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PRACTICE NOTES
The Green Deal was a government scheme that enabled individuals and businesses to make energy efficiency improvements to residential and commercial property funded through a ‘pay-as-you-save’ approach. Green Deal providers arranged low-cost finance for the improvements without any up-front payment. Instead, the costs of making the energy saving improvements were added to the energy bills at the property and paid off in instalments by the energy bill payer in line with the Green Deal Golden Rule ie. the rule that the expected financial savings resulting from the energy efficiency measures were equal to or greater than the costs attached to the energy bill. The burden of the repayments remains with the property, and therefore transfers to the new owner/occupier when a building is sold/let. The Energy Company Obligation (ECO), which replaced the Carbon Emissions Reduction Target and the Community Energy Saving Programme, complemented the Green Deal. The Green Deal was introduced in Great Britain through the Energy Act 2011 (EnA 2011) and implemented through a series of regulations and orders, providing detail to the scheme, such as the
PRACTICE NOTES
Note that additional commentary on the issues discussed in this Practice Note in the context of the regulation, consenting and incentivisation of the net zero energy transition is available in the following textbook that we have published: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. Brexit impact 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. Upon IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) created a new category of domestic UK law—retained EU Law (REUL)—made up of EU-derived rights and legislation that were preserved in the UK following Brexit. On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides information on the EU General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) regime as it applied in the UK prior to 11 pm on 31 December 2020. As of that date, this Practice Note is for background information only and is not maintained. For guidance on the changes made to UK data protection law by the superseding UK GDPR regime from that date, see Practice Notes: The UK General Data Protection Regulation (UK GDPR), The UK General Data Protection Regulation (UK GDPR)—Navigator and Brexit—implications for data protection [Archived]. Brexit On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period until 11 pm on 31 December 2020, during which it continues to be subject to EU law. During this period, the EU General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) regime applies in the UK, and the UK generally continues to be treated as an EU (and EEA) state for EEA and UK data protection
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides information on the key steps which pensions trustees and/or sponsoring employers had to take in the lead-up to 25 May 2018 to prepare for the coming into force of the General Data Protection Regulation (EU) 2016/679. This Practice Note is for background information only and is not maintained. The General Data Protection Regulation (GDPR) came into force on 25 May 2018 replacing, and building on, existing data protection legislation. The GDPR raises the bar to increase protection for individuals' personal data. Trustees and employers (as data controllers) need to be more transparent about what they do with personal data. Individuals have stronger rights over their data and there are substantially heavier penalties for breaches of the law. Accountability is a key theme: ‘appropriate technical and organisational measures’ need to be taken to ensure compliance with the higher standards of the GDPR is demonstrable. There is no phasing in of the new obligations. For information on the application
Q&As
The right to statutory holiday under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 applies to ‘workers’, and is to a total of 5.6 weeks' annual leave each 'leave year', made up of: • a basic entitlement to a minimum of four weeks' annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under Directive 2003/88/EC, WTD • an additional entitlement to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave year, which is a right under domestic legislation only Statutory paid holiday entitlement therefore equates to 28 days’ holiday per year for a worker working five days per week. Statutory holiday entitlement is capped
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Introduction This Practice Note provides an introduction to the Gambling Commission and explains how it regulates the gambling industry in the UK. Overview The Gambling Commission ('Commission') regulates all aspects of the gambling industry in the UK and was created by the Gambling Act 2005 (GA 2005) and secondary legislation. It has wide powers and responsibilities and regulates all forms of gambling except spread betting (which is regulated by the Financial Conduct Authority). In October 2013 the Commission merged with the National Lottery Commission widening its regulation to include that of the National Lottery. The Commission has its offices at Victoria Square, Birmingham, and a useful website. Nature and constitution The Commission is a non-departmental public body sponsored by the Department for Culture, Media and Sport. The Chairman and Commissioners are appointed by the Secretary of State. The Commission also currently has a chief executive. Commissioners have a personal responsibility to avoid conflicts and declare interests. At all times they must act in good
