THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL PENSION SCHEMES ONLY Under the preservation legislation, a short service benefit is the pension benefit which must be provided to a member who leaves an occupational pension scheme before retirement, without receiving an immediate pension. Not all early leavers have a right to have their pension benefits preserved within the scheme. This Practice Note explores what rights and options are available to early leavers without a short service benefit. For further information generally on the preservation of benefits within schemes, see Practice Note: Early leavers—preservation. In this Practice Note, references to trustees also mean the managers of a scheme. When will an early leaver be entitled to a short service benefit? An early leaver will acquire a right to a short service benefit in an occupational pension scheme if: • from 1 October 2015, in the case of a member with money purchase benefits only, they have at least thirty days' qualifying service in the occupational pension scheme at the time they leave pensionable service

Requirements of section 53 An authorised person may enter land in connection with: • an accepted application for a development consent order (DCO) (whether relating to that or any other land) • a proposed application for a DCO, or • a DCO authorising the compulsory acquisition of the land or an interest in or right over it for the purpose of: • carrying out surveys and taking levels, and/or • facilitating compliance with environmental impact assessment and habitats regulations assessment requirements For these purposes, an ‘authorised person’ means a person authorised in writing by a person who: • has made a DCO application that has been accepted by the Secretary of State • proposes to make a DCO application, or • has the benefit of a DCO authorising the compulsory acquisition of the relevant land or an interest in or right over it An authorised person must, if requested, produce evidence of their written authorisation before exercising the right of entry. Before 24 July 2026, rights

Many investors hold only a beneficial interest in a company’s shares and act through an intermediary, who is entered in the company’s register of members as the holder of the legal title to the shares. In recognition of how common this arrangement is, Part 9 (sections 145–153) of the Companies Act 2006 (CA 2006) gives rights to such indirect investors and their intermediaries. Many of the CA 2006 provisions relating to indirect investors apply to all companies, but there are more extensive information rights for persons nominated by members of traded companies. A traded company is a company any shares of which: • carry rights to vote at general meetings, and • are admitted to trading on a UK regulated market or an EU regulated market by or with the consent of the company The Chartered Governance Institute (CGI) has issued Guidance on Part 9, Companies Act 2006—Indirect investors, information rights and voting. Indirect investors—rights that may be given by any company A member of any company may nominate another person (or persons) as entitled to enjoy

A right of light is a form of easement that gives a landowner the right to receive light through defined apertures in buildings on its land.

This Practice Note considers whether there is an actionable interference with a right of light, the available remedies (an injunction or damages), and how to seek injunctive relief, including which court, the procedure and documents required. Is there an interference with the right to light? Where a right of light has been established (see Practice Note: Establishing and maintaining rights of light) but there is alleged interference with it, you will need to consider: • how is the defendant interfering with it? • how much light has to be obstructed in order to be able to take action? The following principles have been established: • interference must amount to a nuisance. The mere interference with the light, or the fact that there is not as much light as before, is not enough • the test is whether the diminution caused by the obstruction is such as to make the building a sensible degree less fit than it was before for the purpose of business or occupation according to the 'ordinary notions of mankind'. The amount of

This Checklist sets out the procedure for obtaining and registering a Light Obstruction Notice (LON) under Rights of Lights Act 1959, including a summary of the 19 years and one day rule, the procedure for applying to the Upper Tribunal (Lands Chamber) (UT) for a definitive and/or temporary certificate, and the application for registration of the LON as a local land charge. From 12 April 2015, the responsibility for local land charges transferred to HM Land Registry. The Local Land Charges Rules 2018, SI 2018/273 (LLCR 2018), which are necessary to bring these amendments into operation, came into force on 6 April 2018. However, the provisions will only have effect in a local authority area after the Registrar has given notice in writing to the local authority that from the date specified in the notice the amendments are to have effect . This Checklist sets out the procedure for registering a Light Obstruction Notice where the Registrar has not given such notice in writing, and accordingly, where the process is

