Means and includes meaning

HMRC guidance on compromises using Part 26 schemes and Part 26A restructuring plans In corporate insolvencies, HMRC commonly ranks as a secondary preferential and/or unsecured creditor (see Practice Note: Waterfall of payments—a comparative guide), a status that often serves as the relevant comparator or alternative to a Part 26 scheme or a Part 26A restructuring plan. On 1 November 2023, HMRC issued guidance covering compromises under Part 26 schemes (see: Schemes of arrangement—overview) and Part 26A restructuring plans (see: Restructuring plan—overview) (see: HMRC publishes guidance on using debt management schemes to restructure finances—LNB News 15/11/2023 13). Practitioners should take account of this guidance whenever a proposed scheme/plan includes HMRC as a creditor. HMRC will only back a restructuring where it considers there is a realistic prospect of success. If HMRC does not consider success realistic, it will engage with the scheme/plan proponent to explore other means of repaying HMRC’s debt, which may involve a formal insolvency process. The debtor must have submitted all outstanding...

The circumstances in which an incumbent office-holder needs to resign from their appointment are: ill-health retiring as, or stopping practice as, a licensed insolvency practitioner (IP) a conflict of interest, or a shift in personal circumstances, that prevents or renders impracticable the continued performance of duties Examples include curtailment or withdrawal of the IP’s licence to act, the IP changing firm with appointments not transferring, or alternative arrangements being put in place for those appointments. This Checklist should be read alongside the Checklist on the block transfer of office-holder appointments: Procedure for block transfers of office-holder appointments—checklist, as a block transfer order can often be the speediest and most economical means of addressing the situation. Further guidance appears in the Practice Note: Block transfer orders—the law and practice. An office-holder can also be displaced by creditors, which may need to be factored in. For more detail, see: Removal of an office-holder—checklist. While the various insolvency regimes share broadly...

Overriding principles The DMCC’s core requirement is that a product’s “total price” must be shown prominently in every invitation to purchase (ITP). (For what constitutes an ITP, see here.) The total price covers all amounts the consumer will inevitably pay, which therefore includes any compulsory delivery charges. There is a limited DMCC exception. Where, owing to the nature of the product, a compulsory delivery charge cannot reasonably be worked out in advance, every ITP must explain how that charge will be calculated. This explanation must appear with the same prominence as the total price and must enable the consumer to determine the overall cost. Typically, equal prominence means placing this information beside or immediately below the total price. Before relying on this carve‑out, traders should be satisfied that the compulsory delivery charge genuinely cannot be calculated beforehand. The CMA has indicated that the exception will be applied narrowly...

See Q&A: Do the FCA and the SRA use the same metrics when judging PEPs? Under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, a politically exposed person (PEP) is an individual entrusted with prominent public functions, excluding those who are middle-ranking or in more junior posts. Family member includes: the PEP’s spouse or civil partner the PEP’s children, and the spouses or civil partners of those children the PEP’s parents A known close associate means: a person known to share joint beneficial ownership of a legal entity or legal arrangement with a PEP, or otherwise to have close business relations with a PEP a person with sole beneficial ownership of a legal entity or legal arrangement that is known to have been established for a PEP’s benefit Prominent public functions include: heads of state, heads of government, ministers,...

Charge My Street Ltd v HMRC [2026] UKFTT 318 (TC) VATA 1994, Sch 7A, Group 1, Note 5 states that supplies attract the reduced rate where they are always for domestic use. Note 5(g) concerns a supply of electricity to a person at any premises where the electricity—together with any other electricity delivered to that person at the premises by the same supplier—was not provided at a rate exceeding 1,000 kilowatt hours per month. HMRC argued that the phrase “to a person at any premises” means the supply must be made at that person’s own premises, which must include a building. The FTT rejected that interpretation, explaining that: on its ordinary, natural construction the requirement is that...

Why are construction products regulated? Construction products are regulated to: confirm that any item entering the market meets all legal obligations, and build trust among consumers, public authorities and manufacturers regarding product conformity What sort of products are affected? ‘Construction product’ means any product or kit manufactured and placed on the market for permanent incorporation in construction works, or their parts, where its performance affects how those works satisfy the basic requirements. This includes items such as doors, windows, shutters and gates, membranes, thermal insulation, chimneys and flues, sanitary appliances, fire alarms, flooring, fire-retardant products, space heating appliances, power cables, glass, fixings, and many others. Key definitions Placing on the market ‘Placing on the market’ is the first time a construction product is made available on the GB market, as described in UK government guidance. Making available on the market ‘Making available on the market’ means any supply of a construction product for distribution or use...

