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Commencement order meaning

What does Commencement order mean?
An order made under an act’s commencement provision to bring specified sections into force or operation on a stated date or dates. It is used where legislation does not commence automatically on Royal assent (UK) or enactment/signature (Ireland). The order is a form of subordinate legislation made by the relevant minister or devolved authority. The expression is descriptive; the power derives from the Act’s commencement section rather than a standalone statutory definition. A commencement order can bring different provisions into force at different times, for different purposes or areas, and may include transitional, transitory and saving provisions. Several commencement orders are commonly made for the same Act as implementation is staged. Unless the enabling Act provides otherwise, commencement orders are not generally subject to affirmative or negative parliamentary procedure. Usage is broadly consistent across the UK and Ireland: for UK Parliament Acts they are Statutory Instruments (Welsh and Scottish Statutory Instruments for Senedd Cymru and Scottish Parliament Acts respectively); in Northern Ireland they are Statutory Rules; in Ireland they are statutory instruments (S.I.) made by the responsible Minister. A commencement order determines when statutory powers, duties, offences and remedies take effect, informing compliance timetables, enforcement and litigation timing.
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View the related Checklists about Commencement order

CHECKLISTS
Business and Property Courts Disclosure Scheme (CPR PD 57AD): Timetable and Checklist: pre-action preservation, Initial/Extended Disclosure, DRD, CMC steps, including Less Complex Claims (England and Wales)

This timetable sets out the key procedural steps for disclosure under the Disclosure Scheme operating in the Business and Property Courts It outlines the required process, spanning document preservation duties, Initial Disclosure, completion of the Disclosure Review Document (DRD), Extended Disclosure, and the actions to be taken at and following the case management conference (CMC). Document preservation obligations Initial Disclosure Disclosure Review Document (DRD) Extended Disclosure Steps at and after the CMC For these purposes, it is assumed the parties are legally represented. Note: this timetable does not cover disclosure under CPR 31. For additional guidance on CPR 31 disclosure, see: Disclosure-overview. The Disclosure Scheme is mandatory for most claims in the Business and Property Courts under CPR PD 57AD (in force from 1 October 2022). To assess whether the Scheme applies to a particular claim, see: Which disclosure rules apply to my claim-flowchart? and the Practice Notes: Disclosure Scheme-definitions, principles and duties; Disclosure Scheme-when and where it...

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CHECKLISTS
Dissolution of civil partnerships: procedural guide for proceedings issued before 6 April 2022 (England and Wales)

Procedural Guide This Procedural Guide explains the process to follow for an application to dissolve a civil partnership, in an undefended matter under the Civil Partnership Act 2004 (CPA 2004), for proceedings issued before 6 April 2022. It provides direction on: who can apply irretrievable breakdown service of the petition filing an acknowledgement of service It further outlines the evidence required to prove the relied-on fact, making an application for a conditional order of dissolution, obtaining the final dissolution order, and the approach to costs. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) took effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are governed by DDSA 2020 and by procedural changes under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For more information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue in...

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CHECKLISTS
No-fault divorce procedure post-DDSA 2020: online applications, service, 20/6-week timetable, conditional/final orders, joint/sole applications, costs (England and Wales)

The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) It took effect on 6 April 2022. Any divorce case issued by the court from that date falls under DDSA 2020 and the revised procedural regime in the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For more detail, refer to Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 and Commencing and filing an application for a divorce, dissolution or judicial separation order (post-DDSA 2020). This note sets out the position for proceedings started on or after 6 April 2022 by the court. Matters issued by the court on or before 5 April 2022 will continue in line with the pre-DDSA 2020 framework, regardless of whether they were lodged via the digital system or using paper forms. Those applications are unaffected by the commencement of DDSA 2020, or by the resulting procedural amendments. See also Practice Notes: Commencing divorce proceedings and drafting the petition (pre-DDSA 2020) and Filing the divorce petition and supporting documents (pre-DDSA 2020)....

