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In this issue: Governance Planning Social housing Children’s social care Social care Healthcare Education Environmental law and climate change Local government finance Daily and weekly news alerts New and updated content Governance Equality Act 2010 provisions refer to biological sex, regardless of gender recognition certificate (For Women Scotland v Scottish Ministers) The Supreme Court ruled that, within the Equality Act 2010 (EqA 2010), the words ‘man’, ‘woman’ and ‘sex’ denote biological sex. Treating the relevant provisions as embracing ‘certificated sex’ by virtue of a gender recognition certificate (GRC) would render them incoherent and unworkable, and thus cannot be done. For sex discrimination claims, an individual has the protected characteristic of biological sex only. The relevant parts of the EqA 2010 fall within section 9(3) of the Gender Recognition Act 2004 (GRA 2004), and so displace the section 9(1) rule that a person with a GRC is, for all purposes, of the acquired...
Brexit headlines Defra sets out scope of legislative alignment under UK-EU SPS Agreement The Department for Environment, Food & Rural Affairs (Defra) has outlined the EU legislation it considers to sit within the scope of the proposed UK‑EU Sanitary and Phytosanitary (SPS) Agreement. The statement confirms the government’s intention to seek legislative alignment with EU rules, including dynamic alignment, to lessen administrative burdens and reduce costs associated with agrifood trade. It indicates that, in most cases, alignment is anticipated to substitute for, rather than add to, current domestic requirements, despite the limited divergence since EU exit. Defra also signals that the referenced EU measures, together with related implementing and delegated acts, presently set the expected boundaries of the agreement’s scope, and that further updates and detailed guidance for businesses will be issued following the conclusion of negotiations...
What are the practical implications of the case? As the Supreme Court recognised, the most immediate and concrete consequences of this ruling will be experienced in Northern Ireland, where both government and educators will have to review how religious teaching and worship are delivered in practice, and the practical workability and accessibility of opt‑outs, so as to secure compliance with A2P1. Looking more widely, the Court’s judgment—particularly its endorsement of the European Court of Human Rights’ ruling in Folgerø v Norway (2007) 46 EHRR 47 (not reported by Lexis+® UK)—makes clear that merely providing opt‑outs from specified religious education or school practices will, taken alone, seldom avert a breach of A2P1 if those religious components of the curriculum are not communicated to pupils in an objective, critical and pluralistic way. What was the background? The case concerned JR87, a child enrolled at a controlled, grant‑aided primary school in Belfast. Whilst attending the school, JR87 participated in Christian religious education and in collective worship in accordance...
Banking regulation—Luxembourg—Q&A guide This Practice Note provides a jurisdiction-specific Q&A on banking regulation in Luxembourg, published in the Lexology Getting the Deal Through series by Law Business Research (law stated as at 7 February 2023). Authors: Loyens & Loeff—Adrien Pierre; Vanesa Gomez Pena. 1. What are the principal governmental and regulatory policies that govern the banking sector? Luxembourg is a leading financial centre, so nurturing the financial industry is a core policy aim. The Ministry of Finance partners with Luxembourg for Finance (the agency for the development of the financial centre) to promote, expand and diversify the Luxembourg financial centre, while identifying new opportunities. Digitalisation. Anti-money laundering and countering the financing of terrorism (AML/CFT). Sustainable finance. Financial education. Policies are being adapted as needed to respond to the covid-19 pandemic, to which the sector has shown strong resilience. 2. What are the defining characteristics of a bank to be caught by the banking laws and regulations? Is...
The Higher Education and Research Act 2017 (HERA 2017) marks arguably the most far-reaching statutory shift in scope and effect for UK higher education since 2004. Under HERA 2017, Pt 1, a fresh regulator for higher education (HE) in England, the Office for Students (OfS), is created, alongside arrangements for a new register of providers across the system. Further particulars on the OfS’s constitution and functioning are set out in HERA 2017, Sch 1. HERA 2017, Pt 2 addresses additional education matters, such as student finance, complaints, and the deregulation of HE corporations in England. HERA 2017, Pt 3 deals with research, forming UK Research and Innovation (UKRI) and defining the research and innovation roles of the councils. Expanded legislative detail is provided in HERA 2017, Sch 9. HERA 2017, Pt 4 attends to general provisions, including co-operation and information sharing between the OfS and UKRI, transitional steps, and pre-commencement consultation. Establishment of the OfS The OfS is a statutory corporate body created by statute. It is not...
Part 3 of the Children and Families Act 2014 (CFA 2014) Part 3 of the CFA 2014 sets out the primary statutory framework for children and young people in England who have special educational needs or disabilities (SEND). It brings in ‘Education, Health and Care plans’ (EHC plans), which specify the support that must be delivered to meet identified educational needs. This support can be available to young people up to the age of 25 throughout England. See Practice Note: Special educational needs in England under the Children and Families Act 2014. For the position in Wales, see Practice Note: Special educational needs law in Wales, respectively. Compulsory school age runs until the last Friday in June in the year a young person turns 16. For the purposes of the CFA 2014, anyone above compulsory school age but under 25 is treated as a ‘young person’. Young people with Special Educational Needs (SEN) who wish to pursue further education are entitled to have their EHC plan...