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Pearce v Secretary of State for Business, Energy and Industrial Strategy [2021] EWHC 326 (Admin) What are the practical implications of this case? While the facts are specific to this matter, multiple offshore schemes along England’s east coast are moving through consent, and each must robustly account for cumulative effects. The case also underlines mounting pushback from local communities against sizeable onshore infrastructure in the area, coinciding with BEIS’s programme reviewing offshore transmission and different approaches to linking offshore wind schemes and landing renewable power. The court further made clear that, even where a proposal aligns with government policy and helps deliver low‑carbon, renewable generation consistent with legal duties towards ‘net zero’ and tackling climate change, that alignment does not displace the requirement for any application to evaluate every impact properly and in accordance with the law. All such proposals therefore need to demonstrate, through the application process, that cumulative and project‑specific effects have been considered with sufficient rigour, rather than assuming policy support or climate objectives will...
Original news Dean v Secretary of State for Business, Energy and Industrial Strategy [2017] EWHC 1998 (Admin); [2017] All ER (D) 72 (Aug). The Planning Court concluded that the grant of a PEDL under section 3 of the Petroleum Act 1998 (PA 1998) was not entirely constrained by the statutory licensing code, so the Secretary of State could agree to alter the licence terms. Consequently, it rejected the claimant’s case that the deed varying the licence was ultra vires, and dismissed his application for judicial review. What was the background to the case? In 2008 the defendant issued a PEDL conferring exclusive rights on the licensees to search, drill for and recover hydrocarbons within a defined geographic area. The licence period was split into three stages: a stage for the licensee to undertake the agreed works programme of seismic and geological surveys a stage to obtain Oil and Gas Authority approval of a field development plan a production stage ...
Subsidy control UK subsidy control regime: Department for Business and Trade publishes updated statutory guidance The Department for Business and Trade (DBT) has issued an updated edition of the statutory guidance for the Subsidy Control Act 2022. This guidance clarifies the legal responsibilities of public authorities operating within the domestic subsidy control framework. The original version was released by the Department for Business, Energy and Industrial Strategy (BEIS) in November 2022, shortly before the Act came into force on 4 January 2023. Subsequent revisions were made in June and December 2023...
ARCHIVED: This Practice Note has been archived and is not maintained. How are contracts for difference (CfD) and the renewables obligation (RO) connected? The renewables obligation (RO) is designed to stimulate investment in renewable generation. It achieves this by placing a duty on customer-facing electricity suppliers—who obtain electricity from generators, whether directly or indirectly—to procure an ever-increasing share of their wholesale supply from renewable sources. The Secretary of State (SoS) for Business, Energy and Industrial Strategy (BEIS) determines the proportion required each period. Suppliers prove compliance by submitting renewable obligation certificates (ROCs) to the Office of Gas and Electricity Markets (Ofgem). New ROCs are issued solely to accredited renewable generators, encouraging suppliers to purchase renewable output (together with separately priced ROCs) from such projects, thereby delivering a degree of financial support to those developments. For further details, see Practice Note: Renewables Obligation (RO)—accreditation of renewable electricity generators [Archived]. On 31 March 2017, the RO closed to most categories of new generation. The RO will continue to...
ARCHIVED : This Practice Note has been archived and is not maintained. STOP PRESS: On 21 October 2025, within its Regulation Action Plan, the government stated it believed the Investment Association Public Register had fulfilled its role and accordingly asked the IA to wind it up. That day, the IA confirmed the register would cease to be updated, with its aims pursued instead via reporting against the UK Corporate Governance Code and continued stewardship work. Those objectives remain addressed through disclosure under the UK Corporate Governance Code and continuing stewardship activity by the IA. See: Policy paper—A new approach to ensure regulators and regulation support growth, and IA remarks on ending the Public Register. Accordingly, from that date this Practice Note is archived and is no longer maintained or revised. Evolution of the IA public register In November 2016, the Department for Business, Energy & Industrial Strategy (BEIS) issued a green paper concerning reforms to corporate governance and executive pay. See News Analysis: Lexis®PSL Share Incentives weekly...
On 4 January 2022, the National Security and Investment Act 2021 (NSI Act) brought in a compulsory foreign direct investment (FDI) notification framework in the UK for deals in specified sectors to safeguard national security. Running in parallel with the existing merger control system, it supplanted the former powers that allowed government intervention in merger reviews on national security grounds. The tracker below outlines the NSI Act’s journey through the parliamentary process. In particular, it charts the legislation’s movement through Parliament to its enactment, as well as later significant milestones and materials released once the NSI Act took effect. 2026 Date Stage Further reading 26/03/2026 The Cabinet Office issued a Memorandum of Understanding (MoU) with the CMA on how the NSI Act operates. This MoU replaces a June 2022 MoU between BEIS and the CMA • MoU published 12/03/2026 The Government releases its reply to its consultation on suggested updates to the Notifiable Acquisition Regulations, which define the parts of the economy requiring mandatory...
Under section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992 Employers are required to inform the Secretary of State for Business, Energy and Industrial Strategy (BEIS) before issuing any redundancy notices and, in any event: where 20 or more dismissals are contemplated within 90 days, no less than 30 days before the first dismissal takes effect where 100 or more dismissals are contemplated within 90 days, no less than 45 days before the first dismissal takes effect For BEIS notification purposes, the full 30- or 45-day interval must pass before the first dismissal occurs. Notification is made on Form HR1, submitted to The Insolvency Service. For additional details, see Practice Note: Collective redundancy—statutory information and consultation obligations, under the heading Obligation to notify BEIS (Form HR1). As stated in the Advance notification of redundancies: guidance for employers accompanying Form HR1, the notification date is ‘the date on which we receive your completed form’. Forms with any required information...
For information: regarding the revised Coronavirus Job Retention Scheme (CJRS), see Practice Note: Coronavirus Job Retention Scheme (extended version 1 July to 31 October 2020) [Archived] concerning holiday and holiday pay during the coronavirus (COVID-19) pandemic, see Practice Note: Coronavirus (COVID-19)—holiday and holiday pay [Archived] for general holiday and holiday pay matters, see Practice Notes: Holiday and Holiday pay It is clear that: employees may take holiday whilst on furlough the statutory framework for working out holiday pay applies to furloughed staff in exactly the same way as it does to those not on furlough See the section of Practice Note: Coronavirus (COVID-19)—holiday and holiday pay [Archived] entitled: Furloughed workers, under the heading ‘Holiday pay’. The BEIS guidance Holiday entitlement and pay during coronavirus (COVID-19) has not been updated since it was first published in May 2020, and does not specifically address flexible furlough under the revised CJRS...