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Legacy meaning

Published by a LexisNexis Energy expert
What does Legacy mean?
In nuclear and environmental legal practice, legacy describes historic UK nuclear sites, facilities, materials, spent fuel and radioactive wastes from earlier civil or defence programmes, and the liabilities to decommission, manage and remediate them. It is a descriptive term rather than a defined statutory term, but is widely used in regulation, policy and contracts. Under the Energy Act 2004 the Nuclear Decommissioning Authority (NDA) manages Great Britain’s designated nuclear legacy, regulated by the Office for Nuclear Regulation and the environment agencies. The nuclear legacy includes: (a) sites and facilities formerly operated by the United Kingdom Atomic Energy Authority and British Nuclear Fuels Limited, developed from the 1940s to the 1960s, together with their wastes, materials and spent fuels; and (b) the first‑generation magnox power stations designed and built in the 1960s–1970s, and the Sellafield plants used for reprocessing Magnox fuel, with all associated wastes and materials. bnfl has been wound up; responsibilities transferred to the NDA and its site‑licence companies (including Sellafield Ltd and Magnox Ltd). Magnox reprocessing at Sellafield has ceased. Practically, the term frames allocation of historic liabilities, funding, decommissioning strategies, environmental permits and contractual indemnities. Usage is broadly consistent across England & Wales, Scotland and Northern Ireland; Ireland has...
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CHECKLISTS
Archived checklist: using the legacy NCA SAR Online portal to submit SARs - registration, submission steps, post-submission obligations and support contacts (UK)

ARCHIVED: This Checklist is archived and is not being maintained. From 18 September 2023, the National Crime Agency (NCA) introduced a new SAR online portal, replacing the version described in this Checklist. For details of the current SAR reporting portal, see Practice Note: How to submit a SAR using the NCA SAR Portal. SAR Online is the NCA’s secure web-based platform for submitting suspicious activity reports (SARs) to the NCA, and it is the NCA’s preferred channel for receipt. This Checklist condensed key guidance on using the system and acted as a quick reference for submitting SARs via the now replaced SAR Online portal. For further information, see Practice Note: Authorised disclosure, protected disclosure and appropriate consent—Suspicious Activity Reports (SARs). SAR Online—key guidance The NCA’s UK Financial Intelligence Unit (UKFIU) has published user guidance for SAR Online: SAR Online User Guidance. For additional help for SAR reporters, see: UKFIU SARs Reporter Booklet. Read this alongside the UKFIU document ‘Suspicious Activity Report (SAR) Glossary Codes...

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CHECKLISTS
Legacy Renewable Heat Incentive (Great Britain): property transactions due diligence checklist—accreditation, tariffs, transferability, planning, title, funding and lender considerations

Renewable heat incentive (RHI) The RHI, applicable across Great Britain, was a government-backed programme offering financial support to encourage the use of renewable heat and biomethane, but it stopped accepting new applications from 31 March 2022. These incentives aimed to tackle barriers to uptake, notably high up-front costs and ongoing operating expenses. The scheme ran in two phases: Phase 1 launched in November 2011 for non-domestic installations in the industrial, commercial and public sectors. The non-domestic RHI closed to new applicants on 31 March 2021. Phase 2 covered the domestic RHI (formerly under the Renewable Heat Premium Payment), introduced in April 2014. The domestic RHI closed to new applicants on 31 March 2022. While both the non-domestic and domestic schemes are now closed to fresh applicants, those accredited before closure may continue receiving payments under the scheme. The non-domestic RHI was initially established under the Renewable Heat Incentive Scheme Regulations 2011 (2011 Regulations), SI 2011/2860...

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NEWS
Debarring orders confined to rate do not bar impecuniosity on hire period: credit hire and storage claims in MIB v Houston [2025] EWHC 3178 (KB), England and Wales

Motor Insurers Bureau v Houston [2025] EWHC 3178 (KB) What are the practical implications of this case? Although the outcome may catch seasoned credit hire practitioners off guard, it was driven in large part by the precise language of the debarring order in this case. The order confined any future debarring strictly to the question of rate and made no reference to reliance on impecuniosity for the hire period or for any wider purposes; appellant counsel on appeal suggested this flowed from a legacy version of a standard form. Practitioners familiar with credit hire litigation will know that, more often than not, directions orders bar a claimant from reliance on impecuniosity for all purposes following a failure to provide financial disclosure. Even so, the judgment is a clear reminder that the courts will apply the ordinary and natural meaning to the words of any order, and practitioners should take care to verify the exact wording of a debarring order in every case. That is not, however, to suggest the...

