UUÂãÁÄÖ±²¥

View the related checklists about Index

Checklist for drafting a section 106 agreement

Checklist for drafting a section 106 agreement This Checklist sets out a short summary of the key statutory and practical points in drafting and negotiating planning obligations under section 106 of the Town and County Planning Act 1990 (TCPA 1990), commonly referred to as section 106 agreements. For further detailed information on: • the key statutory requirements for planning obligations, including formalities, parties, registration requirements, when planning obligations take effect and dispute resolution procedures, see Practice Note: Planning obligations—key points • how to draft a section 106 agreement, taking into account statutory requirements and practical efficiency, see Practice Note: Drafting section 106 agreements—practical advice for developers • how to renegotiate a section 106 agreement, see Practice Note: Renegotiating planning obligations/section 106 agreements Have the statutory requirements been fulfilled? If the statutory requirements in TCPA 1990, s 106 are not satisfied, the obligations in the agreement may not have the benefit of being a 'planning obligation', meaning that the local planning authority (LPA) may not be able to enforce the obligations...

Governing law and jurisdiction clauses in commercial contracts―checklist

Governing law and jurisdiction clauses in commercial contracts―checklist This Checklist of resources sets out some of the issues when considering governing law and jurisdiction in the context of commercial contracts. Governing law and jurisdiction clauses are categorised as boilerplate clauses in an agreement. For more information on boilerplate clauses, see: Boilerplate clauses—overview. For details about the role of boilerplate clauses and approaches to reviewing and drafting common boilerplate clauses, see Practice Note: The role of boilerplate. A governing law clause (also known as an applicable law clause) is used to allow the parties to specify the substantive law that will apply to the interpretation of an agreement and, in the event of a dispute, in relation to it. For an example of a governing law clause, see Precedent: Governing law clause. The applicable law clause in a contract will usually be set out alongside a jurisdiction clause. It is important to note that jurisdiction and governing law are separate issues.  A jurisdiction clause is necessary to allow the parties to...

View the related flowcharts about Index

Retained EU law—flowchart [Archived]

Retained EU law—flowchart [Archived] ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) in preparation for Brexit, creating a brand new category of domestic law. It is the collective term given to the body of EU-derived laws preserved and converted into domestic law under EU(W)A 2018 (as amended) at the end of the post-Brexit transition period (IP completion day). For background reading on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading the underlying legislation, see: • Practice Note: Brexit—key legislation explained • News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU law? Retained EU law is a complex and wide-ranging legal term, defined under EU(W)A 2018, as anything which continues to form part of domestic law on or after...

View the related practice notes about Index

The Universities Superannuation Scheme (USS)

The Universities Superannuation Scheme (USS) The Universities Superannuation Scheme (USS) is a private sector occupational pension scheme for higher education bodies. It provides benefits on a salary-related or defined benefit basis. It was established collectively by universities in the 1970s and is one of the largest private sector pension schemes in the UK. Legal framework The USS was originally established by a declaration of trust dated 2 December 1974, and is currently governed by a trust deed and rules dated 19 November 2015 (effective from 1 April 2016). The USS is subject to the requirements of pensions legislation that apply to any other private sector occupational pension scheme in the UK. Administration and governance Universities Superannuation Scheme Limited (the USS Trustee) is the sole USS trustee and is responsible for the management and administration of the USS. The USS Trustee board delegates responsibility for day-to-day scheme management to the Group Executive Committee, which is made up of nine individuals. The USS Trustee’s board of directors is...

Money Laundering Regulations 2017—CDD quick reference guide—individuals

Money Laundering Regulations 2017—CDD quick reference guide—individuals Client due diligence (CDD) is a central pillar of the anti-money laundering (AML) and counter-terrorist financing (CTF) regime. CDD requirements underpin the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. Counter-proliferation financing is the most recent addition to the long-established AML and CTF regime. Requirements in relation to counter-proliferation financing were introduced through amendments to the MLR 2017 and include in relation to systems and controls, risk assessment, etc. No specific counter-proliferation financing requirements were added in relation to CDD, and existing CDD provisions in the MLR 2017 were not amended to include mention of proliferation financing. As things stand, therefore, counter-proliferation financing is not covered in this Practice Note. For more information, see Practice Note: Counter-proliferation financing—CPF—the basics. Where the MLR 2017 apply (see Practice Notes: Money Laundering Regulations 2017—scope and application—law firms), conducting CDD is an absolute requirement. It is not in itself subject to the risk-based approach....

