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PRACTICE NOTES
What is offshore wind energy generation? Offshore wind energy generation involves capturing moving air through the use of turbines positioned in bodies of water, typically out at sea. Offshore wind turbines are made up of rotating blades connected to a rotor and generator, which are mounted on fixed or floating platforms and anchored to the seabed. When the wind blows, it spins the rotor, causing the generator to convert mechanical energy into electricity. This electricity is then transmitted to the electrical grid through underwater cables for consumption by end-users. While offshore and onshore wind farms share numerous commonalities, a key distinction lies in how consistently they are able to generate energy. Wind energy generation is most heavily impacted by wind forces, which can vary drastically. As wind forces are less obstructed, therefore stronger and more consistent out at sea, offshore wind turbines are designed to accommodate this advantage—having significantly larger capacity, typically 8–12 megawatts (MW) in contrast to their onshore equivalents,
PRACTICE NOTES
What is onshore wind energy generation? Onshore wind energy is generated through the installation of wind turbines on land to capture the power of moving air and convert it into electricity. Wind passing over the turbine blades causes the rotor to turn. The rotational energy is transferred to a generator, converting kinetic energy into electrical energy. Wind turbines consist of five main parts, namely: the rotor blades, the rotor hub, the generator (housed within the nacelle), the tower, and the foundation. Other key elements of onshore wind installations include cabling (usually buried underground but can be overhead cabling), one or more substations and transformers to connect the development to the national grid and an access road or track allowing access to the site for construction, decommissioning, and maintenance vehicles. In some cases, a battery energy storage facility is co-located. During the construction phase a construction compound is likely. Onshore wind is a renewable and low-carbon energy source as no fossil fuels are consumed in the production of the electricity which
PRACTICE NOTES
Scope of this Practice Note This Practice Note outlines the different categories of radioactive waste and addresses the question of disposal in relation to the EU-defined waste hierarchy. Current approaches to radioactive waste are placed in the context of the history of the nuclear industry viewed from a planning perspective. Key policy documents are discussed to trace the evolution of government thinking. Geological disposal of Higher Activity Waste (HAW) under the Planning Act 2008 (PA 2008) regime is contrasted with other possible disposal options under the Town and Country Planning Act 1990 (TCPA 1990) and the Planning (Wales) Act 2015. Consultation requirements, application procedures and consents are identified under both regimes. Key planning appeals and judicial review cases are noted before considering international approaches to radioactive waste. What is radioactive waste? Radioactive waste in the UK arises (and will arise) from past, existing and future programmes for power generation from nuclear fission, the reprocessing of nuclear fuel, the development of nuclear weapons, the nuclear submarine fleet and waste from radioactive
PRACTICE NOTES
What is solar energy generation? Solar energy generation involves the conversion of sunlight into electricity through the use of solar panels, which are made up of photovoltaic cells. When sunlight hits these cells, it creates an electric field that generates a flow of electricity. Solar panels are typically installed on rooftops or on the ground in areas that receive high levels of sunlight. The electricity generated by the panels can be used immediately or stored in batteries for later use. Other key solar generation installations include cabling (usually buried underground), a substation to connect the development to the national grid and an access road or track allowing access to the site for construction, decommissioning and maintenance vehicles. Solar energy is a renewable and sustainable source of energy that has gained popularity due to its potential to reduce reliance on non-renewable energy sources, reduce carbon emissions, and lower energy costs over time. For further practical guidance on solar projects, including insights from
PRACTICE NOTES
On 22 October 2020, the Home Office issued a substantial Statement of Changes in Immigration Rules HC 813 (‘Statement of Changes HC 813’), along with an Explanatory Memorandum. The Statement implemented many categories of what the Home Office called the ‘Future Points-Based Immigration System’. Most changes came into effect on 1 December 2020. The Statement of Changes HC 813 was the first main stage in the Home Office’s plans to simplify the Immigration rules, where most immigration routes were amended/added in a new consolidated style, in line with some of the Law Commission’s recommendations. The Home Office in its Explanatory Memorandum stated that: ‘Where a route is being simplified, it is added to the rules as an Appendix. This avoids the need for complex cross-references where possible. This is a transitional measure and when the Immigration Rules are fully consolidated and simplified, the routes will be in the body of the rules as separate Parts.’ This Practice Note provides a high-level summary of the points-based system in place from 1 December 2020
