Squire Patton Boggs
22 Experts
5 Contributions by Squire Patton Boggs
PRACTICE NOTES
Cryptoassets—the basics
At its most basic, cryptoassets are a type of digital currency that uses cryptography to validate transactions conducted in that currency. Functioning without a central authority, they provide near-instant, pseudonymous transfers, operating outside the conventional banking system.
For further reading on the formation of cryptoassets, see:
Fintech—overview
Cryptoassets—overview
Practice Note: Web 3.0, digital assets and cryptoassets—essentials
Insolvency and restructuring in the context of cryptoassets
This Practice Note examines issues an insolvency professional (including an insolvency practitioner (IP)) may encounter when appointed to handle a cryptoasset-related insolvency. It does not address the position of cryptoassets within personal bankruptcy.
Although it is broadly accepted that legal and regulatory scrutiny of cryptoassets lags behind, legislators and regulators—alert to their rapid expansion and market capitalisation—are swiftly strengthening existing frameworks or crafting new regimes.
For further information, see Practice Notes:
UK regulation of
Restructuring & Insolvency
PRACTICE NOTES
THIS PRACTICE NOTE APPLIES ONLY TO DEFINED BENEFIT AND HYBRID OCCUPATIONAL PENSION SCHEMES
Purpose of admissible rules
During an assessment period, trustees must run the scheme and provide benefits to members in line with the scheme’s admissible rules, as defined in paragraph 35(2) of Schedule 7 to the Pensions Act 2004 (PeA 2004). The Pension Protection Fund (PPF) issued guidance for trustees on applying those admissible rules during the assessment period, with examples, in the Appendix to the Financial Management section of its Detailed Trustee Guidance. This material was archived when the PPF changed its website in December 2018, but it remains helpful for understanding what counts as an admissible payment. At the end of the assessment period, if the PPF takes responsibility for the scheme and the scheme enters the PPF, the PPF will provide compensation to members and their
Pensions
PRACTICE NOTES
This practice note applies only to defined benefit and hybrid occupational pension schemes
Determining normal pension age under the scheme’s admissible rules
Members’ normal pension age under the scheme’s admissible rules must be clearly and accurately identified so that:
an eligible scheme can supply the Pension Protection Fund (PPF) with an actuarial valuation of the scheme’s assets and protected liabilities at prescribed, set intervals, for the purpose of enabling the PPF to compute risk‑based pension protection levies
where the scheme is within an assessment period, the PPF can secure an actuarial valuation of the scheme’s assets and protected liabilities as at the relevant time as required
the PPF can determine the date from which compensation will be payable to an individual (and the amount of that compensation) under the pension compensation provisions of the Pensions Act 2004, s 162 and Sch 7 (PeA 2004)
For more on
Pensions
PRACTICE NOTES
THIS PRACTICE NOTE APPLIES ONLY TO DEFINED BENEFIT AND HYBRID OCCUPATIONAL PENSION SCHEMES
Typically, a scheme’s route into the PPF starts when the sponsoring employer of an eligible arrangement experiences a qualifying insolvency event. For a scheme to enter the PPF, its sponsoring employer must satisfy the statutory meaning of ‘employer’ for that purpose.
Who counts as the ‘employer’ differs according to whether:
the scheme is a single-employer scheme, or is/has been a multi-employer scheme
the scheme has active members on the date of the qualifying insolvency event
Definition of employer under section 318 of the Pensions Act 2004
Under section 318 of the Pensions Act 2004 (PeA 2004), an employer, in relation to an occupational pension scheme, is the employer of ‘persons in the description of employment to which the scheme in question relates’ (the ‘relevant
Pensions
PRACTICE NOTES
THIS PRACTICE NOTE APPLIES ONLY TO DEFINED BENEFIT AND HYBRID OCCUPATIONAL PENSION SCHEMES
What is a 'sectionalised' pension scheme?
A pension scheme can be set up in several different ways and configurations. For example, it might take the following forms:
include more than one participating employer within the same arrangement and establish distinct benefit designs for members employed by different employers
originate from earlier mergers or bulk transfers of members’ benefits arising out of corporate transactions, leaving a single sponsoring employer but retaining rules under which different groups of members receive different benefits
provide both earlier, historic defined benefits together with more recent defined contribution benefits
operate as an industry-wide arrangement that permits multiple employers to participate, each with its own section delivering benefits to its own employees
The rules of the scheme may then expressly state:
that the scheme’s assets are held and administered as one overall fund and,
Pensions
41 Contributions by Squire Patton Boggs Experts
PRACTICE NOTES
Which licence is required?
