Negotiated procedure meaning

Brexit highlights Brexit SIs Post-Brexit guidance Constitutional and administrative law Public procurement Projects and infrastructure Equality and human rights Judicial review Subsidy control and state aid Information law Central government pensions Other Public Law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information UK-EU Common Understanding—what is on the horizon for the energy sector? At the UK–EU summit on 19 May 2025, the UK government agreed the UK–EU Common Understanding, with specific focus on energy. Part 4, titled ‘strengthening our economies while protecting our planet and its resources’, addresses three energy themes: (1) energy co-operation, notably possible participation in the EU internal electricity market; (2) technical and regulatory engagement on emerging technologies; and (3) linking the UK and EU emissions trading schemes (ETS). Although it does not determine the ultimate legislative or regulatory settlement, the Common Understanding captures the outcomes...

STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procedures started under the earlier instruments—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and administered in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the standing and interpretation of assimilated law, see Practice Note: Assimilated law. Public procurement reform The UK public procurement framework stems from EU public procurement law, and was consequently affected by the UK’s exit from the EU, albeit only to a limited degree. In substance, the UK regime continues largely...

This Practice Note explores the issues that may arise when the sponsoring employer(s) of a pension scheme becomes the subject of a ‘pre-packaged administration’ (also referred to as a pre-pack administration or simply a ‘pre-pack’). Pre-packs involve selling an insolvent company’s business and/or assets under terms negotiated and settled before the company enters administration, with completion taking place straight after the administrator’s appointment or very soon after. What is an administration? An administration is an insolvency procedure intended to promote, where possible, the rescue of companies in financial distress (or at least their underlying businesses) and to avoid the necessity of liquidation if at all possible. First introduced in 1986, administrators—who are a type of insolvency practitioner—have powers to oversee administrations. The ambit of administration was expanded in 2003 to further encourage a ‘rescue culture’. Reforms included an automatic moratorium preventing enforcement of security and certain other creditor actions without the administrator’s consent or the court’s leave. From a pensions standpoint, a key point is that appointing an...

Notice to show cause application If one party believes an agreement has been concluded (usually about the parties’ financial arrangements), or accepts an agreement existed but the other now seeks to resile from it, the party relying on that agreement may apply for the other to show cause why an order should not be made reflecting its terms. a pre-nuptial agreement—see Practice Note: Implications of pre-nuptial agreements within proceedings for financial provision a post-nuptial, separation or maintenance agreement—see Practice Note: Implications of maintenance, separation and post-nuptial agreements within proceedings for financial provision an agreement reached following arbitration—see Practice Notes: Family arbitration—introduction and Family arbitration—the role of the courts a negotiated agreement, whether within or outside financial remedy proceedings—see Practice Note: Action on reaching agreement prior to final hearing Historically, a notice to show cause application has been known as a ‘Dean summons’, after the case of Dean in which, shortly after signing, the wife changed her mind and sought to...