This Q&A covers issues for an individual or company to consider when reviewing registered and unregistered UK and Community designs. There are two options for achieving registered design protection under English law: • a registered UK design, or • a registered Community design It is also possible to obtain protection for designs based on unregistered UK design right or an unregistered Community design. For further information, see Practice Notes: UK registered and unregistered designs and EU designs. Scope of territory Design rights are territorial

This Q&A outlines some key considerations for a public body drafting grant funding agreements. Circumstances will vary from one project to another and this Q&A is not intended to be an exhaustive list of all the matters to be addressed when preparing grant funding agreement. Although there is no single government grant funding template, several government funding streams use fixed terms which are available on government websites. For example, the Department for Education, the Department for Levelling Up, Housing and Communities and NHS England, which all publish grant funding terms on their websites. Key considerations for public bodies preparing grant funding agreements are set out below. Grant agreement or services contract? It is important to be clear as to whether the contract will truly be a grant funding agreement or a services contract as this will have implications for VAT treatment and obligations under public procurement rules. General

What are directly applicable EU laws? During the UK’s membership of the EU, EU legislation did not form part of the UK legal system in the same way as domestic legislation. It was given legal effect in the UK via section 2(1) of the European Communities Act 1972 (ECA 1972), which described that such legislation should have effect ‘in accordance with the EU Treaties’. This ensured that, for example, EU regulations and decisions were directly applicable and fully binding in the UK. Unlike EU directives, which were only binding as to effect and required implementation into UK law, EU regulations and decisions were directly applicable in UK law and binding on the date they came into force. In accordance with section 1 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018), ECA 1972 was repealed at the point of the UK’s exit from the EU at 11 pm on 31 January 2020, (subject to certain

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime [Archived]. Contracts and appointed representatives Chapter 12 of the Financial Conduct Authority (FCA)'s Supervision Manual (SUP 12) and the Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001, SI 2001/1217 (Appointed Representatives Regulations) contain specific provisions on the contractual requirements which a firm (referred to as a principal) should adhere to when entering into contractual arrangements with an appointed representative (AR), introducer appointed representative, tied agent or EEA tied agent. Steps The following steps will assist in the process of assessing and appointing the services of an appointed representative and in the

In answering this Q&A, we have assumed for the purposes of this response that you are referring to a business operating in England & Wales. Further considerations will apply if there is any international aspect to the proposed business. We have not considered issues concerning the contract between the consumer car owner and the consumer car purchaser. We have not considered specific industry and sector regulation affecting the motor trade industry. This Q&A considers (1) agency and (2) online

Financial thresholds in the Public Contracts Regulations 2015 (PCR 2015) The PCR 2015, SI 2015/102, apply to procurements where the estimated value of the proposed tender (including VAT) is greater than the prescribed financial thresholds. The prescribed thresholds are set out in PCR 2015, SI 2015/102, reg 5. The provision governing how the value of a procurement is to be estimated is PCR 2015, SI 2015/102, reg 6. The precise means for valuing a tender varies according to the type of contract involved. There are, however, some common principles which apply generally. General principles PCR 2015, SI 2015/102, reg 6(1) states that the calculation of estimated

Despite the persisting belief, there is no legal concept of a ‘common law’ husband or wife. Therefore, unmarried parties who may occupy a property for decades with their partner may find, at the end of the relationship, that they have no interest in that property. Unlike the provisions of the Matrimonial Causes Act 1973 (MCA 1973), the courts have no power to award one party to a (unmarried) relationship a share in property or assets belonging to another. Parties can therefore find themselves without a share. In such circumstances, there are limited statutory provisions to fall back upon. Where there are children, there is potential for a claim under schedule 1 to the Children Act 1989. Otherwise, the most common claim will be under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA

While there are similarities between transaction defrauding creditor claims under section 423 of the Insolvency Act 1986 (IA 1986) and a transaction at an undervalue (TUV) under IA 1986, s 238, these are the key differences: • recovery under IA 1986, s 423 does not necessarily involve formal insolvency proceedings • the

The deprivation of liberty safeguards are part of the Mental Capacity Act 2005. They aim to ensure that adults who lack capacity to consent to being accommodated in a hospital or care home for the purpose of being given care and treatment are only deprived of liberty if it is considered to be in their best interests. In simple terms, the deprivation of liberty safeguards do this by establishing an administrative process for authorising a deprivation of liberty (in most cases a local authority will be the authorising body following a series of six assessments) and a means to challenge any such deprivation (via the Court of Protection). The deprivation

Section 42 of the Landlord and Tenant Act 1954 (LTA 1954) applies to group companies in respect of tenancies that are subject to the provisions of LTA 1954, Pt II and provides that two bodies corporate are taken to be members of a group if one is a subsidiary of the other or both are subsidiaries of a third body corporate, or the same person has a controlling interest in both bodies corporate. LTA 1954, s 46(2) provides that in respect of LTA 1954, Pt II: ‘…a person has a controlling interest in a company, if, had they been a company, the other company would have been its subsidiary; and… “company” has the meaning given by section 1(1) of the Companies Act 2006; and “subsidiary” has the meaning given by

What are the key elements of UK commodity derivatives regulation? The UK’s commodity derivatives regulatory framework is primarily derived from the recast Markets in Financial Instruments Directive 2014/65/EU (MiFID II). The key elements are: • position limits • position management controls, and • position reporting Position limits A position limit is the maximum size of a net position held by a person in any commodity derivative traded on a UK trading venue and in economically equivalent over-the-counter (EEOTC) contracts. The Financial Conduct Authority (FCA) establishes and applies position limits in accordance with the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017, SI 2017/701 (MIFI Regulations). The relevant provisions of the MIFI Regulations are listed in MAR 10.2.1 G in the FCA handbook. Non-financial entities may apply to the FCA for a position limits exemption for one or more contracts. To do this, that entity would need to demonstrate its position in a particular commodity derivative is directly risk-reducing in relation to its commercial activity. For detailed

What is the UK oversight regime for CTPs? The UK oversight regime for critical third-party service providers (CTPs) is designed to mitigate the risks these entities pose to the financial sector. The Financial Services and Markets Act 2023 (FSMA 2023) established a statutory framework for managing systemic risks posed by CTPs. The Regulators’ approach to the oversight of critical third parties (The Bank of England, the Prudential Regulation Authority and the Financial Conduct Authority), published by the Bank of England (BoE), the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) on 12 November 2024, sets out the rules which bring CTPs within the regulators’ remit. The rules apply from 1 January 2025. What is a CTP? A CTP is an entity that has been designated by HM Treasury (HMT) in accordance with FSMA 2000, s 312L. HMT may only designate an entity if, in its opinion, a failure in or disruption to the provision of the services that the third party