Q&As
The use of video-conferencing technology has become essential for lawyers since the coronavirus (COVID-19) pandemic. If your client wishes you to attend rather than provide advice over the telephone when required, you will be better prepared if you have taken the advance steps set out in this Q&A. You should encourage existing clients to download video-conferencing facilities onto their smartphones now, before any issues arise. They should try and keep their phone battery well-charged, particularly overnight. Clients may need your advice urgently and you may need to see documents quickly in order to provide that advice. Offer your clients a ‘test call’ using this video-conferencing technology to ensure that, if they ever need to use it, they are familiar with the procedure for getting in contact with you. If you are required to advise a client during a search, the best advice is to use this technology to be ‘present’
Q&As
If the parties to a private residential tenancy (PRT) did agree a fixed term duration: • would this affect the ability of either party to terminate the PRT (using the notice procedures set out in Part 5 of the Private Housing (Tenancies) (Scotland) Act 2016 (PH(T)(S)A 2016)) before the expiry of the term, and • if one party terminated the PRT before the expiry of the fixed term, would the other party have any remedies for breach of contract? PRTs—termination requirements PRTs were introduced by PH(T)(S)A 2016. Any new tenancy starting on or after 1 December 2017 will be a PRT, provided the property is let to a tenant as a separate dwelling; the tenant lives in it as
Q&As
The MOJ’s portal exists to facilitate the pre-action process set out in the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol), a highly prescriptive set of procedures designed for clarity, speed and cost effectiveness in managing low value claim. Paragraph [5.1] of the RTA Protocol provides that ‘where the Protocol requires information to be sent to a party it must be sent via Claimsportal (or any other portal address that may be prescribed from time to time)’. Paras [7.1]–[7.9] of the RTA Protocol deal with expert reports. The RTA Protocol
NEWS
TMT analysis: Ashley Hurst and Neil O’Sullivan of Osborne Clarke LLP consider the practical effect of reg 3(2) of the Electric Commerce (EC Directive) Regulations 2002 (the E-Commerce Regulations 2002), SI 2002/2013, on the future application of the online intermediary liability defences and the extent to which those defences and the prohibition on general monitoring obligations under Directive 200/31/EC (the EU E-Commerce Directive) may form part of retained EU law under section 4 of the European (Withdrawal) Act 2018 (EU(W)A 2018). Hurst and O’Sullivan go on to consider the UK’s position under the Online Safety Act 2023 (OSA 2023) with regard to the defences and the prohibition and the likely impact of the UK’s approach on future digital trade.
PRACTICE NOTES
This Practice Note was last updated on 16 March 2021. It provides a high-level summary of the post-Brexit immigration system, and the changes to the rules governing entry to the UK which took effect for non-EEA citizens from 1 December 2020, and for EEA citizens who were not covered by the EU Settlement Scheme, from 1 January 2021. This includes details of key policy developments and announcements in advance of, and immediately succeeding, IP completion date. It has been archived and is no longer being updated. On 19 February 2020, the government announced details of the ‘new’ post-Brexit UK immigration system, with significant changes to the rules governing entry to the UK due to take effect from 1 January 2021. Further details were announced on 13 July 2020. On 22 October 2020, the Home Office issued a substantial Statement of Changes in Immigration Rules HC 813 (‘Statement of Changes HC 813’), along with an Explanatory Memorandum. The Statement implements many categories of the post-Brexit immigration system (termed the ‘Future Points-Based
PRACTICE NOTES
The UK's ring-fencing regime, first introduced by the Financial Services (Banking Reform) Act 2013 (FS(BR)A 2013), has undergone significant reform with the coming into force of the Financial Services and Markets Act 2000 (Ring-fenced Bodies, Core Activities, Excluded Activities and Prohibitions) (Amendment) Order 2025, SI 2025/30 (the 2025 reforms). This Practice Note provides an overview of the background to the 2025 reforms, summarises the key changes introduced, and highlights the practical and compliance issues that ring-fenced banks and their groups may encounter. Background to the 2025 reforms The ring-fencing regime was introduced in 2013 as part of a package of reforms to the UK banking sector in response to the 2008–2009 global financial crisis. The regime fully came into force in 2019 and it required the largest UK banks to separate core retail banking activities from their wholesale and investment banking activities. The policy objective was to shield the critical banking services on which households and SMEs depend from the contagion
NEWS
Local Government analysis: What are the growing trends and issues for councils seeking to outsource high-profile services? Martin Carroll, partner in the Bevan Brittan LLP Communities and Local Government Group, discusses outsourcing following a recent claim for judicial review of a council’s decision to outsource.