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GLOSSARY
A deal between the UK government and the UK nuclear sector under the government’s Industrial Strategy, to address challenges and opportunities specific to the sector. In April 2017 the NIA published its response to the Government’s consultation on sector deals highlighting the need to help the UK nuclear supply chain maximise its contribution domestically and overseas by: (a) increasing investment in R&D and nuclear skills (b) continuation of EMR (c) proper resourcing of the ONR (d) progressing on the GDF (e) cost effectiveness in nuclear new build from a fleet approach (f) continued progress on nuclear decommissioning (g) ensuring there is no disruption to nuclear business post Brexit
PRACTICE NOTES
This Practice Note examines the advertising of certain goods or services in sectors which have sector-specific rules imposed by regulatory bodies, statute, trade bodies or a mixture of all three. It covers: age-restricted products and targeting; alcohol, food and drink; financial services; gambling and lotteries; weapons; tobacco; vaping products; telecoms advertising; environmental claims; medicinal products; and political advertising. General legislative framework In the UK, the main rules governing advertising are found in both legislation and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and the UK Code of Broadcast Advertising (BCAP Code), administered by the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) respectively. The CAP Code and BCAP Code are self-regulatory rules which are underpinned by various legislative frameworks, including: • Chapter 1 of Part 4 and Schedule 20 to the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) (see: LNB News 08/04/2025 37) • the Business Protection from Misleading Marketing Regulations 2008, SI 2008/1276 • (in the case of the BCAP Code) the Communications Act 2003 (CA
GLOSSARY
A secure accommodation order provides for a child to be accommodated in accommodation provided for the purpose of restricting liberty. In most cases, the child must be ‘looked after’, ie either a child under a care order, or a child provided with accommodation under social services functions.
PRACTICE NOTES
This Practice Note sets out the definition of secure accommodation and which children can be placed in secure accommodation by a local authority. It also details human rights considerations, placement outside the jurisdiction, unregulated placements and the ‘mirror procedure’ under the inherent jurisdiction of the High Court which has arisen as a result of the lack of secure accommodation places. For practical guidance on the procedural aspects of secure accommodation orders, see Practice Note: Secure accommodation—procedure, in particular as to: • Secure accommodation without a court order • Applying to the court • Statutory criteria, and • Effect of a secure accommodation order See also Practice Notes: Children, deprivation of liberty and the inherent jurisdiction, Children, consent and deprivation of liberty, Deprivation of liberty court procedure and The deprivation of liberty safeguards. In Re JR (Deprivation of Liberty: Care Order: Principles of Care), Lieven J highlighted the Nuffield Family Justice Observatory report on the Principles of care for children with complex needs and circumstances (September 2023). Section 25 of the Children Act 1989 (ChA 1989)
PRACTICE NOTES
This Practice Note provides guidance on the procedural aspects of secure accommodation orders, including the provision of secure accommodation without a court order, applying to the court and the criteria to be applied, requirements for the social work statement and whether the child should attend court. Orders that may be made, the duration and effect of an order, and reviews and appeals are also considered. For practical guidance on the general principles applied to secure accommodation orders, see Practice Note: Secure accommodation orders—general principles, in particular as to the use of the inherent jurisdiction, together with: • the definition of secure accommodation • children who can be placed • human rights, and • placement outside the jurisdiction See also Practice Notes: Children, deprivation of liberty and the inherent jurisdiction, Children, consent and deprivation of liberty, Deprivation of liberty court procedure and The deprivation of liberty safeguards. In October 2023, the national deprivation of liberty list replaced the national deprivation of liberty court, see LNB News 12/10/2023 4. In January 2025, the President of the Family Division released practice
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explains the conditions that must be satisfied under section 79 of the Housing Act 1985 (HA 1985) for a secure tenancy to exist, and subsequently discusses each of these conditions including whether accommodation qualifies as a dwelling, whether the dwelling is the tenant’s principal home, the landlord condition, the tenant condition, and the exceptions under HA 1985, Sch 1 where a tenancy or licence cannot be secure. It also covers how variation of a secure tenancy can be achieved and the additional rights of secure tenants. Secure tenancy Secure tenancies are the most common form of tenancies provided by local authorities (LAs). The definition of a secure tenancy and the rights of secure tenants is derived from Part 4 of the Housing Act 1985 (HA 1985). A secure tenancy exists when: • the property is a dwelling house (see: A dwelling) • it is let as a separate dwelling (see: Let as a separate dwelling) • the landlord condition is satisfied (see: Landlord condition)
GLOSSARY
A tenancy regulated by the Housing Act 1985.
PRACTICE NOTES
If a borrower becomes insolvent, the lender may have to share the borrower's available assets with other creditors and only receive part of what it is owed as a result. Lenders often take security to protect themselves against this risk and increase the likelihood that they will be repaid. Where security is provided, the lender gets an interest in the security provider's asset(s) giving it comfort that it will be able to recover amounts from the borrower in the event of the borrower's insolvency. Alternatively (or in addition), a lender could take a guarantee from a third party in respect of the borrower's obligations to the lender. If the borrower fails to repay the loan, the lender can make a claim for payment upon the guarantor. This increases the lender's likelihood of getting repaid, particularly if the guaranteeing entity is a good credit or has influence or control over the borrower (for example, if it is the parent of the borrower). Not all loan facilities are secured. For example, investment-grade loan facilities to large
GLOSSARY
A bond for which the issuer has set aside assets as collateral to ensure principal repayment and encourage timely interest payments.
PRACTICE NOTES
Neither the company nor its creditors may approve a company voluntary arrangement (CVA) proposal or modification which affects the right of a secured creditor to enforce its security, unless that creditor concurs. Practically, it would be unusual to propose a CVA where there are important secured creditors or key landlords without holding discussions with them in advance of the CVA proposals being sent out (see Practice Note: CVAs—landlord issues and remedies). Further, for any CVA that is proposed within 12 weeks of the end of a moratorium under Corporate Insolvency and Governance Act 2020 (CIGA 2020), the holders of any unpaid moratorium debts and priority pre-moratorium debts have, in effect, a veto right in respect of the CVA as neither the company nor the creditors may approve a CVA unless these debts are paid in full (unless the creditors consent); CIGA 2020, Sch 3, para 4 of provides protection for creditors of unpaid moratorium debts and priority pre-moratorium debts (as defined in new section 174A of the Insolvency Act
GLOSSARY
A secured party is the creditor or other person in whose favour security is created over a debtor’s assets to secure payment or performance of an obligation. In practice, this will typically be a bank, financial institution, investor or trade creditor holding a charge, mortgage, lien, pledge or other security interest.In England and Wales and Northern Ireland, “secured party” is used in finance documents and is reflected in legislation dealing with security interests and registration (for example, company charges at Companies House). In Scotland, the equivalent concept arises in relation to fixed securities (such as standard securities and pledges) and floating charges under statute. In Ireland, the term is also widely used in banking and finance, and in legislation on company charges and security registration.Key legal features include: priority over unsecured creditors; specific enforcement rights over the secured assets (for example, appointment of a receiver, power of sale or appropriation); and enhanced protection on the debtor’s insolvency. The term is used across secured lending, capital markets, project finance and securitisation, and is central to drafting, enforcement analysis and insolvency risk assessment in all four jurisdictions.
GLOSSARY
Either a lifetime annuity or scheme pension.