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Discriminatory Change in Law meaning

What does Discriminatory Change in Law mean?
Discriminatory Change in Law describes a change in legislation, regulation, binding guidance or a court/tribunal decision that is targeted at the particular project, at project co in its capacity as Project Co, or at a narrowly defined class of comparable projects/contractors, rather than applying to the market or public at large. It is a contractual (not statutory) expression used across PPP/PFI, concession and project finance documentation in England & Wales, Scotland, Northern Ireland and Ireland; precise scope turns on the change in law clause. Key features and use: - Distinct from a General Change in Law (affecting everyone) and often from a Specific Change in Law (affecting a broader sector). Discriminatory requires a targeted effect on the Project or Project Co. - Typically allocates risk to the authority, entitling Project Co to compensation, relief from performance and/or extensions of time. - Commonly excludes changes contemplated at contract signature and those resulting from Project Co’s acts or defaults. Practical points: check whether taxes, permits and regulatory determinations are included; whether “applies to Project Co as Project Co” wording is used; and whether similar projects are included in (or excluded from) any defined class. Usage and effect are broadly consistent across the UK and...
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NEWS
Local government weekly legal highlights: cases, legislation and policy across procurement, children, education, licensing, housing, governance, finance, environment and planning (England and Wales), 13 February 2025

In this issue: Public procurement Children's social care Education Licensing Social housing Local authority prosecutions Governance Local government finance Social care Environmental law and climate change Planning Daily and weekly news alerts New and updated content Public procurement CCS launches new procurement tools for electric vehicle infrastructure Crown Commercial Service (CCS) has rolled out a toolkit to help local authorities navigate procurement for electric vehicle infrastructure (EVI). Developed with the Department for Transport and other collaborators, the package includes configurable template documents for open-market procurement of on-street EVI services, together with draft terms and conditions. The materials are designed to reduce complexity, reflect government guidance and reinforce good practice. In addition, CCS has produced a distinct set of documents to cater for the upcoming Procurement Act 2023 regulations, which will apply from 24 February 2025, enabling compliance with the present and future regimes. See: LNB News 11/02/2025 17 and LNB...

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NEWS
Weekly local government law update: Procurement Act 2023 go-live, key cases and guidance on finance, children’s social care, education, housing and environment—27 February 2025

In this issue: Public procurement Local government finance Children's social care Education Social housing Social care Environmental law and climate change Daily and weekly news alerts New and updated content Latest Q&A Public procurement Procurement Act 2023 ‘go live’—what happens next? From 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) took effect. Procurements started on or after that date must proceed under PA 2023, while those commenced beneath the earlier legislation (including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be run and administered pursuant to that earlier legislation and regime. This analysis sets out some of the principal details and developments, with practical tips and insights from expert contributors to our guidance on PA 2023. See News Analysis: Procurement Act 2023 ‘go live’—what happens next?...

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View the related Practice Notes about Discriminatory Change in Law

PRACTICE NOTES
UK Digital Services Tax (FA 2020): scope, in‑scope activity definitions, UK user attribution, calculation and safe harbour, cross‑border reliefs, anti‑avoidance, and Pillar One transition uncertainty

FORTHCOMING CHANGE relating to the future withdrawal of DST : Following OECD-led talks that produced a political accord on a two‑pillar solution in October 2021, the UK reached an understanding with the US, Austria, France, Spain and Italy to move away from DST towards the new global tax regime, using a transitional DST credit system. Under the arrangement, the UK would retain DST receipts until Pillar One became operational and, once in force, companies could credit against future UK corporation tax the difference between DST paid from January 2022 and the amount that would have arisen had Pillar One applied instead. In exchange, the US, which regards digital services taxes as discriminatory towards US companies, agreed to withdraw proposed retaliatory tariffs on certain US imports from the other five countries, and undertook not to pursue additional trade measures against those states because of their digital services taxes until the interim period concluded. This understanding was subsequently extended by all six countries to 30 June 2024, from an original end...

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PRACTICE NOTES
Retirement and Age Discrimination in Employment: EJRA Justification, Dismissal, Benefits and Pensions (Great Britain)

This Practice Note This Practice Note reviews legal questions linked to retirement from employment, such as age discrimination, the justification for a compulsory retirement age and dismissal. It also touches on practical aspects of retiring, including flexible routes, workplace conversations, underperformance, illness, health and safety, insured benefits, pensions and employee share schemes. From October 2006, the Employment Equality Act (Age) Regulations 2006: made age-based discrimination against workers, employees and others unlawful introduced a default retirement age (DRA) of 65 for employees treated retirement as a potentially fair reason for dismissing an employee The DRA was later removed and the related statutory retirement procedures repealed from 6 April 2011. The government explained this change was to ensure no one lost the chance to work merely because they had reached a certain age. Consequently, the ‘retirement age’ is now typically set by the individual, ie the age at which they elect to retire. Some employers nevertheless keep, or have brought in, a...

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PRACTICE NOTES
UK Digital Services Tax: administration, compliance and HMRC enforcement—responsible member, registration, returns, records, enquiries, assessments, penalties, group payment notices; transitional credit and prospective withdrawal amid OECD Pillar One uncertainty

FORTHCOMING CHANGE relating to the future withdrawal of DST : Following OECD-led talks culminating in a political accord on the two-pillar solution in October 2021, the UK reached an arrangement with the US, Austria, France, Spain and Italy to move away from the DST towards the new global tax framework, using a transitional DST credit mechanism. Under this arrangement, the UK would retain all DST receipts until Pillar One becomes operational and, once Pillar One applies, companies could offset against future UK corporation tax the difference between DST paid from January 2022 and the amount that would have been due had Pillar One applied instead, as credit against their future UK corporation tax bill. In exchange, the US—regarding digital services taxes as discriminatory towards US businesses—agreed to withdraw proposed retaliatory tariffs on certain US imports from the other five countries, and pledged to refrain from further trade measures against them over their digital services taxes for the length of the interim period. This understanding was prolonged by all six...

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