Entrenched provisions meaning

What is the background to the consultation? The consultation, ‘Local Government Pension Scheme in England and Wales: Access and fairness’, released on 15 May 2025, seeks to fundamentally enhance fairness in, and access to, the LGPS. It will examine five principal areas of concern: tackling survivor pensions and death grants reducing the gender pensions gap examining the high rate of opt-outs from the LGPS strengthening forfeiture provisions delivery of the McCloud remedy What is being proposed? The document explains that some proposals offer definitive resolutions to entrenched issues (for example, securing equal survivor benefit entitlement), while others begin longer-term work (including measures to reduce the gender pensions gap). We highlight two central reforms: revisions to survivor benefits and actions to improve the gender pensions gap. Survivor benefit entitlement Currently, survivors in same-sex marriages, survivors in same-sex civil partnerships, and female survivors of opposite-sex marriages and opposite-sex civil partnerships have pensions assessed on the member’s service from...

What is a company's constitution? This Practice Note sets out what is meant by a company’s constitution in detail. It focuses on the core element of that constitution: the articles of association. It reviews the statutory definition under the Companies Act 2006, outlines the character of the articles and distils the typical provisions found in a company’s articles. The Practice Note also addresses entrenched terms within the articles and the importance of the memorandum of association...

This Practice Note offers an overview of the key legal and practical elements concerning a company’s constitution, and points to related commentary and precedents. What is a company’s constitution? Under section 17 of the Companies Act 2006 (CA 2006), a company’s constitution comprises: the company’s articles of association, and any resolutions and agreements impacting the constitution (see What are ‘resolutions and agreements’ affecting a company’s constitution? below) The CA 2006 definition is not exhaustive and, per sections 29–32, also encompasses other constitutional documents, including: the certificate of incorporation and any certificate on a change of name a current statement of capital (or, for a company limited by guarantee, a statement of guarantee) any court orders or enactments that modify the constitution or approve a compromise, arrangement, reconstruction or amalgamation Before 1 October 2009, the memorandum of association formed a core element of the constitution, but CA 2006 significantly curtailed its constitutional role (see...

This brief overview succinctly outlines the steps a company follows, in practice, when it adds, deletes or modifies its objects. For a fuller examination of the matters and procedures commonly involved in changing a company’s articles of association, refer to Practice Notes: A company’s constitution and Amending the articles of association for background and context. Objects of companies incorporated before 1 October 2009 Under the Companies Act 1985 (CA 1985) and earlier regimes, companies had to set out their objectives in the memorandum of association document. Those stated aims, termed the objects clause, limited the company’s purpose, the sorts of business it could undertake in law and the contracts it was lawfully able to enter into. From 1 October 2009, when the Companies Act 2006 (CA 2006) took effect, nearly all provisions in the memorandum of a pre‑existing company have, for statutory purposes, been regarded as part of its articles of association (capturing the objects clause within the memorandum). Accordingly, such companies retain restricted objects, as the objects...