Where a live music performance qualifies as regulated entertainment (taking into account all conditions and exemptions set out in Practice Note: Assessing whether a licence is required for licensing for live music events), it is a licensable activity and a qualifying club activity under the Licensing Act 2003 (LA 2003). Licensable activities, including any live music performance, may only be undertaken under, and in accordance with, a premises licence (see Practice Note: Licensing of alcohol and entertainment) or by using a temporary event notice (TEN) (see Practice Note: Temporary Event Notices (TENs)). Likewise, a qualifying club activity may only proceed under, and in line with, a club premises certificate.
Permanent approvals
Premises licences and club premises certificates are granted by the local authority for the area in which the premises hosting the licensable activity is located, and they cover the
Local Government
PRACTICE NOTES
Why is registration required?
The Waste (England & Wales) Regulations 2011, SI 2011/988, stipulate that no person may act as a carrier, broker or dealer of controlled waste unless registered with the Environment Agency in England, or with Natural Resource Wales in Wales. Registration is a legal obligation, and failing to register when required constitutes an offence. Registering carriers, brokers and dealers helps organisations to meet their duty of care obligation to ensure controlled waste is transported and disposed of legally and safely. This duty applies broadly to any person who produces, imports, carries, keeps, treats or disposes of controlled waste, or who, as a broker, has control of such waste. Breach of the duty of care is an offence, with a penalty of an unlimited fine if convicted on indictment. It also helps the Environment Agency clamp down on
Environment
PRACTICE NOTES
With appreciation to other contributors from Squire Patton Boggs offices across its global network.
Cross-border JVs
There is no single, universal approach to structuring cross-border joint ventures (JVs) (ie where one or more JV participants are based outside the UK and intend to establish a JV outside the UK). The provisions of any contract must ultimately set out the parties’ commercial arrangement. However, many of the legal points highlighted in this and the related Practice Notes: Cross-border joint ventures—initial considerations, Cross-border joint ventures—management and control, and Cross-border joint ventures—termination may influence the choice of jurisdiction for the JV vehicle, as well as the commercial bargain itself, and should therefore be assessed as early as possible to give the JV the best chance of success. Even if a joint venture agreement (JVA) uses a familiar governing law, such as English law, creating a
Corporate
PRACTICE NOTES
Asset sale
In an asset sale, the purchaser chooses and acquires from the vendor only the assets and liabilities it intends to take on. At times, an asset sale involves disposing of a whole business (that is, all assets comprising, and used within, that undertaking) or a segment of a business, and at other times it is the transfer of a single asset or a bundle of assets...
Tax
PRACTICE NOTES
Environmental damage regime
Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability created a European framework for preventing and remedying environmental harm.
In England and Wales, the Environmental Damage Regime (EDR) is set out in the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (EDR England), SI 2015/810, and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (EDR Wales), SI 2009/995.
EDR focuses on averting imminent threats of environmental damage and addressing actual damage caused by certain activities, and also applies to any other activity involving protected species, special habitats or a site of special scientific interest (SSSI) where the operator intended to cause environmental damage or was negligent. ‘Environmental damage’ is harm to:
a protected species or natural habitat that significantly adversely affects achieving or maintaining the favourable conservation status of the species or habitat
a SSSI where the
Environment
PRACTICE NOTES
The EDR is given effect in England and Wales by the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810, together with the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995. Under the EDR, operators whose activities are responsible for serious environmental incidents must take steps to prevent harm and to remedy any resulting damage. See Practice Notes:
Environmental damage regulations—overview
Environmental damage—when does the environmental damage regime apply?
Environmental damage—potential liabilities
Environmental damage—operators’ obligations, enforcement, offences and appeals
The environmental damage regulations implement the requirements of the Environmental Liability Directive 2004/35/EC. See Practice Note: EU Environmental Liability Directive—snapshot.
Environmental damage includes damage to:
land
marine waters
protected species or natural habitats
sites of special scientific interest (SSSI)
surface water or
Environment
PRACTICE NOTES
Liability for environmental harm arises under the environmental damage regime (EDR), derived from the Environmental Liability Directive 2004/35/EC. See Practice Note: EU Environmental Liability Directive—snapshot. In England and Wales, the EDR is given effect by the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (EDR England), SI 2015/810, and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (EDR Wales), SI 2009/995. Under the EDR, operators whose activities cause serious environmental incidents must both prevent and remediate the damage. For further detail on the EDR, see the following Practice Notes:
Environmental damage regulations—overview
Environmental damage—when does the environmental damage regime apply?
Environmental damage—what does it cover?
Environmental damage—potential liabilities
Environmental damage—operators’ obligations, enforcement, offences and appeals
Environmental damage—Summary of enforcement options
Where harm has occurred and there are reasonable grounds to believe it is, or might be,
Environment
PRACTICE NOTES
The environmental damage regime (EDR)
The environmental damage regime (EDR) governs harm to the environment within England and Wales. Operators carrying out activities that cause serious incidents must avert and repair such harm. Liability follows the polluter-pays principle. Refer to Practice Notes as follows: Environmental damage—potential liabilities and Environmental damage regulations—overview...