Justification—the ‘justification defence’ This Practice Note explores the concept of justification—often termed the ‘justification defence’—within discrimination under the Equality Act 2010 (EqA 2010). It addresses what may amount to a proportionate means of achieving a legitimate aim. It assesses proportionality in cases of indirect discrimination (EqA 2010, s 19(2)(d)), including where the objective is to prevent discrimination linked to other protected characteristics. It reviews the notion of a provision, criterion or practice (PCP) and considers issues arising in relation to direct and indirect age discrimination (EqA 2010, s 13(2)) and the Heyday case. In doing so, it evaluates objective justification, defence (no discrimination), the burden of proof, the approach a tribunal should adopt, and circumstances where discrimination rights come into conflict. This Practice Note includes references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law. Domestic measures enacted to fulfil UK obligations under...

What is the aggregates levy? HMRC administers an environmental tax, the aggregates levy, on the commercial exploitation of aggregates across the UK. When does the levy apply? The levy becomes chargeable when both conditions below are satisfied: there is a taxable aggregate, and that aggregate is commercially exploited within the UK There are pending amendments to Finance Act 2001, s 16(2) to substitute ‘the United Kingdom’ with ‘England, Wales or Northern Ireland’ under Scotland Act 2016, s 18(3). The Act received Royal Assent on 23 March 2016, but the commencement date has not yet been appointed, and it is expected to change in line with the introduction of Scottish Aggregates Tax from 1 April 2026. Meaning of taxable aggregate Aggregate Aggregates means: rock gravel sand It also includes substances incorporated within, or naturally occurring alongside, those materials, such as spoil, waste, off-cuts and other by-products. Taxable aggregate ...

Definitions Environment Environment means any or all of the following media: (a) air, including the air inside buildings or other structures, whether located below or above ground; (b) land, comprising soil and sub‑surface land; (c) water, covering surface water and groundwater; and includes any ecological systems or living organisms, humans included, that are sustained by those media...

Insert the following definitions as new definitions into clause 1 of Precedent: Asset purchase agreement—short form: 1 Definitions and interpretation Sanctioned Activity • means any act subject to sanctions imposed by the Sanctioning Body; Sanctioning Body • includes the United Kingdom, United States of America, European Union, plus any other relevant local, national or multinational governmental agency, ministry, official parliament, public or statutory person, or any governmental or professional body, regulator or supervisory authority, board or other entity charged with imposing and/or administering sanctions; Sanctioned Entity • denotes any individual or organisation that is, or that is owned or controlled ...

Part 1, interpretation and limitation of liability Unless the context requires otherwise, these articles use terms defined in the Companies Act 2006 (and any amending or subordinate legislation) and within these articles. Defined terms include: address; articles; bankruptcy (including similar overseas procedures); chair and chair of the meeting (articles 13 and 30); Companies Acts; director (including anyone acting as such); document (including electronic); electronic form/means and hard copy form; instrument; member; ordinary and special resolutions; eligible director; participate; proxy notice; relevant officer (non‑auditor officers of the company or any group undertaking, present or former); subsidiary; and writing (any visible representation, including electronic) The model articles are excluded. Unless otherwise stated, statutory expressions bear the meaning they had when these articles became binding. References to legislation include any modification, re‑enactment or replacement. Singular includes plural and vice versa; masculine includes feminine and neuter; persons include corporations Each member’s liability is limited to £1, payable on a winding up while a member or within one year of ceasing, towards:...

Q&A In this Q&A, the tenant is termed the immediate tenant, while the intended subtenant is called the proposed tenant. Any subtenants of the proposed tenant are described as potential subtenants. As the exact text of the lease covenants is unknown to us, we proceed on the basis that the prohibition covenant mirrors that in Nemcova v Fairfield Rents, under which the lease obliged occupants not to use the premises for any unlawful or immoral purpose, and ‘for any purpose whatsoever other than as a private residence’. We also proceed on the basis that the alienation clause includes a requirement for the immediate tenant to adhere to the provisions set out in the superior lease in full...