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PRACTICE NOTES
The Investigatory Powers Act 2016 (IPA 2016) provides the main legal framework governing the use of covert surveillance by public bodies. Previously, this framework had been governed largely, but not exclusively, by the Regulation of Investigatory Powers Act 2000 (RIPA 2000). While the provisions of RIPA 2000 relating to the interception and acquisition of communications data have been repealed and replaced by IPA 2016, the regimes relating to the use of direct surveillance, covert human intelligence sources (CHIS) and obtaining electronic data protected by encryption remain governed by RIPA 2000. For information on the regime for the interception and acquisition of communications under IPA 2016, see Practice Notes: • The regulation of intelligence gathering—an introductory guide • Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016 • Interception of communications under the Investigatory Powers Act 2016 • Equipment interference under the Investigatory Powers Act 2016 • Scrutiny of intelligence gathering and the role of commissioners under the Investigatory Powers Act 2016 Covert human intelligence sources The
PRACTICE NOTES
This Practice Note covers aspects of the regulation of letting and estate agents that may be of interest to consumers. It discusses obligations to provide information, unfair contract terms, consumer protection from unfair trading, business protection from misleading marketing regulations, the redress scheme and codes of practice and practice statements. It also includes obligations and duties imposed by the Renters’ Rights Act 2025 (RRA 2025). Estate agents Estate Agents Act 1979 The statutory definition of 'estate agency work' means that: • a person is regulated as an 'estate agent' under the Estate Agents Act 1979 (EAA 1979) if in the course of a business they act on instructions from a seller or buyer of an interest in land for the purpose either of introducing their client to a buyer or seller or of securing the disposal or acquisition of the interest in land once a buyer or seller has been introduced • a person is not regulated as an 'estate agent' if they act only as a letting agent, or if they only advertise, or disseminate
PRACTICE NOTES
Telecommunications in the UK is subject to sector-specific regulation and general competition law. This Practice Note sets out how market reviews of the telecoms sector are undertaken by the UK’s national regulatory authority, Ofcom, with particular focus upon the review of the Physical Infrastructure and Business Connectivity Markets and the Wholesale Fixed Telecoms Market Review. Ofcom’s powers Ofcom has certain powers under the Communications Act 2003 (CA 2003) to review specific markets to determine whether there is effective competition and to impose appropriate remedies to address any competition problems that are identified. Some of these powers were derived originally from European directives which were implemented into UK law. The most recent of these was Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) which was implemented in December 2020. These powers therefore continue to apply, as the implementing laws constitute EU-derived domestic legislation and form part of assimilated law. For further information on the European Electronic Communications Code, see Practice Note: The European Electronic
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Regulation
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Regulation
CHECKLISTS
ARCHIVED: This Practice Note is archived and is no longer maintained. Following concerns about the risk of consumer detriment in the pre-paid funeral plan market, HM Treasury launched a call for evidence on the regulation of the sector in June 2018. Responses to the call for evidence confirmed that consumer detriment was present in the market and that there was a need for compulsory regulation of the sector. The UK government considered a range of options, including whether a new statutory regulator should be established, but concluded that bringing all funeral plan providers within the remit of Financial Conduct Authority (FCA) regulation would be the most effective and proportionate policy response for strengthening the regulation of the market. HM Treasury’s consultation, launched on 1 June 2019, sought stakeholder views on proposed amendments to the legislative framework to bring all funeral plan providers within the FCA’s remit. The government published its response to the consultation in March 2020, setting out its final policy approach to amending the regulatory framework. Under article 59(1) of the Financial
PRACTICE NOTES
This Practice Note explains what is defined as ‘social housing’ and provides guidance on the regulation of social housing in England by the statutory regulator, the Regulator of Social Housing (RSH). It details the regulatory framework imposed by the RSH within which registered providers (RPs) of social housing must operate, including the relevant standards applied and powers of enforcement as amended by the Social Housing (Regulation) Act 2023 (SH(R)A 2023). Social housing Social housing means: • low cost rental accommodation, and • low cost home ownership accommodation Accommodation is low cost rental accommodation if: • it is made available for rent • the rent is below the market rate, and • the accommodation is made available in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market Accommodation is low cost home ownership accommodation if: • the accommodation is occupied, or made available for occupation, in accordance with shared ownership arrangements, equity percentage
PRACTICE NOTES
STOP PRESS—Draft Repairing Standard (Scotland) Regulations: Draft regulations laid before the Scottish Parliament in January 2026 propose targeted amendments to the Housing (Scotland) Act 2006 (H(S)A 2006) and associated repairing standard regime. The draft instrument would amend H(S)A 2006, s 13 to provide expressly that a privately rented house must be substantially free from damp and mould. It would also introduce new statutory duties requiring landlords to investigate reports (or knowledge) of damp or mould within ten working days and, where relevant safety work is identified, to commence repairs within a further five working days. Failure to comply with these duties could result in breach of the repairing standard, see below at ‘Statutory Repairing Standard—common repairs exemption’. Landlord Regulation Private landlords are required to comply with a number of statutory regulations when letting residential property as set out below. Landlord registration When to register and exemptions Since 2006 pursuant to section 1 of the Antisocial Behaviour etc (Scotland) Act 2004 (AB(S)A 2004), landlords in the private rented sector must register with
NEWS
The Ministry of Justice has launched a consultation on proposals to establish an independent statutory regulator for the debt enforcement sector in England and Wales. The regulator would oversee enforcement agents, High Court Enforcement Officers, and their firms using the Taking Control of Goods procedure, aiming to protect vulnerable individuals, enhance accountability, and raise industry standards. While the Enforcement Conduct Board currently provides voluntary oversight, concerns over inconsistent protections and the treatment of vulnerable debtors have prompted calls for statutory regulation. The proposed reforms would empower the regulator to accredit firms and individuals, gather and share data, monitor compliance, handle complaints, and recommend sanctions. The Government will consider responses before bringing forward legislation when Parliamentary time allows. The consultation will run for eight weeks until the 21 July 2025.
PRACTICE NOTES
STOP PRESS: The Tobacco and Vapes Act 2026 received Royal Assent on 29 April 2026 and partly entered into force on that date. The TVA is discussed in the Overview of regulatory framework for e-cigarettes, Recent developments and horizon scanning and Promotion and advertising sections. Certain provisions of the Act are due to come into force on 29 October 2026 and 1 January 2027, with others being commenced on a staged basis by regulations. Please note this legislation may impact the content of this Practice Note more generally in other sections and will be updated in due course following the entry into force of the relevant provisions. For further information see the relevant entry in the Legislation section of the Life sciences tracker—UK. See also, News Analysis: The Tobacco and Vapes Bill 2024—key provisions and potential legal challenges. This Practice Note contains guidance on the EU regulatory framework and the evolving UK regime for vapour products and e-cigarettes following Brexit and post-IP completion day (eg 31 December 2020, the end of the Brexit
NEWS
The European Commission has adopted an Implementing Regulation under Regulation (EU) 2021/2282 (the Health Technology Assessment (HTA) Regulation) on managing conflicts of interests while conducting joint clinical assessments and joint scientific consultations. The Implementing Regulation aims to create an independent, impartial and transparent assessment framework for new health technologies, which will examine declared interests to determine whether participation should be excluded or limited.
NEWS
Commission Delegated Regulation (EU) 2026/773 of 4 March 2026 amending Delegated Regulation (EU) 2019/980 as regards the reduced content and the standardised format and sequence of the EU Follow-on prospectus and the EU Growth issuance prospectus has been published in the Official Journal of the EU. It enters into force on 18 June 2026.