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Bank Recovery and Resolution Directive (BRRD)—timeline [Archived]

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...

Obtaining authorisations for communications data for local councils—checklist

Obtaining authorisations for communications data for local councils—checklist STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. This Checklist is in the process of being updated to reflect the changes. This Checklist summarises the requirements on local authorities seeking authorisations to use surveillance powers under Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Investigatory Powers Act 2016 (IPA 2016). It should be read in conjunction with Practice Note: RIPA 2000 requirements RIPA 2000 requirements are: • prior authorisation of directed surveillance • prohibit the council from carrying out intrusive surveillance • authorisation of the conduct and use of a covert...

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DPO appointment decision tree

DPO appointment decision tree Under Assimilated Regulation (EU) 2016/679, the General Data Protection Regulation (UK GDPR), certain organisations are required to appoint an individual to act as their data protection officer (DPO). The appointment can be internal, eg an employee of the organisation, or external, eg a consultant under a service contract. This DPO appointment decision tree will help you determine whether your organisation needs to appoint a DPO under the requirements of the UK GDPR. If your organisation has operations in jurisdictions outside the UK, you will also need to check whether local law or regulations require you to appoint a DPO in any of those jurisdictions. For more information on the role of the DPO, see Practice Note: Data protection officer or, for law firms, Practice Note: Data protection officer—law firms. For a checklist of issues to consider when appointing a DPO, see: Data protection officer (DPO) appointment—checklist. Whatever decision your organisation makes about appointing a DPO, guidelines on DPOs published by the Article 29 Data Protection Working...

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Liability of public authorities

What is a public authority?A public authority is some manifestation of the state that exercises a public function.The distinction between a private body and a public authority has become increasingly important since the introduction of the Human Rights Act 1998 (HRA 1998) because HRA 1998 prohibits public authorities from acting incompatibly with any convention right under the European Convention on Human Rights (ECHR). The test for determining whether a body is a public authority may be wider under HRA 1998 than it is for the purposes of judicial review.Bodies which are obviously public in nature are always likely to be public authorities. Examples include:•central government•police and emergency services•local authorities•local education authorities•housing authorities•the Ministry of Defence•NHS bodiesThere are also a number of other bodies that exercise some public functions that may qualify as public authorities. If such bodies are considered public authorities, this will generally only be in relation to their exercise of public functions.Determining whether an organisation is a public authorityThere is no single test for determining whether an organisation...

Personal service companies—the key benefits and key tax considerations

Personal service companies—the key benefits and key tax considerations A worker can provide services in a number of different ways. The most common arrangement is an employment relationship, which means that the employer has to operate PAYE on the amounts paid to the employee, comply with real time information (RTI) obligations, pay employer National Insurance contributions (NICs), and comply with numerous employment law requirements. The employee receives his earnings net of income tax and employee NICs. A significant minority work as self-employed individuals, either on their own or in partnership, supplying their services to clients. Such individuals are responsible for reporting and accounting for their own income tax and NICs liabilities. It is ultimately a question of fact in each case whether a worker is self-employed or not, see Practice Note: Establishing employment status. A further type of arrangement is for the worker to provide services through an intermediary, such as a personal service company (PSC) or a partnership. There may be a number of commercial and...

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Software development agreement

Software development agreement This Agreement is made on [insert date] (the Commencement Date) between the following: Parties 1 [insert supplier name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the Supplier); and 2 [insert customer name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is [insert Supplier’s background details and the background to the relevant transaction]. The Customer is [insert Customer’s background details]. (B) The Supplier wishes to develop certain Software (as defined below) and the Customer wishes to engage the Supplier to develop the same on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 Words shall have the meanings given to them...

Preferred supplier agreement (goods)—pro-customer

Preferred supplier agreement (goods)—pro-customer This Agreement is made on [date] Parties 1 [insert name of supplier] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of customer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier conducts the business of supplying [insert description] to other businesses. (B) The Customer conducts the business of [insert description]. (C) The parties have agreed that the Supplier shall supply goods to the Customer on the terms and conditions set out in this Agreement. (D) The parties contemplate that the Supplier shall supply the goods to the Customer in a series of supplies over time rather than a single supply. (E) The Supplier is a Preferred Supplier...

