Corporate Crime analysis: The Investigatory Powers Act 2016 and the draft Investigatory Powers (Interception by Businesses etc for Monitoring and Record-keeping Purposes) Regulations 2018 will enable the lawful interception of communications data by businesses and other bodies for the purposes of monitoring and record-keeping. Carolina Bracken, barrister at 5 Paper Buildings Chambers, examines the requirements under legislation authorising businesses to intercept communications data.

This Practice Note provides information about the learning and development (L&D) team. It covers the L&D department, L&D roles and line manager responsibilities for L&D. The L&D department The activities required of the L&D department are the same irrespective of the size of firm, but the volume of work and who is responsible for the various functions differs. A larger firm is likely to have a dedicated L&D department whose sole function is to design, deliver and evaluate learning within the firm. The L&D department will usually report directly to the head of HR, but may also have a reporting line to the senior training partner. Within a medium-sized firm it is likely that the HR manager will have a remit that covers L&D in addition to their HR responsibilities. Mid to small-sized firms are less likely to have a dedicated L&D department. In small firms, it is possible that no dedicated in-house L&D or HR support exists. Instead, a senior partner is nominated as the training partner and they will be responsible

Compliance with break conditions The first point to note is that tenant must comply strictly with any requirements set down in the lease for the exercise of the break clause. In United Scientific Holdings Ltd v Burnley Borough Council the House of Lords made clear that in both the context of a break clause and a rent review provision, a landlord could insist upon strict compliance

The quickest, way to vary the leases would be for the parties to enter into a deed/s of variation. You may find our Lexis+® UK Property Precedent: Deed of variation helpful. Alternatively, section 37(3) of the Landlord and Tenant Act 1987 (LTA 1987) provides that an application may be made where the 'object to be achieved by the variation cannot be satisfactorily achieved unless all the leases are varied to the same effect'. Given that the leases will all need to contain similar provisions and covenants by the tenants, such an application

FORTHCOMING DEVELOPMENT: Section 10 of the Finance Act 2022 will increase the normal minimum pension age (NMPA) from 55 to 57 on 6 April 2028 (save for members of the firefighters, police and armed forces public service pension schemes). The Finance Act 2022 will also give members of registered pension schemes a right to take their benefits before age 57, if on or before 4 November 2021 they either had an ‘unqualified right’ to take benefits or were in the process of a substantive transfer to a scheme offering an unqualified right to a protected pension age of less than 57 on or before 4 November 2021. To benefit from this new 2028 protection, the rules of the pension scheme must have included (on 11 February 2021) an unqualified right to take the entitlement to scheme benefits before age 57. For further information, see Practice Note: Increasing the normal minimum pension age (NMPA) to 57—pensions impact. This Practice Note relates to LGPS benefits accrued up to 31 March 2014, subject

This Practice Note covers the National Health Service Pension Scheme (NHSPS) as it stood before the changes made on 1 April 2015 to that scheme. What is the National Health Service Pension Scheme? The NHSPS is an unfunded, public service occupational pension scheme that provides retirement benefits to persons employed as health service workers on a salary-related or defined benefit (DB) basis. Since 1 April 2015, there are two separate NHSPS schemes: • the reformed NHSPS (sometimes referred to in NHS literature as the ‘2015 Scheme’), which was established under the Public Service Pensions Act 2013 (PSPA 2013) on 1 April 2015 as a new career average revalued earnings (CARE) scheme. New joiners have become members of this scheme since 1 April 2015. For further information, see Practice Note: The reformed National Health Service Pension Scheme • the legacy NHSPS (sometimes referred to in NHS literature as the ‘1995/2008 Scheme’). The scheme is composed of two separate final salary sections, the 1995 Section and the 2008 Section,