This Checklist sets out the procedure for obtaining and registering a Light Obstruction Notice (LON) under the Rights of Light Act 1959 (pursuant to the Local Land Charges Rules 2018, SI 2018/273), including a summary of the 19 years and one day rule, the procedure for applying to the Upper Tribunal (Lands Chamber) for a definitive and/or temporary certificate, and the application for registration of the LON as a local land charge. From 12 April 2015, the responsibility for local land charges transferred to HM Land Registry. The Local Land Charges Rules 2018, SI 2018/273 (LLCR 2018), which are necessary to bring these amendments into operation, came into force on 6 April 2018. However, the provisions only have effect in a local authority area after the Chief Land Registrar (the Registrar) has given notice in writing to the local authority that from the date specified in the notice the amendments are to have effect. This Checklist sets out the procedure for registering a Light Obstruction Notice where the Registrar

This Precedent schedule can be used to track the service and receipt of Light Obstruction Notices (LONs) served on interested parties, and then be used as evidence in confirming with the Upper Tribunal (Lands Chamber) that their directions for publicising the LON have been complied with. This Precedent is provided in Excel and Word formats, accessed by clicking on the links on this page. Please click for an Excel version of the Tracking schedule. Please click for a Word version of the Tracking schedule. Drafting notes to Precedent Rights of light—Light Obstruction Notice—Tracking schedule In order to register

This checklist sets out the steps a developer should take when carrying out due diligence on rights of light and the ways a developer may mitigate the risk of an injunction being obtained. A right of light is an easement that entitles a landowner to receive natural light through an aperture in a building on their property. The owner of the land burdened by the right of light cannot interfere with it without consent. As such on any proposed development it is crucial to identify: • whether there is a nearby building with a right of light—see Practice Note: Establishing and maintaining rights of light • the impact of the proposed development on those rights of light—see Practice Note: Rights of light claims • the remedies available to the person with the right of light—see Practice Note: Rights of light claims A strategy must be put in place for dealing with any such rights, in conjunction with a specialist rights of light surveyor. Do any rights of light exist? A right of light

This Checklist sets out which clauses in a lease and other relevant documents should be reviewed to determine whether a right of light exists. A right of light is an easement that entitles a landowner to receive natural light through an aperture in a building on its property. The owner of the land that is burdened by the right of light (the 'servient Building') cannot interfere with it without consent. On any proposed development it is therefore necessary to identify any neighbouring properties potentially enjoying a right of light (the 'dominant Building'). For further information regarding rights of light, see the following Practice Notes: • Establishing and maintaining rights of light • Rights of light—obstruction notices • Rights of light claims • Rights of light—insurance for developers Section 2 of the Prescription Act 1832 (PA 1832) requires actual enjoyment of light, which means that a right of light can be acquired for their own benefit and in their own right by those with a lesser interest than a freehold—for more information,

This Practice Note sets out the issues that a developer should consider in respect of rights of light (ROL) insurance and the common requirements, terms and coverage of a ROL indemnity insurance policy. The importance of assessing rights of light The likely infringement of rights of light is of crucial importance to a developer when proposing a new build or an extension to an existing building. Following the case of HKRUK II v Heaney, it is clear that the courts may no longer simply award compensation to the injured parties and may be more inclined to grant an injunction against a developer, even if the property has already been built. See Practice Note: Rights of light claims. While the costs of compensation can be significant (often being based on up to 30% of a developer’s profit), this is still usually less than the costs of an injunction, especially if a building (or part of it) has to be demolished following completion and occupation. Developer’s options When faced with a potential ROL claim, a developer

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of applying for a temporary or definitive certificate, the effect on rights of light of registration of a LON and the procedure for registering such a notice, and the circumstances in which it can be cancelled. Light obstruction notice procedure The owner of a building may acquire a prescriptive right to light across adjacent land if light is enjoyed for 20 years without interruption of a year or more. Under the Rights of Light Act 1959, the owner of the adjacent land may prevent rights being acquired by applying to the local authority or HM Land Registry (HMLR) for the registration of a notice that is equivalent to the obstruction of the light, known as a LON. Which body the owner should apply to will be governed either by the Local Land Charges Rules 2018, SI 2018/273 (LLCR 2018) or Local Land Charges Rules 1977, SI 1977/985 (LLCR 1977) on the basis that the Infrastructure