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PRACTICE NOTES
Legislation and guidance The Historic Environment (Wales) Act 2023 (HE(W)A 2023) received Royal Assent on 14 June 2023. The Act brought together the principal legislation for the conservation of the historic environment in Wales, including the Ancient Monuments and Archaeological Areas Act 1979 and the Historic Environment (Wales) Act 2016, the provisions of which are now consolidated in HE(W)A 2023. HE(W)A 2023, Pt 2 sets out the legislative framework for scheduled monuments in Wales. HE(W)A 2023, s 14(3) (regulations relating to applying for scheduled monument consent) and HE(W)A 2023, s 26(5) and (6) (regulations relating to scheduled monument partnership agreements) are in force from 9 September 2024, and the rest of HE(W)A 2023, Pt 2 is in force from 4 November 2024. Planning Policy Wales and Technical Advice Note 24: The Historic Environment (TAN 24) set out national policy on scheduled monuments. The Welsh Ministers have also published guidance on Managing scheduled monuments in Wales. What is a scheduled monument? A scheduled monument is a nationally important archaeological site or historic building, which is protected against
PRACTICE NOTES
This Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s appointment entered into in relation to a construction project. It looks at the drafting of the schedule of services and at those contained in industry standard form appointments. The main purpose of a consultant's appointment is to document what the consultant has been engaged to do, how they are to do it and what they are to be paid for doing it. While the terms set out in the body of the appointment agreement are important, as they set out the parties' rights and obligations, also very important is the detailed description of the services or activities that the consultant is to carry out during its appointment. Role of the schedule of services At the beginning of a project, the employer needs to determine what each member of the project team will do, from inception of the project to handover of the completed works (and, if relevant, during the maintenance/operational period) and this information then needs to
PRECEDENTS
Calculation and payment of Annual Rent [Additional definitions for inclusion in the general definitions clause in the main body of the Lease] Annual Rent • the amount determined and payable in accordance with Schedule [number of this Schedule in the Lease]; [Approved Licence • a licence to occupy an area within the [Property OR Building OR Centre OR in the form of the draft attached to this Lease at Appendix 1 [(with any modifications that the Landlord [requires OR and the Tenant from time to time agree OR in writing)];] [Approved Underlease • an underlease of [a Lettable Unit OR part of the Property OR Building OR Centre] ] in the form of the draft attached to this Lease at Appendix 2 [(with any modifications that the Landlord requires OR and the Tenant may from time to time agree] in writing)];] 1 Definitions In this Schedule, the following definitions apply: Accountant • the person appointed in accordance with paragraph 8.2; Additional Rent • the amount by which [number]% of Gross Revenue in each Quarterly Period exceeds the Base Rent payable in respect of that period; Additional Rent Days • [[15] January, [15] April,
NEWS
The Local Government Pension Scheme Advisory Board (SAB) has published an updated counsel’s legal opinion on the fiduciary duty aspects of the administration of the Local Government Pension Scheme (LGPS) including the nature and extent of the duties of administering authorities in relation to the investment of funds and the payment of benefits. The legal opinion is intended as a review of and update to the opinion published in 2014 on the fiduciary duty in the context of the LGPS entitled ‘Local Government Pension Scheme: Investments and Non-Financial Considerations’. Furthermore, SAB is to consider whether any further legal advice on specific points would be helpful for the LGPS funds and is set to work with funds to ensure any instructions to counsel cover the pertinent questions and elements of most interest.
NEWS
The Local Government Pension Scheme Advisory Board for England and Wales (SAB) has submitted its response to the Government’s Access and Fairness consultation which proposed a package of reforms to tackle discrimination and boost members’ benefits in the Local Government Pension Scheme (LGPS) in England and Wales. In its response, SAB agreed to adopt the response from the Local Government Pensions Committee (LGPC) dated 29 July 2025 but has also made some additional points on the proposals in its own response dated 6 August 2025. SAB explained that it welcomes the consultation, recognising its value in modernising the LGPS in line with case-law developments and advancing initiatives it has long supported, such as addressing the Gender Pensions Gap (GPG) and improving member opt-out reporting.
GLOSSARY
‘Scheme Pays’ is a system under which members can choose to have their tax paid on the excess contributions via the pension scheme through a reduction in their benefits.
GLOSSARY
This is a named actuary appointed by the trustees or managers of an occupational pension scheme under section 47 of the Pensions Act 1995.
GLOSSARY
Payments made: (1) by a registered pension scheme that is an occupational pension scheme; (2) to or in respect of a sponsoring employer or a former sponsoring employer; (3) for the purposes of administration or management of the scheme.
GLOSSARY
Before A-day, this term referred to the person or body responsible for the day-to-day management of the pension scheme, including maintaining members' records, calculating and paying benefits, and managing contributions.
NEWS
Pensions analysis: The Deputy Pensions Ombudsman has partially upheld a complaint about incorrect member communication. Martin Scott of gunnercooke LLP looks at the decision.
NEWS
Pensions analysis: The Deputy Pensions Ombudsman (DPO) in the determination of Professor G, PO-17403 has upheld a complaint that the scheme administrator of the NHS Pension Scheme was guilty of negligent misstatement by providing inaccurate statements about the complainant’s ability to rejoin the scheme. The DPO found that the complainant should be put in the position he would have been had he been told that he could not join the scheme. There had been no estoppel and the DPO could not order the scheme administrator to make an ultra vires pension payment. Martin Scott of gunnercooke LLP looks at the decision.
PRACTICE NOTES
THIS PRACTICE NOTE APPLIES TO MULTI-EMPLOYER DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES This Practice Note covers scheme apportionment arrangement (SAA), one of three statutory methods by which the buy-out deficit in an underfunded defined benefit (DB) occupational pension scheme (commonly known as a section 75 debt/employer debt/statutory debt) can be apportioned among the participating employers upon the occurrence of an employment-cessation event. In particular, it looks at the statutory requirements that must be met to put in place an SAA. The Practice Note also covers how SAAs interact with the regulatory clearance and notifiable events regimes. The statutory conditions that must be met by SAAs are set out in the Occupational Pension Schemes (Employer Debt) Regulations 2005, SI 2005/678, reg 6B (the Employer Debt Regs) and in the definition of SAA contained in the Employer Debt Regs, reg 2(1). Note there are two other types of apportionment arrangements which employers can use: • flexible apportionment arrangement—for further information, see Practice Note: Flexible apportionment arrangements (FAAs), and • regulated apportionment arrangement—for further information, see Practice Note: Regulated apportionment