What are prohibited or deleterious materials? Most building contracts, sub-contracts, consultants’ appointments and collateral warranties will include provisions dealing with the selection and/or use of materials (see Practice Note: Materials and workmanship in construction contracts). It is important that, in designing, procuring and building new buildings or infrastructure, the specification and/or use of some materials is avoided. These materials are usually described as deleterious or prohibited materials. The use of such materials is to be avoided either: • because the materials themselves will fail or • because they will cause the fabric of the building to fail (eg the ‘glass cancer’ of late 1990s/early 2000s) or • because they may cause harm to individuals (eg asbestos) Defining deleterious/prohibited materials The approach taken in contracts to defining which materials are deleterious, or prohibited, and must not be used has changed over the years. For many years, contracts would incorporate long lists of the materials deemed to be 'deleterious' which were not to be specified for use, or used, in the works. This situation was far from

Certain mainstream legal services must be provided through a regulated entity.

An order of the court preventing a person from taking some action involving a child.

Prohibited steps orders A prohibited steps order is: '… an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court…' It allows the court to place a specific embargo on the exercise of parental responsibility. A prohibited steps order may be made against anyone, regardless of whether they have parental responsibility, eg to restrain a former cohabitant from contacting or seeking to have contact. An order may be made against a person who is not a party to the proceedings. An order may deal with a specific issue such as prohibiting the removal of a child from the UK (where no child arrangements order (CAO) is in force) or preventing the removal of a child from their home. See Practice Note: Leave to remove—external relocation. An order may also be sought to prevent one parent from moving with the child from one part of the UK to another,

A prohibition notice is an enforcement tool used by regulators to require an immediate stop to activities that pose a serious risk or are carried out in breach of legal requirements. In UK and Irish legal practice, it is most commonly associated with health and safety, environmental and regulatory law. In England and Wales, Scotland and Northern Ireland, “prohibition notice” is a statutory term, for example under the Health and Safety at Work etc. Act 1974 and associated legislation, allowing inspectors to prohibit the use of premises, plant, processes or activities until specified risks are remedied. Ireland uses the same term in comparable legislation, including the Safety, Health and Welfare at Work Act 2005. Key legal features include: written notice, identification of the contravention or risk of serious personal injury, specification of the prohibited activity and conditions for lifting the prohibition. Non-compliance is typically a criminal offence and may support subsequent prosecution or civil claims. Use and effect are broadly consistent across the UK and Ireland, though procedural details and appeal mechanisms (for example to an employment tribunal or court) vary by statute and jurisdiction.

Property Disputes analysis: In Landy Palmer v Plymouth City Council and Cornwall Council, the High Court considered whether lease provisions requiring tenants to pay a premium as a condition of assignment were void or unenforceable. The Court held that section 144 of the Law of Property Act 1925 (LPA 1925) and section 19 of the Landlord and Tenant Act 1927 operate concurrently, with section 144 permitting express premium provisions but not excluding scrutiny under section 19. The leases were held to be residential leases, preventing the landlords from relying on section 19(1A). However, because no assignment had been proposed, the Court declined to determine whether insisting on payment of the premium would constitute an unreasonable withholding of consent. The decision leaves unresolved the enforceability of such provisions in future assignments. Produced in partnership with Reece Townsend of Browne Jacobson.

The Tenant Fees Act 2019 (TFA 2019), which came into force on 1 June 2019, prohibits landlords and letting agents from requiring tenants of certain residential tenancies in England to make payments other than those specifically permitted. The effect is to prohibit the charging of fees by the landlord’s agent for viewings, background checks, inventories, or anything else not expressly allowed. It also sets limits on the amount of money that can be demanded as a security or holding deposit, and for certain other payments. Similar legislation affecting properties in Wales, the Renting Homes (Fees etc) (Wales) Act 2019 (RH(Fe)(W)A 2019), came into force on 1 September 2019. It is not identical to TFA 2019; the key differences are identified below. Tenancies affected TFA 2019 applies to any ‘tenancy of housing in England’. A ‘tenancy’ means: • before 1 May 2026, an assured shorthold tenancy (AST) under section 19A of the Housing Act 1988 (HA 1988) (see Practice Note: Assured and assured shorthold tenancies—granting), other than ◦ a tenancy of social housing (within the meaning of the Housing

Notwithstanding the provisions of [insert clause number giving the trustees power of investment] the Trustees shall not (whether in exercise of the power of

Gambling Act 2005 The Gambling Act 2005 (GA 2005) sets out the core regulatory framework for gambling in Great Britain. GA 2005 governs the provision of all gambling in Great Britain, other than the National Lottery and spread betting. The National Lottery is governed by a distinct statutory regime (see below), however, the Gambling Commission exercises regulatory functions across both GA 2005 regime and the National Lottery. In general, there is prohibition on gambling by children and young people. Under GA 2005, 'child' means an individual who is less than 16 years old; 'young person' means an individual who is not a child but is less than 18 years old. There are a number of exceptions to this general prohibition on gambling. These are: • children and young people may participate in all forms of private or non-commercial gaming and betting (eg school raffles, tombolas, church fetes, etc) • young people may participate in lotteries and football pools • children and young people may use Category D gaming machines with the lowest stakes

Overview of the offences of importing and exporting While section 3 of the Misuse of Drugs Act 1971 (MDA 1971) provides for the prohibition on importing and exporting controlled drugs, the Customs and Excise Management Act 1979 (CEMA 1979) creates the offences. See Practice Note: Possession of controlled drugs. There are three main offences under CEMA 1979: • improper importation (CEMA 1979, s 50) • unlawful exportation (CEMA 1979, s 68), and • fraudulent evasion (CEMA 1979, s 170) CEMA 1979, s 170 serves as a ‘mopping up’ offence and in practice is far more widely used than the other two. Almost all of the offences created by these provisions are triable either way with the exception of CEMA 1979, ss 50(6) and 68(1) which are summary only. However, where an offence under CEMA 1979, s 170(2) concerns fraudulent evasion of the prohibition on importing or exporting a Class A controlled drug, it may be triable only on indictment if the statutory minimum sentencing regime for a third Class

Order made by the Pensions Regulator prohibiting a person from being a trustee of a particular occupational pension scheme.

Forthcoming change: The Tobacco and Vapes Act 2026, which received Royal Assent on 29 April 2026, will, from 1 January 2027, make it illegal to sell tobacco to, or purchase tobacco on behalf of, anyone born on or after 1 January 2009 thereby creating the UK's first smoke-free generation. The legislation bans the advertising and sponsorship of vapes and nicotine products while also granting powers to restrict their packaging, branding and displays that might appeal to children. It further bolsters smoke-free protections in certain public areas, with a strong focus on shielding children and medically vulnerable individuals from second-hand smoke. Certain provisions of the Act came into force on 29 October 2026, with others being commenced on 1 January 2027 or on a staged basis by regulations. This content reflects the changes commencing on 29 October 2026 and will be updated when further relevant provisions come into force. For more information, see News Analysis: Clearing the Air: What the Tobacco and Vapes Act 2026 means for enforcement authorities and Tobacco and Vapes Bill receives