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Mandatory approval meaning

What does Mandatory approval mean?
In pensions practice, “mandatory approval” described the pre‑A‑Day Inland Revenue/HMRC approval that had to be granted to an occupational pension scheme which met the prescriptive benefit limits in section 590 of the Income and Corporation Taxes Act 1988. A section 590 scheme could not provide a pension of more than 1/60th of final remuneration for each year of service, and any commutation of that pension for cash could not exceed 3/80ths of final remuneration for each year of pensionable service. The term arose from statute and HMRC practice and is now obsolete for new arrangements: from A‑Day (6 April 2006), the Finance Act 2004 introduced the “registered pension scheme” regime, replacing the former approval categories. The concept remains relevant when construing legacy scheme rules, historic accrual and commutation limits, and assessing transitional protections or past tax treatment. Usage is UK‑specific (England & Wales, Scotland and Northern Ireland). In Ireland, pension schemes require Revenue approval under the Taxes Consolidation Act 1997, but “mandatory approval” is not a term of art and the UK section 590 limits do not apply.
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CHECKLISTS
Building Safety Act 2022 (England): Higher-Risk Buildings—Building Safety Regulator application document content and form for building control approval and completion certificates—checklist

This Checklist This Checklist outlines the standards that must be satisfied for the documents accompanying applications for building control approval and for applications for completion certificates submitted to the Building Safety Regulator (BSR). These applications relate to the construction of a new higher-risk building (HRB), or to works affecting an existing HRB. For guidance on determining whether a building qualifies as an HRB, see Practice Note: Building Safety Act 2022—what is a higher-risk building?). Where works concern an HRB, it also ensures compliance with the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (HRB Procedures Regulations), SI 2023/909, reg 31(1). This Checklist focuses on the expected form and substance of the documents cited within the application, rather than itemising which documents must be submitted with the application itself or retained and updated as part of the ‘golden thread information’. For broader information on construction and occupation duties for HRBs, see Practice Notes: Building Safety Act 2022—design and construction requirements of the higher-risk building regime and Building Safety Act 2022—higher-risk buildings...

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NEWS
Peru’s Lima Chamber of Commerce (CCL) Arbitration Rules 2025: key changes, gaps and risks—award scrutiny, multi‑party appointments, fixed procedural calendars, and extended time limits for State parties

On 1 March 2025, the updated Arbitration Rules of the Arbitration Centre of the Lima Chamber of Commerce (the CCL Arbitration Rules 2025) took effect. This version adds provisions aligned with international best practice and the frameworks of leading arbitral institutions. Nonetheless, the regulation seems unfinished: gaps remain that should be closed to secure predictable and efficient CCL-administered arbitrations. This article examines the key changes on scrutiny of awards, residual appointment of arbitrators, procedural calendars, and time limits. Scrutiny of the award In step with institutions such as the International Chamber of Commerce (ICC) and the Singapore International Arbitration Centre (SIAC), the CCL Arbitration Rules 2025 create a scrutiny process for arbitral awards. This acts as a quality control tool, aimed at lowering annulment risk by ensuring the award’s formal and substantive robustness. Scrutiny is not mandatory; it depends on the parties’ agreement and the CCL’s approval. The Rules do not specify criteria for accepting or refusing scrutiny, leaving the choice to the CCL’s discretion...

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NEWS
Wales’ higher-risk buildings regime from 1 July 2026: gateway approvals, change control, timelines, offences and transitional provisions under the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025

The Welsh Regulations, SI 2025/1321, implement the detailed procedural framework that governs the design, construction and completion of higher-risk buildings in Wales. They give procedural effect in Wales to the higher-risk buildings (HRB) regime created by BSA 2022, Pt 3, adapted for the Welsh building control system. What is the purpose of the Welsh Regulations? This article outlines, in practical terms, what the Welsh Regulations introduce, including: a mandatory gateway approval process heightened information and declaration obligations controls on changes to design and construction bans on commencing works or occupying an HRB without regulatory consent It concentrates on how the Welsh Regulations operate, upon whom obligations are placed, when they apply, and the legal consequences of non-compliance. The Welsh Regulations take effect on 1 July 2026 and apply to applicable building work that either begins after that date or is sufficiently advanced to trigger the transitional arrangements in Schedule 3. Although aligned with the Building (Higher-Risk Buildings Procedures)...