What is the PCSPS? Up to 30 September 2002, the Principal Civil Service Pension Scheme (PCSPS) was the sole pension arrangement available in the civil service. Since 1 October 2002, four separate sections have been created within the PCSPS, namely Classic (also known as the 1972 Section), Classic Plus (a hybrid between Classic and Premium), Premium (also known as the 2002 Section) and Nuvos (also known as the 2007 Section). The first three sections are effectively final salary sections, while the fourth (Nuvos) is a career-average section. For further information on the creation of each of these sections, see: The legacy Principal Civil Service Pension Scheme (PCSPS), below. Subsequently, on 1 April 2015, a new scheme was created, the Civil Service Pension scheme (CSP) alpha, which aimed to provide benefits on a career average basis. When alpha was introduced, the government took steps to close the PCSPS to future accrual, subject to: • the retention of a final salary link in the PCSPS for active members (whereby benefits built in the PCSPS

What is the Teachers’ Pension Scheme? The Teachers’ Pension Scheme (TPS) is a statutory, public service pension scheme for members of the teaching profession in England and Wales. Since 1 April 2015, there are two separate TPS schemes: • the reformed TPS (sometimes referred to in TPS literature as the ‘2015 Scheme’), which was established under the Public Service Pensions Act 2013 (PSPA 2013) on 1 April 2015 as a career average revalued earnings (CARE) scheme for members who join on or after 1 April 2015. For further information, see Practice Note: The reformed Teachers' Pension Scheme • the legacy TPS, which was established by the Superannuation Act 1972 (SA 1972) as a final salary scheme for members who joined before 1 April 2015. This scheme is the subject of this Practice Note Note that there are separate schemes in Scotland and Northern Ireland which are not covered by this Practice Note. When the reformed TPS opened, the government took steps to close the legacy TPS to future accrual, subject to: • the

Family analysis: In P v Q and Others, where a female same-sex married couple had entered into an agreement with a man as to sperm donation, there was uncertainty as to whether the child was conceived via natural or artificial insemination and consequently as to the child’s parentage. Natalie Sutherland, partner at Burgess Mee, looks at the circumstances and implications of the decision.

Margin squeeze is a stand-alone exclusionary abuse. It arises where a vertically-integrated undertaking dominant in an upstream input market supplies that input to downstream firms with which it competes and sets upstream and downstream prices that prevent a hypothetical equally efficient downstream competitor from operating profitably on a lasting basis. The input need not be indispensable and the undertaking need not be dominant downstream. In effect, the dominant undertaking ‘squeezes’ the downstream competitors’ margins (ie the gap between the cost of its required inputs and the price it can achieve on the downstream market) by charging a high wholesale price, a low retail price, or a combination of both. The resulting ‘spread’ between the price at which the dominant undertaking sells the good/service on the retail market and the price at which it sells the upstream input to its rivals, is insufficient to allow an efficient retail rival to compete effectively. This reduction in effective downstream competition can lead to higher prices, decreased quality, or a lack of product/service innovation. The focus of concern when

Public Law analysis: This appeal addresses a question of constitutional importance: namely, whether the government (or, indeed, anyone else) can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The Supreme Court unanimously holds, for reasons given by Lord Reed, that the Secretary of State acted unlawfully by acting in a manner inconsistent with an order made by a First-tier Tribunal judge. It rejects the argument that the order was void of effect. The court explains that where an order is legally defective nonetheless the rule of law requires that it must be obeyed unless and until it has been set aside or varied (or, conceivably, overruled by legislation). That rule applies whether or not the order is valid or invalid, regular or irregular. The court also offers analysis of the legal effect and consequence of an unlawful administrative act or decision, as distinct from a court order. Written by Philip Rule, barrister at No 5 Chambers.

Public procurement refers to the process by which public authorities, such as government departments or local authorities, purchase works (such as construction), goods or services from private companies. Every year, over 250,000 public authorities in the EU spend around 14% of GDP (around €2 trillion per year) on the purchase of services, works and supplies. The EU public procurement Directives At EU level, several institutions are involved in public procurement legislation and enforcement. The European Commission is responsible for drawing up legislative proposals, implementing the decisions of the European Parliament and the Council of the European Union, and enforcing the public procurement Directives. The Court of Justice of the European Union (CJEU) reviews whether Member States fulfil their obligations under the Treaty of the Functioning of the European Union (TFEU) and EU law. The Council of the EU and the European Parliament are jointly responsible for