The surrender value is the amount paid when an insurance policy is cancelled before it reaches the agreed maturity date.

THIS PRACTICE NOTE APPLIES TO SCHEMES THAT WERE CONTRACTED-OUT SALARY-RELATED (COSR) SCHEMES BEFORE 6 APRIL 2016 For a scheme to contract out on a salary-related basis (also known as DB contracting-out), the sponsoring employer had to hold a contracting-out certificate in relation to that scheme. Where the scheme was a multi-employer scheme, a certificate could, in certain circumstances, be issued to the holding company, with a schedule detailing which subsidiaries are covered by the certificate. Such a certificate was known as a holding company contracting-out certificate. For more information, see Obtaining a DB contracting-out certificate before 6 April 2016 [Archived]—Types of contracting-out certificates. Over time, it might have been necessary to surrender a contracting-out certificate, eg: • as a result of a decision to contract back into the additional State pension, or • following a group restructuring where a company holding a contracting-out certificate ceased to have any employees This Practice Note sets out the procedures that had to be followed, before the abolition of DB contracting-out

An arrangement is a surrogacy arrangement if, were a woman to whom the arrangement relates to carry a child in pursuance of it, she would be a surrogate mother.

Family analysis: Are new laws needed to cover surrogacy arrangements and modern family set-ups? Mai-Ling Savage, a barrister and specialist in surrogacy, same-sex parenting and fertility law at Fourteen, a specialist family chambers, analyses a recent case which highlights the lack of a clear legal framework to enforce agreements made before the birth of a child.

Family analysis: This case involved an application for a step-parent adoption order from a non-biological parent to secure his legal parentage, having previously secured it by way of a parental order following a surrogacy arrangement, which was later rescinded. It is the first case to consider whether an adoption order should be made in circumstances where a parental order could not because of the surrogate’s lack of consent. The judge, Mrs Justice Theis, declined to make the adoption order, finding that the child’s welfare did not require her to override the surrogate’s lack of consent. Instead, she ordered that the child live with the non-biological father under a ‘lives with’ child arrangements order, while a standalone parental responsibility order was made in his favour. Natalie Sutherland, partner at Burgess Mee Family Law, who acted pro bono for the applicants, considers the issues.

A surrogacy arrangement is the practice whereby a woman carries a child for another person with the intention that the child should be handed over at birth to the commissioning couple or party and raised as theirs. The key provisions for such arrangements are contained in the: • Surrogacy Arrangements Act 1985 (SAA 1985) • Human Fertilisation and Embryology Act 2008 (HFEA 2008) • Human Fertilisation and Embryology (Parental Orders) Regulations 2010, SI 2010/985 (SI 2010/985), revoked by the Human Fertilisation and Embryology (Parental Orders) Regulations 2018, SI 2018/1412 (SI 2018/1412), and • Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018, SI 2018/1413 (SI 2018/1413) It is an offence to carry out commercial surrogacy arrangements in the UK, see: The meaning of a surrogacy arrangement. Guidance The government has released guidance for surrogates and intended parents setting out how to start a family through a surrogacy arrangement, and on how to care for surrogates and intended parents in England and Wales. The guidance for healthcare professionals sets out good practice in providing care to people having a child through

This Practice Note sets out who may apply for a parental order and the conditions that must be met for a parental order to be made under the Human Fertilisation and Embryology Act 2008 (HFEA 2008). It considers the role of a parental order reporter and the effect and duration of, and possible alternatives to, parental orders together with key case law. A parental order provides for a child to be treated in law as the child of the applicant(s) if: • the child has been carried by a woman who is not the applicant, or one of the applicants, as a result of the placing in her of an embryo or sperm and eggs or her artificial insemination, and • the gametes of the applicant, or at least one of the applicants, were used to bring about the creation of the embryo In addition, the conditions set out at HFEA 2008, s 54(2)–(8) must be satisfied where there are two applicants, or HFEA 2008, s 54A(2)–(8) where the application is made by a sole applicant. See:

This Practice Note sets out the procedure for making a parental order application under the Human Fertilisation and Embryology Act 2008 (HFEA 2008). It provides guidance on who can apply, where to apply, acknowledging service and the procedure for the first directions hearing and final hearing. It also details provisions as to evidence of agreement, when agreement will not be required, and the parental order register. A parental order is an order providing for a child to be treated in law as the child of the applicant(s) if the child has been carried by a woman who is not the applicant, or one of the applicants, as the result of the placing in her of an embryo or sperm and eggs or her artificial insemination, and the gametes of the applicant, or at least one of the applicants, were used to bring about the creation of the embryo, subject to certain conditions, see Conditions that must be met. The key provisions for surrogacy arrangements are contained in the: • Surrogacy Arrangements Act 1985 (SAA 1985) • Human Fertilisation

A woman who carries a child for another (and who typically has no biological connection with the child) with the intention that the child will be handed over after its birth.

“Surrogate mother” means a woman who carries a child in pursuance of an arrangement— (a) made before she began to carry the child, and (b) made with a view to any child carried in pursuance of it being handed over to, and [parental responsibility being met] (so far as practicable) by, another person or other persons.

The Investigatory Powers Act 2016 (IPA 2016) received Royal Assent on 29 November 2016 and overhauled the legal framework governing the use of covert surveillance by public bodies, a framework which was largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000). See Practice Note: The regulation of intelligence gathering—an introductory guide. FCA powers of surveillance The Financial Conduct Authority (FCA) is authorised to carry out surveillance to collect information in the prevention and detection of crime. These powers are: • to acquire data in respect of communications (see Practice Note: Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016) • to carry out covert surveillance which may be recorded (see Practice Note: Covert intelligence sources) • to use informants (covert intelligence sources or covert human intelligence source (CHIS)), see Practice Note: Covert intelligence sources) and • to require encryption keys or passwords to access electronic data (see Practice Note: Investigation of encryption protected electronic data under RIPA 2000) The

Personal Injury analysis: In Hayden v Maidstone and Tunbridge Wells NHS Trust the court allowed the defendant’s application for the late introduction of surveillance evidence. Giles Mooney, barrister at 9 Gough Square Chambers and counsel for the defendant in the case, considers the case in more detail and concludes that defendants seeking to rely on surveillance footage should ensure that footage is obtained early in proceedings and disclosed well in advance of any trial date.