FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: Stamp duty and SDRT will, in 2027, be replaced with a single, self-assessed tax on transfers of securities, the securities transfer tax (STT) (formerly referred to as the securities transfer charge or STC), that will be paid (and reported) through electronic transfer systems such as CREST or, where appropriate, a new online portal. Draft legislation for the STT was published on 13 July 2026, along with explanatory notes, a policy paper and the outcome of the higher rate 1.5% stamp tax consultation. Subject to exemptions, the STT draft legislation includes a main charge of 0.5% for agreements to transfer chargeable securities to another person for consideration in money or money’s worth and, for transfers to a clearance service (CS) or depositary receipt issuer (DRI), a higher-rate charge of 1.5%. The main charge arises when an agreement is made or, in the case of a conditional agreement, when the conditions are satisfied, although, where the agreement is not electronic, the STT charge arises when the transfer

An offering for sale of a new issue of securities to the general investing public. Securities of such an offering will generally be placed through a syndicate, will have securities issued in small denominations (eg £1,000 each), and will be listed on a stock exchange.

The ‘public performance right’ is the right under CDPA 1988, s 19 to exclude others from putting on the work in public. The right to stop other people from performing the work can be bought and sold in commerce, bequeathed by will, or otherwise dealt with. It should not be confused with ‘performer’s right’.

Family analysis: The appeal related to the jurisdiction of the court to make a declaration that a marriage was not recognised as valid in England and Wales. Mr Justice Newton had made a forced marriage protection order in respect of SA, the appellant’s daughter, and a declaration of non-recognition of the marriage in England and Wales. It was contended that other options, such as nullity or divorce proceedings, could have been considered and that the inherent jurisdiction should not have been used to make the declaration because it bypassed the statutory framework and on a public policy basis the case was not ‘exceptional’. The appeal was refused on both grounds. Poonam Bhari, barrister at 3PB Chambers, considers the implications.

“Public postal service” means a postal service that is offered or provided to the public, or a substantial section of the public, in any one or more parts of the United Kingdom.

Public procurement contracts cover supplies, services and works purchased by the Member States, regional or local authorities and other public bodies. Contracts over a certain value are subject to EU rules and procedures. The over-arching principle of public procurement law is that procurement is opened up to wider competition and that tenderers from across Members States have an equal chance of securing contracts put out to tender by other Member States.

On 12 January 2023, the Regulation on foreign subsidies distorting the internal market (FSR) entered into force. On 10 July 2023, the European Commission (the Commission) adopted Implementing Regulation setting out detailed rules on procedures for the implementation of the FSR. The FSR aims to combat distortions of competition on the EU internal market caused by foreign subsidies. It imposes mandatory notification and approval requirements for large EU public tenders and acquisitions of significant EU businesses and gives the Commission extensive powers to launch ex officio investigations. The notification requirements became effective on 12 October 2023. Mandatory notification/declaration for public procurement procedures Public procurement procedures are notifiable under the FSR where the below conditions (1-3) are cumulatively met. Where only the first two conditions are met, the economic operators must submit a declaration. In an open (single-stage) procurement procedure, the notification or declaration shall be submitted only once, together with the tender. In a multi-stage procedure,

ARCHIVED: This Practice Note has been archived is not maintained. This Practice Note is part of a series of archived Practice Notes collating and summarising notable historic case law rulings and principles relating to public procurement law. The majority of entries in this Practice Note are archived cases, decided before the Public Contracts Regulations 2015 entered into force. For details of the latest case law developments see: • UK public procurement case tracker • EU public procurement case tracker This Practice Note focuses on cases relating to contract award and challenges. Procurement processes should be conducted in a fair and transparent manner, with contracting authorities aiming to build sustainable relationships with suppliers and generate healthy competition for contracts in order to support best value and efficiency. At the same time, contracting authorities need to be alive to potential challenges throughout the procurement process and contract lifecycle. Equally, parties wishing to challenge a contract award must adhere to the relevant procedure and time limits. For further reading on this subject,

ARCHIVED: This Practice Note has been archived is not maintained. This Practice Note is part of a series of archived Practice Notes collating and summarising notable historic case law rulings and principles relating to public procurement law. The majority of entries in this Practice Note are archived cases, decided before the Public Contracts Regulations 2015 entered into force. For details of the latest case law developments see: • UK public procurement case tracker • EU public procurement case tracker The cases in this Practice Note focuses on cases relating to pre-procurement considerations. Pre-procurement considerations are key to ensuring the correct procedure is followed and good project management techniques are embedded in the procurement process. Without due preparation, there is a risk that the process conducted by the contracting authority will not be efficient, the solution may not be fit for purpose and the award may be at risk of challenge. For further reading on this subject, see: Pre-procurement considerations—pre-PA 2023—overview. Brexit impact—public procurement The UK public procurement regime derives from EU

ARCHIVED: This Practice Note has been archived is not maintained. This Practice Note is part of a series of archived Practice Notes collating and summarising notable historic case law rulings and principles relating to public procurement law. The majority of entries in this Practice Note are archived cases, decided before the Public Contracts Regulations 2015 (PCR 2015) entered into force. For details of the latest case law developments see: • UK public procurement case tracker • EU public procurement case tracker This Practice Note focuses on cases relating to procurement procedure. The overarching objective of public procurement law is that procurement is opened up to wider competition and that tenderers have equal opportunity to secure contracts put out to tender by public authorities. Guiding principles are that tenderers should be treated equally and tender procedures should be transparent, such that tenderers know what to expect from the procurement process and have a clear understanding of the basis on which their tender applications will be judged. These principles are at the heart

ARCHIVED: This Practice Note has been archived and is not maintained. It is an archived document setting out the timeline of reforms to the EU public procurement regime. For more information on the current regime, see Practice Notes: Introduction to public contracts procurement—pre PA 2023 [Archived], Introduction to concession contracts procurement—pre-PA 2023 [Archived] and Introduction to utilities contracts procurement—pre-PA 2023 [Archived]. The EU public procurement regime Public procurement of goods, services and works accounts for a significant percentage of gross domestic product (GDP). In the UK, the size of the public procurement market is about 20% of the GDP (including utilities). Before the creation of the EU Single Market, contracting authorities typically favoured domestic suppliers. Not only was this in breach of EU law, but it also had negative macro and microeconomic repercussions for the EU economy. A modern, efficient and transparent procurement law regime is therefore seen as an important part of the EU's legislative toolkit to combat anti-competitive practices. To ensure that the regime is as modern as possible, the EU has reformed

STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. The Procurement Act 2023 (PA 2023) comes into force on 24 February 2025 regulating all public procurements that commence on or after that date. The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 will continue to regulate procurements that have commenced on or before 23 February 2025, as well as the resultant contracts. For further reading on the transitional arrangements, see Cabinet Office—Guidance: Transitional and Saving Arrangements. PA 2023, s 12 sets out the objectives for a covered public procurement.