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NEWS
England and Wales PI & Clinical Negligence weekly update: whiplash tariff increase, key RTA/employer’s liability and disclosure rulings, CPRC minutes, DHSC health information standards—27 March 2025

In this issue: Road traffic accidents Employer’s liability Evidence and disclosure Civil procedure rule committee minutes Other PI and Clinical negligence news LexTalk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Useful information Road traffic accidents Draft regulations introduced to increase whiplash compensation tariffs The Ministry of Justice has presented the draft Whiplash Injury (Amendment) Regulations 2025 to Parliament, suggesting a 15% uplift to the fixed-tariff awards for whiplash lasting up to two years. Subject to parliamentary approval, the revised figures will take effect for injuries sustained on or after 31 May 2025. The adjustment reflects Consumer Prices Index movements since 2021 and builds in an inflation cushion through to 2027. The 2021 tariff will continue to govern accidents before 31 May 2025. See: LNB News 21/03/2025 32 and LNB News 21/03/2025 22. Court allows the Commissioner of the Police for the Metropolis to be added...

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PRACTICE NOTES
Thailand Foreign Investment Regime: Foreign Business Act restrictions, licensing routes (FBL/FBC), exemptions, review criteria, penalties, and interaction with merger control

1. What is the applicable legislation? The primary statute applicable to foreign direct investment (FDI) is the Foreign Business Act B.E. 2542 (A.D. 1999) (the FBA). The FBA regulates business activities undertaken by foreign individuals or entities in Thailand. Under the FBA, a “foreigner” is defined as: an individual who does not hold Thai nationality a juristic person not registered in Thailand a juristic person incorporated in Thailand where foreign ownership represents one-half or more of the total shares and/or registered capital a limited partnership or ordinary registered partnership whose managing shareholder or manager is a foreign national The FBA identifies business activities that foreign persons or entities are restricted from, or barred from, conducting in Thailand. These activities are grouped into three lists under the FBA: List 1: businesses that foreign nationals are completely prohibited from undertaking List 2: businesses that foreign nationals may carry on only with a foreign business licence from the...

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PRACTICE NOTES
DPAs in England and Wales: mandatory content, Statement of Facts, publication, financial penalties, monitoring, co-operation and parent undertakings

What must a DPA contain? The statutory rules defining the contents of a Deferred Prosecution Agreement (DPA) appear in paragraph 5 of Schedule 17 to the Crime and Courts Act 2013 (CCA 2013). They prescribe two mandatory requirements and seven suggested terms; the latter are indicative rather than exhaustive, and the parties may agree further suitable provisions. The list of suggested terms is expressly non-exhaustive. Accordingly, the basis of the DPA and its detailed contents should be expressed with clarity, set out clearly and simply, and then put before the court for its consideration and approval. The decision in Guralp Systems Ltd v Director of the Serious Fraud Office highlights the consequences of failing to articulate DPA terms plainly and succinctly. Other appropriate terms may likewise be incorporated by agreement. Mandatory terms of a DPA Every DPA must include a Statement of Facts relating to the alleged offence. That statement can, but need not, record admissions by the organisation; this is not compulsory. See further below: DPA—Statement...

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PRACTICE NOTES
UK post‑Brexit: Temporary Permissions Regime and Temporary Marketing Permissions Regime—scope, compliance and exit (TPR ended 2023; TMPR for EEA UCITS extended to 2026)

Temporary permissions regime (TPR) and temporary marketing permissions regime (TMPR) This Practice Note examines the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA)/Bank of England (BoE) temporary permissions regime (TPR) and the temporary marketing permissions regime (TMPR), introduced at the close of the implementation period following the UK’s exit from the EU. The TPR has concluded (31 December 2023). In contrast, the TMPR for EEA UCITS remains operative and has been extended to 31 December 2026 to aid transition to the Overseas Funds Regime (OFR). These arrangements allowed EEA passporting firms and funds to continue UK activities for a limited duration after the implementation period while pursuing full UK authorisation or recognition. The European Union (Withdrawal) Act 2018 (EU(W)A 2018), as amended by the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), enabled ratification and domestic implementation of the Withdrawal Agreement between the UK and the EU. The Withdrawal Agreement set the framework for the UK’s departure, including a transition period (termed by the UK government the ‘implementation...

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