Conditional access meaning

This is a Checklist of the main issues that an employer will need to consider when seeking a medical report on a prospective employee during the recruitment process: For what reason is the report required? Refer to Practice Note: Medical reports—data protection issues and AMRA 1988—Purposes of medical report Why must health details be collected, and what grounds justify requesting a medical report—is there a particular aspect of the post that demands it, or is it to gauge overall fitness for a challenging senior position? What scope should the report have—what does the prospective employer actually need to know, steering clear of intrusion where it is unnecessary or irrelevant? Could the employer limit the health data it handles by engaging an occupational health (OH) service or specialist? Who will have access to the report, at what stage, and for what use? Has an employment offer already been made? If not, does the aim of the report sit within the allowed situations under section...

How are section 278 and section 38 agreements revealed? Check the outcome of the local search and the seller’s replies to enquiries. A section 278 agreement will only be registrable as local land charges if: it has been entered into pursuant to an obligation in a s 106 agreement; or the highway authority (HA) has declared that there has been a financial default under the agreement. Section 278 agreements Section 278 agreements are used where a developer requires off-site work (other than simple access) to be carried out to a highway. The HA may design and construct the highway works at the developer’s expense. Alternatively, the agreement can appoint the developer as the HA’s agent to undertake the works, in which case a bond must support the agreement. If the developer carries out the works, a certificate of practical completion is issued once the HA engineer is satisfied that the works are complete. Following successful completion of a 12-month maintenance period,...

Purpose and scope The Early Access Service proposal builds on initiatives such as the Innovative Devices Access Pathway (IDAP), as set out by the MHRA. According to the MHRA, IDAP demonstrated the value of co-ordinated regulatory support and a clearly targeted access route for medical devices. The service will apply to innovative devices that respond to clearly defined unmet clinical needs from the NHS, or that could significantly improve patient outcomes. In its statement of intent, the MHRA indicates that the initial emphasis will be on diagnostic devices tackling the most pressing needs and supporting financial sustainability for the NHS. The MHRA has also confirmed that the Early Access Service will be underpinned by the Unmet Clinical Need Authorisation (UCNA) tool within the IDAP scheme...

In this issue: Competition and state aid Data protection and cybersecurity Environment Insurance and reinsurance Financial services IP Life Sciences TMT Daily and weekly news alerts Trackers New and updated content Competition and state aid Antitrust-Commission consults on commitments offered by Apple in Apple Pay abuse investigation The Commission has begun market testing of commitments proposed by Apple to resolve suspected dominance abuses linked to limiting access to the technology enabling in-store contactless payments on mobile devices. Refer to News Analysis: EU Competition law—daily round-up (19/01/2024). Antitrust-AG proposes Court of Justice should dismiss the Commission’s appeal in Intel Advocate General Medina delivered her opinion in Case C-240/22 Commission v Intel, which challenges the General Court’s judgment in Case T-286/09 RENV (following remittal from the Court of Justice) that partly set aside the Commission’s 13 May 2009 decision finding an infringement and levying a fine on Intel Corporation (Intel) for an...

In this issue: Commercial Competition and state aid Data protection and cybersecurity Financial services Environment Insurance and reinsurance IP Life sciences Regulatory Restructuring and insolvency TMT International Trade Daily and weekly news alerts New and updated content Commercial Temu’s practices found to breach EU consumer laws The European Commission has informed Temu that a number of its practices breach EU consumer law and has instructed the platform to bring them into line. A co-ordinated investigation by the Consumer Protection Cooperation (CPC) Network, the Commission and national authorities concluded that Temu misled shoppers with bogus discounts, pushed customers into purchases by falsely claiming limited stock and looming deadlines, and provided incomplete or inaccurate details about consumers’ rights on returns and refunds. Investigators also reported that users were forced to play a ‘spin the fortune wheel’ game to access the marketplace, that fake reviews were used, and that contact information was...