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FLOWCHARTS
Opposed business lease renewal under the LTA 1954: from s.25/s.26 notices to termination or new tenancy—procedural flowchart (England and Wales)

Opposed business lease renewal—flowchart This flowchart outlines the process for an opposed renewal of a business lease under the Landlord and Tenant Act 1954 (LTA 1954). It covers timing for service of an opposed section 25 notice, or a section 26 request counter-notice identifying the ground(s) of opposition under LTA 1954, s 30(1), the commencement of opposed proceedings, filing statements of case, and the court’s ultimate order—termination or grant of a new lease, or discontinuance or dismissal of the claim If the tenant remains in occupation for business purposes after the contractual term ends, the lease continues automatically, provided the conditions in LTA 1954, s 23 are met Either party may end the statutory protection under the existing lease by serving a termination notice: landlord’s section 25 notice; tenant’s section 26 request; section 27 notice. This flowchart addresses opposed renewals only. For the unopposed renewal route, see: Unopposed lease renewal procedure—flowchart. Note 1: Diarise a date at least 12–18...

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NEWS
UK employment law update: tribunal limits, SSP/SMP rises, neonatal leave, ERB progress, Skilled Worker immigration changes, DEI pay gap consultation, key cases and April 2025 changes (20 March 2025)

In this issue: Horizon scanning Worker status and categories Immigration Pay Remuneration Taxation Diversity and the gender pay gap Maternity, parents and carers Whistleblowing Data protection and staff information Confidentiality, obligations and restrictions: enforcement Financial services and banking: employment matters Bribery, modern slavery, tax evasion and fraud Issues arising on termination Employment Tribunals Civil courts and alternative dispute resolution Dates for your diary Trackers Employment resources on Lexis+® LexTalk® Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Updated Employment Rights Bill to be considered by the House of Lords The updated Employment Rights Bill (ERB), transmitted from the House of Commons to the House of Lords, was issued on 14 March 2025. Its second reading in the House of Lords is scheduled for 27 March 2025...

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NEWS
UK corporate crime update: DPA breach ruling, court reforms, sanctions enforcement changes, data protection reforms, ICO Grok probe, LIBOR appeals, sentencing updates, proceeds of crime, health and safety

In this issue: Decision to prosecute and alternatives to prosecution Criminal procedure and evidence Proceeds of crime Appeals and judicial review Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Other corporate crime updates LexTalk®Corporate Crime: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Decision to prosecute and alternatives to prosecution Deferred Prosecution Agreements—an ‘expiry date’ or a ‘best before’? (Guralp Systems Ltd v Serious Fraud Office) The statutory framework for Deferred Prosecution Agreements (DPAs) requires an expiry date within every DPA, mandates that any breach application is made while the DPA remains in force, and provides that where a DPA lasts until its expiry, the proceedings are to be discontinued. In this case, the DPA’s terms specified effectiveness for...

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NEWS
Year-end banking and finance regulatory highlights: ESG, benchmarks, listing regime, FCA portfolio letters, derivatives, MiCAR cryptoassets, AI, securitisation and moveable transactions—19 December 2024

In this issue: Sustainable finance and ESG weekly round-up Moveable Transactions (Scotland) Act 2023 Football Governance Bill LIBOR and benchmarks Sustainable finance Debt capital markets Derivatives Regulation for derivatives lawyers Technology in banking & finance transactions Structured products and securitisation Regulation for banking lawyers Banking & Finance Highlights 2024/2025 Daily and weekly news alerts New and updated content Useful information Sustainable finance and ESG weekly round-up For this week’s coverage of Sustainable finance and ESG developments, please see: Sustainable finance and ESG weekly round–up—19 December 2024. Moveable Transactions (Scotland) Act 2023 Moveable Transactions (Scotland) Act 2023 (Commencement) Regulations 2024 SSI 2024/378: From 1 April 2025, the outstanding provisions of the Moveable Transactions (Scotland) Act 2023 (the Act) will come into effect. See: LNB News 17/12/2024 9. Moveable Transactions (Forms) (Scotland) Regulations 2024 SSI 2024/379: These prescribe the forms to be used for the purposes set out...