View the related precedents about Index

Warranty limitations—pro-seller—share purchase agreement

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Claim means a claim by the Buyer for any breach of the provisions of this Agreement (including a claim for breach of the Warranties); Data Room means the data room relating to the [Company OR Group] comprising all contracts, agreements, licences, documents and other information made available to the Buyer and its advisers, as listed in the Data Room index attached to the Disclosure Letter; The ScheduleLimitations on the Warranties ...

Property due diligence report—share or asset purchase

Property due diligence report—share or asset purchase A. Executive summary 1 Scope of review For the purposes of this report we have reviewed the following properties [insert details of the properties], (the ‘Properties’). 2 Basis of the review 2.1 Information relating to the Properties for the purposes of conducting our due diligence exercise and preparing our report has been sourced from the following: 2.1.1 documents provided in the due diligence [data room OR files] as set out in the index in Schedule...

View the related q&as about Index

How is it possible to ascertain the going rate for jobs in SOC code 6141, in relation to a skilled worker application, where the employer is a non-NHS employer? How could the Home Office take action against a sponsor employer if it erred in this context?

How is it possible to ascertain the going rate for jobs in SOC code 6141, in relation to a skilled worker application, where the employer is a non-NHS employer? How could the Home Office take action against a sponsor employer if it erred in this context? As confirmed in the Practice Note: Sponsoring a Skilled Worker, under Immigration Rules, Appendix Skilled Worker, para SW 13.2 (Eligible health and education occupation codes; Option F), a person whose role falls into Table 2 of Appendix Skilled Occupations will be eligible for sponsorship under the Skilled Worker route where they will be paid a salary which equals or exceeds both £20,480 per year and the going rate for the occupation code (providing they are otherwise eligible). Table 2 of Immigration Rules, Appendix Skilled Occupations provides going rates for eligible health and education occupation codes where rates are based on national pay scales. SOC code 6141 (Nursing auxiliaries and assistants) contains the following example job roles: • auxiliary nurse • health care assistant (hospital...

Which price index is most appropriate for use as a reference point in a price review clause for a manufacturing agreement? Are the Services Producer Price Index or Producer Price Indices appropriate? Are there any ways of linking price review clauses to accurately reflect changes in the price of raw materials and/or manufacturing costs?

Which price index is most appropriate for use as a reference point in a price review clause for a manufacturing agreement? Are the Services Producer Price Index or Producer Price Indices appropriate? Are there any ways of linking price review clauses to accurately reflect changes in the price of raw materials and/or manufacturing costs? A price variation clause is often included in a contract where the parties wish to cover inflation risk in respect of a price contained within the contract. Such clauses typically reference the price index to which any variation in price for the goods and service provided under the contract should be calculated (and an applicable date or period against which the index is applied to the base price). See Precedent and accompanying Drafting Notes: Price variation clauses. It is a matter of commercial negotiation which index is applied to a price variation clause, and it is advisable to seek the instructions of any client stakeholders who have a commercial interest in the...

View the related News about Index

Environment weekly highlights—17 October 2024

This week's edition of Environment weekly highlights includes: news analysis on South Lakeland Action on Climate Change—Towards Transition v Secretary of State for Levelling Up, Housing and Communities, in which permission for a proposed ‘net zero’ coal mine was quashed. Friends of the Earth has also confirmed this week that West Cumbria Mining have missed the deadline to appeal the decision. In addition, this week Dan Corry, has been appointed to conduct an internal review of the regulation and regulators within the Department for Environment, Food and Rural Affairs (Defra), the Department for Business and Trade (DBT) has launched a consultation on the development of a new Industrial Strategy, the UN Climate Change (UNCC) has announced the publication of two key standards to operationalise a new UN crediting mechanism ahead of COP29. Further, the Office for Environmental Protection (OEP) has published a report on the drivers and pressures affecting nature in Northern Ireland. DESNZ has published the response to its consultation on the climate change agreement scheme and Defra has...

Financial Services weekly highlights—17 October 2024

This week's edition of Financial Services weekly highlights includes: PRA consults on restatement of assimilated law under UK CRR; FCA warns of rise in market abuse through regulated firms; BCBS publishes G20 progress report on 2023 banking turmoil and liquidity risk; plus dates for your diary over the coming week.