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NEWS
England Local Government Finance Settlement 2024/25–2028/29: Redistribution to Deprived Councils, Formula Reform and Council Tax Flexibilities amid Continuing Financial Strain

Local Government Finance Settlement Westminster council is set to face some of the steepest reductions in grant funding among upper-tier authorities. The government is delivering on its promise to shift resources towards areas with the greatest need, writes Stuart Hoddinott. That inevitably means some councils will receive less than they might have expected, and, with a limited pot, ministers have had to make hard choices over where the losses fall. The announcement this week on council allocations—the Local Government Finance Settlement—runs to considerable detail, yet one headline stands out. Crucially, the most deprived authorities will gain most from rising local government budgets across this parliament. From 2024/25 to 2028/29, core spending power (the funding councils have available to provide services) will rise by 24.6% in real terms for the most deprived decile of local authorities. By comparison, the 10% least deprived councils will see only a 3.4% real-terms uplift. The rationale is sound: these places typically face higher service pressures, especially costly, acute provision such as social care and...

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NEWS
Is interest due on late‑paid nil‑rate band legacies after the executor’s year? Classification and Will wording considerations

See Q&A: Is interest due on the late payment of a nil-rate band legacy paid after the end of executor's year? Numerous commentators describe a nil rate band gift as a pecuniary bequest (for example, a sum matching the deceased’s unused IHT nil rate band). Still, indeed, the question remains whether or not...

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PRACTICE NOTES
UK DTR 2: issuer obligations on disclosure, delay, control and selective disclosure of inside information—FCA/ESMA guidance, case law, COVID‑19 context and enforcement (post‑Brexit UK MAR)

Resource Note This Resource Note signposts key commentary, analysis and materials to aid interpretation and offer practical direction on using Chapter 2 of the Disclosure Guidance and Transparency Rules (DTR 2). Where relevant, it draws on: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base—Procedural and Technical notes (formal guidance binding on the FCA) FCA consultation and discussion papers, policy and feedback statements, and warnings Primary Market Bulletins and other FCA publications legacy UKLA technical and procedural notes and the UKLA’s newsletter List!, where still pertinent assimilated EU legislation EU Directives and EU Regulations, where helpful to construing a provision Lexis+® UK analysis and resources Setting the scene What it covers: DTR 2 prescribes the framework for issuers to disclose and manage inside information, supporting timely and even-handed release of market-sensitive information. It also identifies specific situations permitting a delay to public disclosure of inside information, together with the safeguards required to keep such information...

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PRACTICE NOTES
FCA, PRA and Bank of England regtech strategy: TechSprints, Digital Sandbox, digital regulatory reporting, transforming data collection (Future Banking Data), and the move away from a ‘Robo Handbook’

Scope of this Practice Note This Practice Note addresses matters linked to technology used to help firms comply with their regulatory duties—often referred to as ‘regtech’. It reviews how the Financial Conduct Authority (FCA) and the Bank of England (BoE) (including the Prudential Regulation Authority (PRA)) engage with regtech, highlights industry activity, and records both the proposal and subsequent withdrawal of an FCA ‘Robo Handbook’. It examines these facets of what has come to be known as ‘regtech’: what is regtech? the FCA’s approach FCA TechSprints digital sandbox other regulator-side developments towards a Robo Handbook industry-side developments other initiatives What is regtech? Regtech is a broad label for the use of technology to help firms discharge regulatory requirements more efficiently and effectively than legacy systems allow—and, at times, for the use of technology by regulators to support their own supervisory responsibilities. The expression is used either in contrast to, or as a subset of, fintech....

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PRACTICE NOTES
UK Tier 1 (Investor) ILR: eligibility, transitional rules, accelerated routes, source of funds scrutiny, dependants and procedure; extension deadline 17 Feb 2026; settlement deadline 17 Feb 2028

This Practice Note considers the eligibility criteria for indefinite leave to remain under the Tier 1 (Investor) category. The Tier 1 (Investor) category closed to fresh applications, without notice, from 16.00 on 17 February 2022 through Statement of Changes in Immigration Rules CP 632. Holders of existing leave on this route may still prolong their permission, including applying for entry clearance from outside the UK where they have held Tier 1 (Investor) leave at any point in the 12-month period before the application date, and may pursue settlement. Requests to extend, whether made inside or outside the UK, must be filed by 17 February 2026. Applications for indefinite leave to remain must be submitted before 17 February 2028. Specific timings for each cohort are outlined below. In line with other pre-simplification ‘legacy’ routes—and particularly as this route was partly closed due to concerns it enabled the movement of illicitly obtained wealth—both extension and settlement applications are expected to attract rigorous scrutiny. For more on the closure, see: LNB News...