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View the related Practice Notes about Commencement order

PRACTICE NOTES
Family arbitration and court oversight in England and Wales: stays, consent orders, and challenges post-Haley for financial remedies and children under the IFLA scheme and Arbitration Acts 1996/2025

This Practice Note clearly explains the courts’ function within the context of family arbitration. In matters concerning families, any arbitration normally proceeds under the Institute of Family Law Arbitrators (IFLA) scheme. The courts continue to have overall jurisdiction over any family arbitration award or determination and will endorse the award or determination provided it falls within recognised limits, thereby fully respecting the parties’ autonomy. For further practical guidance on, among other things, the conduct of arbitration in family cases, the principal advantages of arbitration, the scope of the IFLA scheme and the arbitrator’s powers, please see Practice Note: Family arbitration—introduction. Acting on Law Commission proposals to reform the Arbitration Act 1996 (AA 1996) and to bring in measures to bolster arbitrator immunity, enhance overall case efficiency and clarify the court’s powers, a draft Bill reflecting those recommendations was formally laid before Parliament and subsequently obtained Royal Assent on 25 February 2025. Accordingly, the Arbitration Act 2025 (AA 2025) modifies AA 1996 from 1 August 2025 by virtue of the Arbitration...

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PRACTICE NOTES
Archived: 2026 employment law—legislation in force and commencement tracker

This tracker captures legislation taking effect in 2026, arranged in chronological order. Updates are published on a month-by-month basis throughout the year, and links to relevant news reports are included where appropriate. For legislation commencing later in 2026, see Practice Note: Legislation tracker—Employment. For measures in force prior to 2026, refer to these Practice Notes: Archived—2025 Legislation tracker—Employment Archived—2024 Legislation tracker—Employment Archived—2023 Legislation tracker—Employment Archived—2022 Employment horizon scanner—dates for your diary Legislation in force—January 2026 Commencement date (unless otherwise indicated) Legislative change 6 January 2026 Exclusivity clauses—protections for low-income and zero hours workers Section 8 of the Employment Rights Act 2025 (ERA 2025) widens the current protections to apply to all zero hours arrangements, whether contractual or not, and covers any restriction on taking work elsewhere. Any such term is void and unenforceable...

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PRACTICE NOTES
Post-DDSA 2020 procedure after service for matrimonial and civil partnership orders: acknowledgements, disputed cases, 20-week period, joint-to-sole switches and conditional order applications (England and Wales)

This Practice Note This Practice Note sets out the actions a respondent should take once served with an application for a matrimonial or civil partnership order in proceedings begun under the Divorce, Dissolution and Separation Act 2020 (DDSA 2020). It specifies the deadline for filing the acknowledgement of service, clarifies when a case is disputed, and explains the 20‑week period. It also describes the route for an applicant (or joint applicants) to request a conditional order. DDSA 2020 came into effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are governed by DDSA 2020 and by the procedural amendments in the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010). For more on the reforms introduced, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue in line with the pre‑DDSA 2020 framework, whether submitted through the His Majesty’s Courts and Tribunals Service (HMCTS) online service or using...

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PRECEDENTS
Precedent: Short-form Privacy Policy for UK General Commercial Organisations (UK GDPR, DPA 2018, PECR) with DUAA 2025 Implementation Notes

STOP PRESS: On 19 June 2025, the Data (Use and Access) Bill secured Royal Assent, transforming into the Data (Use and Access) Act 2025 (DUAA 2025), with partial commencement on that very same day. A number of DUAA 2025 provisions, covering areas like handling data subject access requests and granting powers to make additional regulations, took effect immediately on 19 June 2025. Other related provisions, relating to Information Commissioner notices and certain aspects of law enforcement processing, commenced on 19 August 2025 (being two months from the date of Royal Assent). The majority of DUAA 2025’s measures still require further regulations, in the form of statutory instruments, to be made in order to bring them fully into force. Parts 5 and 6 of DUAA 2025 serve to amend several facets of data protection and ePrivacy law in the UK, including the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI...