Environment
PRACTICE NOTES
The environmental damage regime (EDR) obliges operators of activities that cause serious environmental incidents to both prevent harm and put it right. It rests on the polluter-pays principle and implements the requirements of the EU Environmental Liability Directive. For more information, see: Environmental damage regulations—overview.
Who is liable?
Liability for environmental damage sits with the operator of the activity.
Operator: any natural or legal person, whether private or public, who runs or controls an activity. This also covers the holder of a permit and anyone who registers or notifies an activity.
Activity: any economic undertaking, public or private, whether or not for profit. Purely domestic or recreational activities are excluded.
The enforcing authority may proceed against more than one operator. Where more than one person could be the operator, the authority must decide whom to enforce against.
When environmental damage has occurred, a single
Environment
PRACTICE NOTES
This Practice Note examines the intersection of the environmental damage regime (EDR) with:
the environmental permitting regime (EPR) pursuant to the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154
the contaminated land regime under Part IIA of the Environmental Protection Act 1990 (EPA 1990)
the unlawful deposit of waste regime under the EPA 1990, s 59
the anti-pollution works regime under the Water Resources Act 1991 (WRA 1991)
the National Planning Policy Framework and Planning Policy Wales
Type of damage covered under different legislation
Environmental Damage Regulations
Under the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810, and the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995 (EDR), environmental damage is defined as harm to:
a protected species or natural habitat where there is a significant adverse effect on attaining or sustaining the favourable conservation status of the species or habitat
a site of special
Environment
PRACTICE NOTES
This Practice Note sets out many different categories of permits, licences, exemptions, notifications, registrations and consents that may often be needed in relation to environmental matters in England and Wales.
environmental permitting
water abstraction and impounding licences
trade effluent consents
reservoir registration
waste carrier registration
CRC energy efficiency scheme registration
greenhouse gas permits
wildlife licences
marine licences
hazardous substances consents
Environmental permitting Summary
Historically, separate regulatory authorities managed pollutant releases to air, land and water, often without a full picture of the cumulative environmental impacts that a single installation could impose on the wider environment. A system of partially integrated pollution control (IPC) was first introduced in England and Wales in 1990, and in 1996 moved under the control of the EA and local
Environment
PRACTICE NOTES
Relevant Legislation
The Environmental Permitting (England and Wales) Regulations 2016 (SI 2016/1154) establish the permitting and compliance framework for England and Wales across a range of sectors. Activities involving solvent emissions are addressed in Schedule 14. The 2016 Regulations consolidate and revoke the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010/675) and implement the necessary provisions of the Industrial Emissions Directive 2010/75/EU. Under Schedule 14, regulatory functions must be carried out to secure compliance with specified IED articles. After Brexit, any references to the IED are to be read in accordance with Schedule 1A, paragraph 6 of the 2016 Regulations. For further information on the IED, see the EU Practice Note: Industrial and Livestock Rearing Emissions Directive 2010/75/EU.
Requirement for an environmental permit
Permits are required for identified operations that may pose a risk to the environment or human health. Unless excluded, solvent emission
Environment
PRACTICE NOTES
This Practice Note explores the aims and guiding principles of radioactive substances regulation in England and Wales, including justification, safeguarding wildlife, best available techniques (BAT), and key environmental permitting requirements for radioactive substance activities.
What are the key principles and purpose of radioactive substances regulation?
In December 2021, the Environment Agency (EA) released guidance outlining its objectives and principles for radioactive substances regulation. The central objective is to protect people and the environment from the harmful impacts of ionising radiation, both now and in the future, while also protecting and enhancing the environment as a whole. The EA pursues this by applying the relevant legislation, government policy, and international standards.
justification — a permit for any practice involving radioactive substances will only be issued where it is justified; decisions on remediating radioactively contaminated land, or in emergencies, should result in more good than harm
Energy
PRACTICE NOTES
Key information
Carbon Capture and Storage Directive
Official title: Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide (Carbon Capture and Storage (CCS) Directive)
In force since: 25 June 2009
Transposition deadline: 25 June 2011
Amendments:
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on assessing the effects of certain public and private projects on the environment
Decision (EU) 2018/853 of the European Parliament and of the Council of 30 May 2018 amending, among others, Directive 2009/31/EC regarding procedural rules for environmental reporting
Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the
EU Law
PRACTICE NOTES
Background and key developments
Regulation (EC) 1272/2008—the EU Classification, Labelling and Packaging (CLP) Regulation—gives effect to the United Nations’ Globally Harmonised System for classifying and labelling chemicals (UN GHS) across the EU.
The principal aims of the EU CLP Regulation are to:
determine which characteristics of substances and mixtures warrant a hazardous classification; and
ensure that this identification is communicated appropriately to customers.
