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The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, SI 2014/2936 came into force on 1 April 2015. SI 2014/2936, Pt 2 sets out the activities regulated by the CQC and SI 2014/2936, Pt 3 sets out the fundamental standards that must be met. SI 2014/2936, reg 21 requires all registered providers to have regard to the guidance published by the CQC as required by
PRACTICE NOTES
The Product Security and Telecommunications Infrastructure Act 2022 (PSTIA 2022) is a law of two parts having been developed over a number of years, primarily from the government’s 2018 Code of Practice for consumer internet of things security (the Code) and the Electronic Communications Code (see below). It was put forward with two stated policy objectives: to improve digital connectivity to help drive UK economic growth by removing blockers on the deployment of key infrastructure; and to make consumer connectable or Internet of Things (IoT) products more secure. This Practice Note primarily considers PSTIA 2022, Pt 1 (PSTIA 2022, ss 1–56), which deals with product safety and IoT security. PSTIA 2022, Pt 2 concerns telecommunications infrastructure, and is considered only briefly by this Practice Note in order to place the legislation in context. PSTIA 2022 applies to ‘relevant connectable products’ (see below) and these may also be known as IoT products or devices. The term IoT
NEWS
Banking & Finance analysis: The law in England has historically only recognised personal property rights as encompassing ‘things in possession’ and ‘things in action’. With the advent of the digital world, the question has arisen as to how to categorise digital and electronic assets. In the context of commercial finance transactions, although there is more certainty around the recognition of the proprietary nature of digital assets, there will be caution in the short-term as to the true impact of the use of such personal property, for example by its use as security for financial arrangements. Pepin Aslett is a barrister and Head of the Business and Property Group at St John’s Buildings. His practice has involved issues of proprietary rights in digital assets, including in relation to the granting of freezing injunctions.
NEWS
Private Client analysis: The widely anticipated Property (Digital Assets etc) Act 2025 (‘the Digital Assets Act 2025’) received Royal Assent on 2 December 2025 which has, at least in England, Wales and Northern Ireland, cleared the pathway for the potential treatment of digital assets and technologies such as crypto-currencies as objects of personal property rights. The word potential is used above because the question of whether or not certain digital assets and technologies ought to be treated as objects of personal property rights is to be left to the courts. In the context of an ever-changing technological landscape, an incremental development of the common law in this respect is the safe and correct option as explained further below. Written by Raghav Trivedi, a barrister from St Philips Chambers in Birmingham
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. On 20 July 2017, the Prospectus Regulation (EU) 2017/1129 (Prospectus Regulation) came into force in the EU. It became fully applicable in EU member states (which at the time included the UK) on 21 July 2019 (although some specific provisions relating to exemptions from the requirement to publish a prospectus have applied from July 2017 and July 2018). The Prospectus Directive was fully repealed on 21 July 2019. For more information on the Prospectus Regulation, see Practice Notes: Prospectus requirements (UK Prospectus Regulation)—fundamentalsThe UK Prospectus Regulation—essentials [Archived] and Prospectus Regulation and Prospectus Directive comparison and analysis. This Practice Note has been retained for reference purposes and states the law as at 19 July 2017 prior to the Prospectus Regulation coming into effect and prior to the UK’s withdrawal from the EU. This Practice Note provides a brief overview of the Prospectus Directive (now repealed), its history, content and implementation in the UK. History
PRACTICE NOTES
STOP PRESS: On 21 July 2019, the Prospectus Regulation 2017/1129 became fully applicable in EU member states and the Prospectus Directive was repealed. The Prospectus Regulation now regulates when a prospectus is required to be published in respect of an offer of securities to the public in the UK or the admission of securities to trading on a regulated market in the UK. The FCA has aligned the FCA Handbook with the provisions of the Prospectus Regulation by deleting the Prospectus Rules in their entirety and replacing them with the Prospectus Regulation Rules sourcebook. For more information see Practice Note: The UK Prospectus Regulation—essentials [Archived] and The UK Prospectus Regulation—is a prospectus required? [Archived]. ARCHIVED: This archived Practice Note is not maintained and is for background information only. For more information, see Practice Note: The UK Prospectus Regulation—essentials [Archived]. This Practice Note sets out the financial information disclosure requirements for a prospectus in connection with an offer of securities to the public or admission of securities to trading on a regulated market
PRACTICE NOTES
STOP PRESS: On 21 July 2019, the Prospectus Regulation 2017/1129 became fully applicable in EU member states and the Prospectus Directive was repealed. The Prospectus Regulation now regulates when a prospectus is required to be published in respect of an offer of securities to the public in the UK or the admission of securities to trading on a regulated market in the UK. The FCA has aligned the FCA Handbook with the provisions of the Prospectus Regulation by deleting the Prospectus Rules in their entirety and replacing them with the Prospectus Regulation Rules sourcebook. For more information see Practice Note: The UK Prospectus Regulation—essentials [Archived] and The UK Prospectus Regulation—is a prospectus required? [Archived]. ARCHIVED: This archived Practice Note is not maintained and is for background information only. For more information, see Practice Note: The UK Prospectus Regulation—essentials [Archived]. This Practice Note sets out the general information disclosure requirements for a prospectus in connection with an offer of securities to the public or admission of securities to trading on a regulated market
PRACTICE NOTES
STOP PRESS: On 21 July 2019, the Prospectus Regulation 2017/1129 became fully applicable in EU member states and the Prospectus Directive was repealed. The Prospectus Regulation now regulates when a prospectus is required to be published in respect of an offer of securities to the public in the UK or the admission of securities to trading on a regulated market in the UK. The FCA has aligned the FCA Handbook with the provisions of the Prospectus Regulation by deleting the Prospectus Rules in their entirety and replacing them with the Prospectus Regulation Rules sourcebook. For more information see Practice Note: The UK Prospectus Regulation—essentials [Archived] and The UK Prospectus Regulation—is a prospectus required? [Archived]. ARCHIVED: This archived Practice Note is not maintained and is for background information only. For more information, see Practice Note: The UK Prospectus Regulation—essentials [Archived]. This Practice Note assesses when a prospectus is required to be published in respect of an offer of securities to the public in the UK or the admission of securities to
PRACTICE NOTES
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This has an impact on this Practice Note. For guidance, see Practice Note: Brexit—impact on finance transactions [Archived]—Brexit planning and impact—key issues for debt capital markets transactions. ARCHIVED: This archived Practice Note is not maintained and is for background information
PRACTICE NOTES
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This has an impact on this Practice Note. For guidance, see Practice Note: Brexit—impact on finance transactions [Archived]—Brexit planning and impact—key issues for debt capital markets transactions. ARCHIVED: This archived Practice Note is not maintained and is for background information only. For more information, see
PRACTICE NOTES
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This has an impact on this Practice Note. For guidance, see Practice Note: Brexit—impact on finance transactions [Archived]—Brexit planning and impact—key issues for debt capital markets transactions. ARCHIVED: This archived Practice Note is not maintained and is for background information only. For more information,
PRACTICE NOTES
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This has an impact on this Practice Note. For guidance, see Practice Note: Brexit—impact on finance transactions [Archived]—Brexit planning and impact—key issues for debt capital markets transactions. ARCHIVED: This archived Practice Note is not maintained and is for background information only. For more information,