Film and TV glossary A–B Film and TV glossary E–H Film and TV glossary I–L Film and TV glossary M–P Film and TV glossary R–S Film and TV glossary T–W CAP Code for non-broadcast media The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) serves as the principal framework governing non-broadcast adverts, promotional sales activity and direct marketing messages. It is drafted by the Committee on Advertising Practice (CAP), a self-regulatory body whose membership comprises organisations representing advertising, sales promotion, direct marketing and media industries. The Advertising Standards Authority (ASA) polices the CAP Code and may require the withdrawal or amendment of any advertisement that contravenes these standards. Refer to Practice Note: Advertising law and regulation. Channel 4 Channel 4 operates as a ‘publisher-broadcaster’: it produces no programmes internally, commissioning content from production companies across the UK. Cinematograph film Under the Copyright Act 1956 (CA 1956), films gained protection as...

This Practice Note explains the approach to online applications for divorce and dissolution made on or after 1 June 2024, under FPR 2010, PD 41G, Proceedings by electronic means: certain proceedings for a matrimonial order or civil partnership order (new law). It further summarises guidance published by HM Courts and Tribunals Service (HMCTS) concerning online divorce and dissolution applications. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) commenced on 6 April 2022. Divorce or dissolution cases issued by the court on or after 6 April 2022 are governed by DDSA 2020 and by procedural amendments to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For more detail on these reforms, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Matters issued by the court on or before 5 April 2022 will continue in line with the pre-DDSA 2020 framework, whether lodged using the HMCTS online system (the online system) or by paper forms. Such applications are not affected by the commencement of DDSA 2020, nor...

CPR 52.6(2)(b) superseded rule 52.3(7)(b), and CPR 52.18 replaced rule 52.9, in October 2016. The wording was unchanged, so authorities decided before October 2016 in this field remain binding. For broader guidance on applications for permission to appeal, see the following Practice Notes: Permission to appeal—preliminary considerations Permission to appeal—the application Permission to appeal—hearing and next steps For targeted guidance on limited permission to appeal, see Practice Note: Permission to appeal—hearing and next steps—Limited permission to appeal in the Court of Appeal. Conditions on an appeal—introduction There are two principal provisions regulating conditions on an appeal: CPR 52.6(2)(b) allows the court, when granting permission on a first appeal, to impose terms—that is, to give permission subject to conditions CPR 52.18(1)(c) permits the appeal court, when considering setting aside permission or striking out an appeal notice, to impose new conditions or vary existing ones governing the bringing of an appeal Practitioners should also note...

Date [ date ] Parties [ name of Landlord ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], whose registered office is at [ address ] [ together with an address for service in England and Wales at [ address ] ] (the Landlord); [ name of Tenant ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], with its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the Tenant); [ [ name of Guarantor ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], having its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the Guarantor) ]...

Add the following as a fresh definition (if not already included) within the definitions and interpretation clause of the share purchase agreement: 1 Definitions and interpretation Warranties means the warranties listed in Schedule [ insert number ], and Warranty refers to any one of them. 1 Pre-Completion Undertakings 1.1 The Seller undertakes to the Buyer that, unless the Buyer gives prior written consent or as otherwise mandated by this Agreement, it shall ensure that, between the date of this Agreement and Completion, [ the Company shall not OR no Group Company shall ] take, perform, carry out, permit, or agree to undertake any of the following actions or matters: 1.1.1 create,...

[ Insert date ][ Insert employee’s name and address ]Private and confidential Dear [ insert name ] Consent for pre-employment medical report As outlined in our offer of employment dated [ insert date ], we wish to request a medical report from [ the Company’s occupational health service ] concerning your health, so we can determine whether you are fit to undertake the duties required for the role you have been offered [ , as set out in the job description ] . To compile the medical report, [ the Company’s occupational health service ] will need [ to carry out a medical examination of you AND/OR access to your medical records, held by your GP or consultant ] ...