforms to manage rising demand, improve the quality and timeliness of government responses, and reduce administrative costs. It found that WPQs doubled between 2024 and 2025, with the government spending £17.7 million.