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NEWS
EU Law analysis: Regulation (EU) 2025/2518 (the Procedural Regulation) lays down EU-wide procedural rules for the enforcement of the EU General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) in cases involving cross-border processing of personal data. It aims to address inefficiencies and inconsistencies currently observed in cross-border enforcement under the EU GDPR. Key features include harmonised rules for admissibility of complaints and cooperation between Supervisory Authorities, streamlined ‘early resolution’ and ‘simplified cooperation’ procedures, and rights for parties under investigation to have their views heard. Paul Greaves is dual-qualified in England and Wales and Belgium, and is a counsel in Alston & Bird’s Privacy, Cyber & Data Strategy team.
Q&As
Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962, reg 27 (prohibition on letting substandard non-domestic private rented (NDPR) property) provides that a landlord must not let substandard NDPR property unless: • 'relevant energy efficiency improvements' are undertaken, or • one of the exemptions (consent, devaluation or temporary exemptions) apply The seven-year payback rule is one such exemption which allows a landlord to register an exemption where a ‘recommended measure’ is not a ‘relevant
Q&As
A definition of 'similar works or services' is provided by neither legislation nor case law in England and Wales. The specific meaning must be considered on a case-by-case basis as the repetition of similar works or services should be in conformity with the relevant basic project for which the original contract was awarded, and crucially, in light of the extent of possible additional works or services indicated in the original procurement. Awarding a contract without prior publication of a contract notice
Q&As
In answering this Q&A, we have assumed that the customer is a consumer and the seller is a trader within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). It is also assumed that the customer has validly cancelled the contract under the provisions of the CCR 2013. The CCR 2013 give customers the right to cancel sales, supply and digital content contracts. For sales contracts, that right of cancellation does not end until 14 days after the customer has received the goods or part of the goods purchased (see CCR 2013, SI 2013/3134,
Q&As
Regulation 45 of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962 (MEES Regs 2015, SI 2015/962, reg 45) provides that the amount of an unpaid financial penalty is recoverable from the landlord of domestic or non-domestic property as a debt owed to the enforcement authority (either the local authority (domestic) or the local weights and measures authority (non-domestic)) and that in proceedings for the recovery of a financial penalty, a certificate which: • purports to be signed by or on behalf of the person having responsibility for the financial affairs of the enforcement authority, and • states that payment of the financial penalty was or was not received by a date specified in the certificate is evidence of the facts stated. Which court and by
PRECEDENTS
This Questionnaire is being furnished to you in connection with an offering (the Offering) of securities by [insert company name] (the Company), under the Securities Act 1933, Rule 506 (the Securities Act). Important Note: Please answer every question. If your answer to a question is ‘Yes’, please provide details in the explanation. Unless otherwise stated, your answers should be given as of the date you sign the Questionnaire. Some questions reference the 'date of the sale' of the securities, which is currently expected to be on or about [insert date]. If your answers to these questions change after the date you return the Questionnaire, you must notify the Company immediately. Please note that certain questions are necessarily broad in scope, so if you have doubts regarding whether something should be included in your response please err on the side of over-inclusion. The Company may have additional follow-up questions for you in connection with the Offering. Once you have completed the Questionnaire, please sign it to indicate: (i) your consent for the
PRACTICE NOTES
What does this Practice Note cover? This Practice Note discusses transactions relying upon Regulation S under the Securities Act of 1933, as amended (15 USC § 77a) (Securities Act). Regulation S excludes from the registration requirements of section 5 of the Securities Act (15 USC § 77e) offers and sales of securities made outside the US. The discussion includes an overview of Regulation S, including the requirements of the issuer and resale safe harbours, common Regulation S transaction structures, and practical guidance for lawyers working on Regulation S transactions. What is Regulation S? Under section 5 of the Securities Act, it is unlawful to make use of any means or instruments of interstate commerce to offer, sell, or deliver any security unless a registration statement as to the security has been filed with, and declared effective by, the Securities and Exchange Commission (SEC). Because the definition of ‘interstate commerce’ under section 2(a)(7) of the Securities Act (15 USC § 77b(a)(7) includes trade and commerce with ’any foreign country’, the section 5 registration requirements could be