The EU CLP Regulation took effect on 20 January 2009 (with various transition periods extending to 2015) and applies directly to suppliers that manufacture, import, use or distribute chemical substances and mixtures.
This Practice Note addresses the labelling requirements under the EU CLP Regulation. For details on other parts of the EU CLP framework, see the following Practice Notes:
EU classification, labelling and packaging of substances and mixtures (CLP): Regulation (EC) 1272/2008—snapshot
EU CLP—chemicals classification
EU CLP—chemicals packaging
EU CLP—notifications to the
EU Law
PRACTICE NOTES
Background and key developments
Regulation (EC) 1272/2008—the EU Classification, Labelling and Packaging (CLP) Regulation—gives effect in the EU to the United Nations’ Globally Harmonised System on the classification and labelling of chemicals (UN GHS), aligning EU requirements with that framework.
identify which properties and characteristics of substances and mixtures should result in a classification as hazardous, and
ensure that adequate communication of that identification is provided to the customers
The EU CLP Regulation entered into force on 20 January 2009 (subject to various transition periods up to 2015) and it is directly applicable to suppliers who manufacture, import, use or distribute chemical substances and mixtures.
This Practice Note covers the rules governing notification under the EU CLP Regulation. For more information on other aspects of the EU CLP regime, please see the following Practice Notes:
EU classification, labelling and packaging of substances and mixtures (CLP): Regulation (EC)
EU Law
PRACTICE NOTES
Background and key developments
Regulation (EC) No 1272/2008, known as the EU Classification, Labelling and Packaging (CLP) Regulation, gives effect to the United Nations’ Globally Harmonised System for classifying and labelling chemicals (UN GHS) within the EU. Its principal purposes are to:
determine which characteristics of substances and mixtures warrant a hazardous classification, and
ensure this identification is communicated appropriately to customers
The EU CLP Regulation has applied since 20 January 2009 (with staged transition periods up to 2015) and is directly applicable to suppliers that manufacture, import, use or distribute chemical substances and mixtures. This Practice Note addresses the packaging requirements under the EU CLP Regulation. For details on other elements of the EU CLP framework, see Practice Notes:
EU classification, labelling and packaging of substances and mixtures (CLP): Regulation (EC)
EU Law
PRACTICE NOTES
Background and key developments
Regulation (EC) No 1272/2008—the EU Classification, Labelling and Packaging (CLP) Regulation—puts into practice the United Nations’ Globally Harmonised System for classifying and labelling chemicals (UN GHS) within the EU.
determine which characteristics of substances and mixtures require them to be classified as hazardous, and
ensure customers receive appropriate communication of that classification
The EU CLP Regulation has applied since 20 January 2009 (with phased transition periods running to 2015) and is directly binding on suppliers that manufacture, import, use or distribute chemical substances and mixtures.
This Practice Note addresses the classification regime under the EU CLP Regulation.
For further guidance on other elements of the EU CLP framework, see Practice Notes:
EU classification, labelling and packaging of substances and mixtures (CLP): Regulation (EC) 1272/2008—snapshot
EU CLP—chemicals labelling
EU CLP—chemicals packaging
EU
EU Law
PRACTICE NOTES
STOP PRESS: This Practice Note reflects the current legislative position. However, the Commission published a proposal on 21 January 2026 for a Digital Networks Act that may repeal the European Electronic Communications Code. To follow the Digital Networks Act’s progress through the EU legislative process, see Practice Note: Media, digital and telecoms tracker—EU.
This Practice Note provides guidance on Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast), commonly known as the European Electronic Communications Code and, in this note, the EECC. The EECC recasts and brings together the principal directives that originally made up the EU‑wide framework for regulating electronic communications networks (ECNs) and electronic communications services (ECSs).
The aim of the European Electronic Communications Code
The EECC is a directive with the central objective of creating an updated and harmonised EU‑wide regime for the regulation of ECNs and ECSs.
The previous EU telecoms
EU Law
PRACTICE NOTES
Scope of Practice Note
The Hazardous Waste (England and Wales) (Amendment) Regulations 2016, SI 2016/336, repealed Part 5 of the Hazardous Waste (England and Wales) Regulations 2005, SI 2005/894, thereby scrapping the obligation on any premises in England that generated or had hazardous waste taken away to register with the Environment Agency. This change did not alter in any way the duty on Welsh premises to register with Natural Resources Wales (NRW), and accordingly this Practice Note focuses on the Welsh registration rules applicable in Wales.
Compliance in Wales
In Wales, the Hazardous Waste (Wales) Regulations 2005 establish the statutory framework for controlling and tracking hazardous waste movements. Where hazardous waste is produced on, or removed from, any non‑exempt premises, those premises in question must be duly notified to NRW as required. On notification, site particulars are entered on an official register and a unique
Environment
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