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If a worker who otherwise meets the eligibility conditions for statutory sick pay (SSP) is pinged or alerted by the National Health Service (NHS) coronavirus (COVID-19) app (and receives no other notification from the NHS Test and Trace), are they entitled to the SSP? If so, will the employer be able to recover the amount paid from the Coronavirus Statutory Sick Pay Rebate Scheme?

If a worker who otherwise meets the eligibility conditions for statutory sick pay (SSP) is pinged or alerted by the National Health Service (NHS) coronavirus (COVID-19) app (and receives no other notification from the NHS Test and Trace), are they entitled to the SSP? If so, will the employer be able to recover the amount paid from the Coronavirus Statutory Sick Pay Rebate Scheme? One of the temporary changes introduced by the government in response to the coronavirus (COVID-19) pandemic is that those who are required to self-isolate are potentially deemed incapable of working and therefore entitled to statutory sick pay (SSP). However, the answer to the question whether a worker is entitled to receive SSP if they self-isolate in response to an alert from the NHS COVID-19 app remains unclear, as explained below. According to the Public Health England (PHE): guidance for contacts of people with confirmed coronavirus (COVID-19) infection who do not live with the person, contacts who need to self-isolate will usually be notified and advised to...

If a public body (eg HMRC) fails to reach a decision within a reasonable timeframe where no specific deadline applies, could this be grounds for judicial review? At what point does the 'failure to act' occur?

If a public body (eg HMRC) fails to reach a decision within a reasonable timeframe where no specific deadline applies, could this be grounds for judicial review? At what point does the 'failure to act' occur? This Q&A considers whether grounds for judicial review could be established if a public body (such as HMRC) delays or fails to reach a decision within a reasonable timeframe where no specific deadline applies. Claims for Judicial review CPR 54.1 states that a 'claim for judicial review' means a claim to review the lawfulness of an enactment or a decision, action or failure to act in relation to the exercise of a public function. Judicial review is generally a remedy of last resort, where there is no alternative remedy (for authority in the context of Tax, see: R v Epping and Harlow General Commissioners ex parte Goldstraw). Permission to commence judicial review proceedings will not be granted if there is an adequate alternative remedy. In a Tax context, it may be beneficial...

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When is a private care provider exercising a public function for the purposes of section 6 Human Rights Act 1998? (Sammut v Next Steps Mental Healthcare Ltd)

Local Government analysis: A healthcare provider which failed to properly authorise deprivation of liberty for a patient in its care was therefore not exercising a ‘special statutory power’ and so was not exercising a public function for the purposes of section 6 of the Human Rights Act 1998 (HRA 1998). This was so despite the fact that the provider ‘appeared to believe that it had’ special statutory powers’, and that ‘a knowledgeable observer would know that the only lawful way to do what was being done was through the exercise of such a power’. In cases which fall outside the carefully circumscribed scope of section 73 of the Care Act 2014 (CA 2014), the principle in YL v Birmingham City continues to represent the present state of the law. Written by Siân McGibbon, barrister at Landmark Chambers.

Public Law weekly highlights—31 October 2024

This week's edition of Public Law weekly highlights features enhanced coverage of key announcements in the Autumn Budget 2024. It also includes selected Brexit headlines, including progress made by continuing UK-EU workstreams, as well as post-Brexit guidance and SIs. Case analysis this week covers the Supreme Court's ruling on the Inquiries Act 2005 and the High Court's ruling on the limitation periods in public procurement challenges. This edition further includes analysis on the government’s consultation on judicial pensions, plus details on the publication of the UK Supreme Court's annual report and accounts for 2023-2024 and additional guidance on the incoming Procurement Act 2023. Also included are additional updates on constitutional and administrative law, judicial review, public procurement, subsidy control and State aid, projects and infrastructure, and information law.