PRACTICE NOTES
This Practice Note briefly summarises the key provisions of Regulation S as well as the practical implications of relying on Regulation S for English and other non-US lawyers; it is not intended to be a comprehensive discussion of Regulation S. Background and scope of Regulation S Regulation S was adopted in 1990 with the express intent of clarifying the extraterritorial application of the registration and prospectus delivery requirements of the US Securities Act of 1933, as amended (Securities Act). Regulation S is based on a simple premise: any offer or sale of securities that occurs inside the United States of America (United States) is potentially subject to the registration and prospectus delivery requirements of Section 5 of the Securities Act (Section 5) and any offer or sale that occurs outside the United States is not. The application of this premise to international offerings is more complicated. Regulation S creates two non-exclusive 'safe harbors' for specified transactions: one principally for issuers and distributors of
PRACTICE NOTES
Estyn is the school inspectorate for Wales, like its English equivalent Ofsted. See Practice Note: Ofsted, failing schools and intervention. It has the power to inspect schools and other educational establishments in Wales, as well as to offer training and best practice guidance to the educational sector. Originally established under the Education (Schools) Act 1992, Estyn currently derives its powers from a number of statutes, including the Education Act 1997, Learning and Skills Act 2000, the Children Act 2004 and the Education Act 2005. Estyn receives its funding from the Welsh Parliament (Senedd) under section 104 of the Government of Wales Act 1998. Duties of HM Chief Inspector for Wales The HM Chief Inspector for Wales (HMCI), is responsible for the management, staffing and organisation of Estyn. They are also subject to a number of statutory duties which require them to keep the Senedd informed about: • the quality of the education provided by
PRACTICE NOTES
This Practice Note discusses the key provisions of facilities agreements that are impacted by regulation and other legislation, linking to further information where appropriate. This Practice Note assumes that the borrower is a UK corporate and the facilities agreement is governed by English law and based on a market standard such as the relevant Loan Market Association (LMA) recommended form of primary lending document. Clause references are to the Loan Market Association Multicurrency Term and Revolving Facility Agreement with Letter of Credit (the LMA Investment Grade Facilities Agreement), or the Senior Multicurrency Term and Revolving Facilities Agreement for Leveraged Acquisition Finance Transactions (the LMA Leveraged Facilities Agreement). This Practice Note focuses primarily on the impact of settled legislation or regulation. For information on proposals and regulatory and legal developments at an earlier stage, see Practice Note: Hot topics for Banking & Finance lawyers. Financial services regulation—useful resources For an overview of the key regulations that impact finance transactions together with links to detailed information, see Practice Note: Regulatory resources
NEWS
The British Insurance Brokers’ Association (BIBA) has revealed that direct regulatory costs for brokers have increased by 40% since 2019 and overall direct and indirect costs amount to 8% of brokers fees and commissions. In its 2023 manifesto, BIBA urges the Financial Conduct Authority (FCA) to reduce this heavy burden of regulation, to address the authorisations backlog and to introduce a fairer structure around Financial Services Compensation Scheme (FSCS) funding.
PRACTICE NOTES
This Practice Note provides a quick reference guide to some of the bodies that have anti-money laundering (AML), counter-terrorist financing (CTF) and counter-proliferation financing responsibilities in the UK. For more detailed information on enforcement, see Practice Note: Money Laundering Regulations—enforcement, offences and penalties. UK government Body Role Home Office Responsible for UK primary legislation, eg Proceeds of Crime Act 2002 (POCA 2002).Strategic planning, including:—police strategy and resourcing—asset recoveryChairs (with HM Treasury) Money Laundering Advisory Committee (MLAC), a forum for key stakeholders to coordinate the AML regime and review its efficiency and effectiveness. HM Treasury Represents UK in Financial Action Task Force (FATF).Approves industry guidance under POCA 2002, Terrorism Act 2000 and the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692.Publishes notices regarding the risks posed by jurisdictions with unsatisfactory money laundering and terrorist financing controls (which are those listed by the FATF).Responsible for the implementation and administration of the UK’s financial sanctions regime—see