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explains the regulatory role of the Gambling Commission (the Commission) and the investigation and enforcement powers it has to ensure that the three licensing objectives are upheld. Gambling Commission investigations The Commission regulates the commercial gambling industry in Great Britain. Section 23 of the Gambling Act 2005 (GA 2005) requires the Commission to prepare a statement setting out the principles to be applied by it in exercising its functions under this Act. The Commission published a policy statement on Licensing, compliance and enforcement under the Gambling Act 2005 which sets out the Commission’s regulatory policies in relation to carrying out compliance activities. The policy is regularly updated and was updated on 12 September 2023. In carrying out its functions, the Commission is under a duty to pursue and have regard to the licensing objectives set out in GA 2005, s 1: • preventing gambling from being a source of
PRACTICE NOTES
Note that additional commentary on the issues discussed in this Practice Note in the context of the regulation, consenting and incentivisation of the net zero energy transition is available in the following textbook that we have published: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. This Practice Note provides an overview of the proposed Gas Shipper Obligation (GSO), a levy on licensed gas shippers in Great Britain (‘GB’). It explains what the GSO is and sets out its legal basis, territorial scope, who will administer it, how it will be calculated and charged, what credit support requirements it will entail, what exemptions might be available, and how it will interact with low carbon hydrogen production and blending. It also sets out the key policy developments shaping the design of the GSO and considers the practical implications for market participants. What is the GSO? The GSO is a proposed levy on licenced gas shippers (Gas Shippers), who are located in GB. In the future, the GSO may be extended to Northern Ireland
PRACTICE NOTES
This Practice Note provides practical guidance on the General Conditions of Entitlement (the General Conditions) published by Ofcom. The General Conditions comprise general regulatory rules made by Ofcom which govern the provision of electronic communications networks (ECNs) and electronic communications services (ECSs). Brexit The General Conditions are rules made by Ofcom which are derived from principles established by European directives (those principles being implemented into UK law largely via the Communications Act 2003 (CA 2003)). These rules remain aligned with the European directive which governs telecoms across the EU because that directive, ie Directive (EU) 2018/1972 (the European Electronic Communications Code), was transposed into UK law in December 2020 before IP completion day (which was 11.00 pm on 31 December 2020). The provisions which implemented the European Electronic Communications Code continue in force and operate as assimilated law (see Practice Note: Assimilated law). Save for certain minor changes which Ofcom introduced on IP completion day in order to align the General Conditions with legislation updated on that date, the General Conditions were not
Q&As
Legitimate interest The Data Protection Act 1998 (DPA 1998) defines direct marketing as the communication (by whatever means) of advertising or marketing material directed to particular individuals. This definition is replicated in the draft Data Protection Bill. The Information Commissioner’s Office (ICO) has further refined the concept of direct marketing in its direct marketing guidance as including the promotion of aims and ideals as well as the sale of products and services. This means the direct marketing rules are not restricted to commercial organisations—they also cover not-for-profit organisations, eg charities and political parties. Many direct marketing activities involve processing personal data. To
NEWS
Dispute Resolution analysis: Can a gambler cheat without being dishonest? Siward Atkins, of Maitland Chambers, explores the Supreme Court’s answer in Ivey v Genting Casinos and considers the importance of its abolition of the Ghosh test for dishonesty.
PRACTICE NOTES
The Gibbs rule provides that the discharge of a debt may only properly be determined by the governing law of the debt. Subject to the modifying effect of legal instruments in the area of cross-border insolvency, an English court may apply this common law rule to hold that a foreign restructuring, which purports to discharge an English law governed debt (or a debt governed by a law other than the law of the foreign restructuring), does not in fact do so in England. Consequently, the court may allow a dissenting creditor to enforce the debt in England. The nature and extent of the Gibbs rule will therefore be of interest to distressed debt investors and their advisers and this note sets out some of the important issues to be considered. The development of the Gibbs rule The Gibbs rule was identified and developed in a series of cases in the 19th century, beginning with Smith v Buchanan (1800) 1 East 6 (not reported by Lexis+® UK), where Lord Kenyon CJ stated: ‘[I]t is impossible to say that a contract