Nominated sub-contractor meaning

This Checklist This Checklist highlights the different avenues for bringing a joint venture (JV) to a close or facilitating an exit, and the factors to weigh depending on the pathway chosen. For guidance on addressing a JV dispute, see Practice Note: Joint venture disputes—how to respond. For further detailed guidance on terminating joint ventures where a specially created or nominated joint venture company (JVC) is involved, see the following Practice Notes: Termination—corporate joint ventures Tax implications of operating and terminating a joint venture company Corporate joint venture dispute—dealing with deadlock: initial considerations Majority-minority joint venture dispute—a practical illustration Entering a JV relationship usually calls for significant planning and effort from the JV parties, who opt to work together for mutual advantage (often by sharing cost, resources and expertise). You will need to assess the full ramifications of ending or exiting the JV, including whether there are sound reasons to be prepared to see that investment lost if the JV is...

Do the requirements for appointing member-nominated trustees (MNTs) or member-nominated directors (MNDs) apply? Verify whether the arrangement is a trust-based occupational pension scheme. Identify whether the scheme is exempt; if it is, document the method used to reach that conclusion. Which of the requirements apply: member-nominated trustees (MNTs) or member-nominated directors (MNDs)? Determine if the trustees are individuals, a corporate entity, or a combination of both. Where trustees are individuals, or a mix of individual and corporate trustees, the MNT requirements apply. If there is a sole corporate trustee, or all trustees are corporate, the MND requirements apply. If a company acts as trustee for more than one scheme to which MND rules apply, decide whether those rules apply to it separately for each scheme, as though the schemes were a single scheme, or a blend of both approaches. The requirements Ensure at least one-third of the trustees are MNTs, or...

Reporting suspicions Checklist This Checklist consolidates duties arising from the Proceeds of Crime Act 2002 (POCA 2002) and the Terrorism Act 2000 (TA 2000) concerning the requirement to disclose knowledge or suspicion of money laundering, terrorist financing or proliferation financing. It also captures recommended good practice to help prevent money laundering and the funding of terrorism, drawn from the latest SRA Preventing Money Laundering and Financing of Terrorism thematic review (March 2018), together with a range of SRA AML reports and publications. The Checklist directs you to relevant Precedents you may adopt or tailor to meet these obligations and suggestions. A section is provided for you to record whether each step has been completed, and to add comments or note actions. For further guidance, see Practice Note: Reporting suspicions of money laundering and terrorist financing—law firms. Requirement ☐ Appoint a nominated officer — Compulsory. The nominated officer is the individual designated to receive suspicious activity reports (SARs) under TA 2000 and POCA 2002. See subtopic:...

Stage 1—preparing to bring a claim and pre-action matters Guidance on UK trade mark infringement, offences, passing off, interim injunctions, running IP disputes, privilege, dispute resolution (mediation and arbitration), and the Disclosure Scheme; plus checklists and forms (injunction, application, hearing) Stage 2—Letter before action alleging infringement Notes on infringement, passing off, unjustified threats and drafting; includes a trade mark letter of claim precedent Stage 3—commencing proceedings Procedure, defences and exceptions, IPEC flowchart, pleadings and initial disclosure precedents, and CPR/Part 36 forms Stage 4—case management Procedure and Disclosure Scheme notes, court guides (Chancery, Patents Court, IPEC and Small Claims), and case management questionnaires, Disclosure Review Document, Certificate of Compliance, budgets and directions Stage 5—disclosure and evidence Surveys and witness evidence (PD 57AC), privilege, disclosure (including electronic) and flexible trials; witness statement and Extended Disclosure precedents; affidavits, applications and certificates Stage 6—trial...

This Flowchart outlines the process for determining whether an external suspicious activity report (SAR) must be submitted to the National Crime Agency (NCA). It also covers both relevant circumstances in which a member of staff: raises a concern, and files an internal SAR with the nominated officer See further Practice Notes: Making a SAR and obtaining a defence or consent, or for law firms Making a SAR and obtaining a defence or consent—law firms, and Precedent: Submitting a SAR—information gathering sheet for reporters...