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PRECEDENTS
Will precedent (England and Wales): nil-rate band discretionary trust legacy; spouse’s FLIT over residue; children as remaindermen; wide trustee powers and administrative schedules

FORTHCOMING CHANGE: Potential changes to Wills Act 1837 The Law Commission’s review of wills culminated in a final report on 16 May 2025. Volume II contains a Draft Bill proposing replacement of the Wills Act 1837. For details of these proposals, including the published draft legislation, see Practice Note: Hot topic—modernising Wills and Modernising wills: Final Report Volume II: Draft Bill for a new Wills Act. STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime The Finance Act 2025 (FA 2025), which received Royal Assent on 20 March 2025, implements the abolition of the remittance basis and introduces a residence-based regime from 6 April 2025. FA 2025 makes residence, rather than domicile, the main determinant of liability to inheritance tax. changes to the rules defining excluded property status; removal of protected settlements status for offshore trusts; and modifications to overseas workday relief. For further information, see Practice Notes: The abolition of the remittance basis of taxation...

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PRECEDENTS
Lease of bare land to telecommunications operator under the legacy Electronic Communications Code: archived precedent (England and Wales)

LR1. Date of the lease [ enter the date in full format DD-Month-Year ] LR2. Title Number[s] LR2.1 Landlord's title number [ s ] [ the title numbers from which this lease is granted. Leave blank if unregistered ] LR2.2 Other title numbers [ existing title number [ s ] against which entries relating to LR9, LR10, LR11 and LR13 are to be made ] LR3. Parties to this lease Landlord [ enter landlord's name and address ] Tenant [ enter tenant's name and address ] Other parties LR4. Property Where this clause conflicts with any other part of the lease, then, for registration purposes, this clause shall take precedence. [ enter details of the Property ] LR5. Prescribed statements etc LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban...

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PRECEDENTS
Testamentary gift for maintenance of a named animal: trust of income for up to 21 years, or legacy with pet and precatory request; capital falls into residuary estate

I leave to my trustees the sum of £[ insert amount ] (‘the gift’), to be held on trust, invested, and the income applied towards the care and upkeep of my [ describe the animal, eg dog, cat etc adding gender ] named [ insert name of animal ] for a term of [ insert period not exceeding 21 years ] from my death, provided that [ insert name of animal ] survives for that time; and upon the earlier of the death of [ insert name of animal ] or the expiry of 21 years, the fund shall revert to and form part of my residuary estate. OR I bequeath to [ insert name of beneficiary ] a legacy of £[ insert amount ] together with my [ describe the animal together with its gender ] named [ insert name of animal ] (if alive when I die), and I record my wish (without creating any binding duty on [ insert name of beneficiary ]) that [ insert name...

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View the related Q&As about Legacy

Q&As
Will gift to grandchildren at 25: IHT 10‑year and exit charges

We proceed on the basis that the default legacy will take the form of a discretionary trust in favour of the testator’s grandchildren and does not create an immediate post-death interest (IPDI) trust under section 49A of the Inheritance Tax Act 1984 (IHTA 1984). We further assume that it is not a disabled trust within IHTA 1984, s 89...

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Q&As
NRB Will Trust: Second Variation for Repayment—Tax and Non‑Tax

A nil-rate band discretionary trust A nil-rate band discretionary trust is a common method for reducing inheritance tax. It typically concerns property held by two people (most often a husband and wife as co-owners). They must own the home as beneficial tenants in common, meaning that any existing beneficial joint tenancy has to be broken. Each then executes a Will so that their share of the property, up to the inheritance tax nil-rate band, is directed not to the spouse but into a discretionary trust. The usual discretionary beneficiaries are the surviving spouse and the children. Instead of the survivor taking outright the other’s share of the property (whether by survivorship where it was a beneficial joint tenancy or by a legacy), the trust retains that share and, on the death of the survivor, the portion within the trust does not fall into the estate for inheritance tax purposes...

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Q&As
Sale costs on property gifted by Will: estate or beneficiaries?

The burden of costs in connection with legacies depends on the type of legacy. For a discussion of the various types of legacy, refer to the further reading link to Williams on Wills, Part H, Contents of Wills, Chapter 30: Legacies. From that extract, a gift of property constitutes a specific legacy if it comprises particular property that forms part of the testator’s estate at death, is described with sufficient precision to be identified, and is set apart from the testator’s estate in general...

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