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PRECEDENTS
Opening clause for Court of Protection statutory Will made by authorised person under MCA 2005 s.18(1)(i) (England and Wales)

This is the last Will of me This document constitutes the final Will of [ full name of patient ] of [ full address of patient ], [ otherwise OR commonly OR formerly ] [ known as [ alias or former full name ] OR recorded on their birth certificate as [ birth certificate name ] ], made on their behalf by [ full name of person authorised to make the Will ] of [ full address of person authorised to make the Will ], the individual empowered in that regard by an order dated [ date of order ] of the Court of Protection under section 18(1)(i) of the Mental Capacity Act 2005. [ I cancel all previous testamentary arrangements made by me and affirm that this is my final Will. ]...

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PRECEDENTS
Precedent post‑commencement settlement agreement (England and Wales): Tomlin order and stay; payment/instalments and security; undertakings; mutual release; confidentiality/non‑disparagement; ADR; costs; enforcement; warranties and indemnities

[DRAFT ]SETTLEMENT AGREEMENT (for settling disputes post-commencement of proceedings) [WITHOUT PREJUDICE AND SUBJECT TO CONTRACT [ SUBJECT TO SIGNATURE BY PARTIES AND/OR SUBJECT TO COURT APPROVAL ] ][CONFIDENTIAL] This Agreement is entered into on the day of 20[ insert year ] Parties: [ insert name of party ], a company incorporated in England and Wales (company number [ insert company number ]), with its registered office at [ insert address ] (‘Party A’) [ and ] [ ; ] [ insert name of party ], a company incorporated in England and Wales (company number [ insert company number ]), with its registered office at [ insert address ] (‘Party B’). together, the ‘Parties’ Whereas On [ insert date ], [ insert name of claimant ] issued court proceedings in the [ insert level of court, eg, High Court of Justice, King’s Bench Division ] under claim number [ insert claim number ], against [ insert name of...

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Q&As
Successor liability for pre-incorporation partnership mesothelioma

In occupational disease matters, it is common that the claimant was employed many years ago by an entity that has ceased trading, changed its name, or shifted liabilities within intricate corporate groups. Defence solicitors may challenge the identity of any proposed defendant within their defence, and resolving such questions well before the commencement of proceedings is always desirable. Accurately naming the parties to the claim from the outset is particularly important in order to avoid incurring unnecessary costs later on, for example in having to discontinue against a party and/or amend the claim form, and to prevent any potential problems in respect of limitation...

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Q&As
Children Act 1989 enforcement, respondent absent: must applicant's solicitor disclose attendance note?

Legal professional privilege Legal professional privilege is a doctrine shielding specified categories of documents from scrutiny by the opposing party in proceedings. Legal advice privilege covers materials that convey advice, regardless of whether litigation is anticipated. Litigation privilege concerns documents created when litigation is on foot, foreseen, or awaiting commencement. Both are treated as sitting beneath the umbrella of legal advice privilege. A hearing attendance note will usually attract litigation privilege and, as a result, need not be disclosed to the other side. A request for a copy of the hearing attendance note may, in fact, be made with a respondent’s prospective appeal in mind...

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Q&As
s.38A statutory declaration: commencement on pre‑grant occupation?

LTA 1954 and contracting out Most commercial tenancies where the occupier is the tenant benefit from statutory security of tenure under the Landlord and Tenant Act 1954 (LTA 1954). This framework sets out a procedure that must be followed to end the tenancy, even after a fixed term has run its course. It does not cover tenancies at will. The level of protection provided by the LTA 1954 can be advantageous for tenants. That said, it is common for the parties to decide, as part of their agreement, that these LTA 1954 protections will not apply to a fixed term tenancy. Excluding the LTA 1954 is not accomplished simply by adding wording to that effect in the lease. The necessary steps are specified in LTA 1954, section 38A, which refers to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, SI 2003/3096...

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