Tim SpA—Direzione e coordinamento Vivendi SA v Consip SpA, Ministero dell’Economia e delle Finanze Case C-395/18 What are the practical implications of this case? General implications This ruling is expected to trigger reconsideration of national procurement laws across EU Member States that impose automatic, rather than discretionary, exclusions. Under Article 57(4) of Directive 2014/24/EU, contracting authorities may choose to bar tenderers shown to be unreliable—for example due to breaches of environmental or social duties, including accessibility rules for disabled persons (Article 57(4)(a)). Member States may transpose these grounds with differing levels of rigour, provided the conditions align with general EU law (paras [33] and [34]). The Court of Justice delineated the scope of that discretion by confirming that Member States may require contracting authorities to exclude bidders for infringements of social and labour law committed by their nominated sub-contractors, so long as the exclusion is not automatic. Implications for UK public procurements In keeping with the UK’s ‘copy out’ method for transposing Directive 2014/24/EU, the...

In this issue: Education Social care Children’s social care Social housing Healthcare Governance Public procurement Local government finance LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content New Q&A Education Dismissal of appeal against SSE’s prohibiting order on teaching issues concerning Christian faith and use of pronouns for students (Sutcliffe v SSE) The Administrative Court in Sutcliffe v Secretary of State for Education [2024] EWHC 1878 (Admin) permitted the appellant additional time, yet dismissed his appeal against the Secretary of State’s decision to issue an order preventing him from teaching on matters where his Christian convictions clashed with his professional responsibilities towards the children in his class. The proceedings arose from conduct by a teacher who knowingly used female pronouns for a transgender male pupil (A) in lessons and later on national television, doing so in a way that resulted in A being ‘outed’, with no...

ELA USA, Inc v The Republic of Estonia 2018-42 PCA The tribunal’s award was sent to the parties on 21 February 2025. Its online release was publicised on 30 March 2025 in a press statement issued by claimant ELA USA Inc. The tribunal was made up of Judge Bruno Simma as presiding arbitrator, Professor Hélène Ruiz Fabri, nominated by ELA, and Judge Peter Tomka, nominated by Estonia. Seaport investment From around 1996, ELA, a commodities trading enterprise, began investing in a seaport in Tallinn, Estonia, known locally as Lennusadam, via four partly indirect subsidiaries. Having used other Estonian ports for its trading, ELA considered it could grow by obtaining a port of its own. In 1997, it concluded two 20-year leases for the seaport’s use. Around that period, Estonia contended that the seaport had become state property after the collapse of the Soviet Union, and in 1997 commenced court proceedings in Estonia asserting title to the seaport. Over the ensuing years, ELA continued to commit funds to...

ARCHIVED: This archived Practice Note outlines and summarises the data protection regime in place before 25 May 2018 and describes the position under the Data Protection Act 1998 (DPA 1998). It is supplied for background purposes only and therefore is not kept up to date. The Note deals specifically with the DPA 1998’s applicability and territorial reach. When assessing whether the DPA 1998 applies, consider the following key points: the nature of the data being processed—the DPA 1998 strictly applies only to processing of personal data; other information (eg statistical material or data that does not relate to an identifiable person) is outside scope where the data controller is established—the DPA 1998 applies only to data controllers established in the UK who process personal data in the context of that establishment...

This Practice Note sets out advice for law firms on responding to client account fraud and outlines the applicable legal and regulatory duties. Client funds are inviolable and their careful stewardship is essential and paramount. What is client account fraud? A firm suffers client account fraud where money is unlawfully taken from its client account. Immediate steps to take Act swiftly to limit harm in the immediate aftermath of client account fraud. Do everything possible to prevent further loss and disruption promptly. Form a fraud response team and appoint someone to lead the incident without delay; suitable choices include: the compliance officer for finance and administration (COFA) the finance director the compliance officer for legal practice (COLP) the nominated officer the senior partner another appropriately senior person within the firm The SRA warning notice, Money missing from client account, states that if you discover that funds are missing, you must take steps to ensure...

This Practice Note examines the Engineer’s role under the FIDIC Red and Yellow Books 2017. For further detail on these forms, please see the Practice Notes: FIDIC contracts—introduction to the Red Book 2017 and FIDIC contracts—introduction to the Yellow Book 2017. The FIDIC Silver Book 2017 features an ‘Employer’s Representative’ rather than an Engineer and is outside the scope of this Practice Note (see Practice Note: FIDIC contracts—introduction to the Silver Book 2017). For guidance on the Engineer’s function under the FIDIC Red and Yellow Books 1999 and the FIDIC Pink Book 2010, consult Practice Note: FIDIC contracts (pre-2017 editions)—the role of the Engineer. Who is the Engineer? Under Sub-Clause 1.1.35, the Engineer is the person named in the Contract Data and appointed by the Employer to act as Engineer for the purposes of the Contract, including any successor appointed pursuant to Sub-Clause 3.6 [Replacement of an Engineer]. It also forms part of the ‘Employer’s Personnel’ as defined in Sub-Clause 1.1.3.2. In the 2017 Red and Yellow Books,...

Suggested email to arrange counterpart completion with other solicitors SUBJECT: [ Transaction Name OR Details ] – Completion Arrangements We write to outline, for the purposes of these arrangements, our intended approach for arranging the signing and delivery of the documents required for the anticipated completion of [ insert details ]. We confirm that [ insert firm name ] is prepared to serve as nominated person pursuant to section 2(1) of the Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (the Act), and, as agreed, section 2(3) of the Act is hereby excluded and will not apply to these Completion Arrangements...

1 Introduction This role description and profile concerns the combined post of Deputy Money Laundering Compliance Officer (MLCO) and Deputy nominated officer (nominated officer). Any references to MLR 2017 relate to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692, as amended. 2 MLCO/nominated officer role holder details Firm name [ Insert firm name ] Name of Deputy MLCO/nominated officer [ Insert name ] Reports to: MLCO/nominated officer [ Insert name of MLCO/nominated officer ] Working pattern ☐ Full time ☐ Part time Details of any additional positions within the firm [ Insert details ] Date of appointment by the firm [ Insert date ] 3 Role summary 3.1 Serve as deputy to the firm’s MLCO/nominated officer...

1 Instructions on completing this form If while carrying out Client Due Diligence (CDD) checks, or through your ongoing monitoring duties as part of your obligations once a business relationship is already in place, you identify a material discrepancy between the beneficial ownership details supplied by the client and those appearing on the relevant registers (eg the Companies House register), you must complete this form and forward it to the [ state who the form should be sent to, eg nominated officer, head of risk, compliance officer ]...

When is grossing up required? For guidance on when grossing-up is needed, see Practice Note: Grossing up and partly exempt estates, particularly the section entitled 'When is grossing up required?'. Note that on death, if the residuary estate passes wholly to non-exempt beneficiaries, grossing up does not arise, whether or not any specific legacy is tax-free or chargeable. Where a specific legacy is tax-free, the nominated sum or item is delivered as given and the relevant IHT is paid from the estate in the usual manner; the residuary estate is then calculated. If grossing up applies and the combined amount of all specific gifts (both chargeable and exempt) exceeds the value transferred, i.e. the free estate for IHT, section 37(2) of the Inheritance Tax Act 1984 operates to reduce specific gifts so far as required to bring them down to the value transferred. See: IHTM12086, IHTM12088 and IHTM26180 (which sets out computations where abatement is triggered by grossing up). Further reading: Practice Note:...

We proceed on the basis that the pension scheme in question is a defined benefit scheme and that the former MND is a member. Whether the former MND should first contest the outcome of the MND election through the pension scheme’s internal dispute resolution procedure, or complain straight to the Pensions Regulator, depends on the nature and seriousness of the breach...

Compulsory acquisition of landlord’s interest by tenants of flats Under Part III of the Landlord and Tenant Act 1987 (LTA 1987), qualifying long-lease flat owners may compel transfer of the landlord’s interest to a nominated person where: the landlord has breached duties to repair, maintain, insure or manage the building; or the building has been managed for at least two years by a manager appointed under LTA 1987, Part II. For criteria and procedure for an acquisition order, see Practice Note: Compulsory acquisition of landlord’s interest by tenants of flats. When deciding to bring an acquisition order as a standalone claim or within a defence and counterclaim, CPR 20.9 applies. The court considers whether to permit an additional claim, dismiss it, or require it be determined separately from the claimant’s claim. Factors may include: the connection between the additional claim and the claimant’s claim against the defendant; whether the additional claimant seeks substantially the same remedy...