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Secretary of State for Business, Innovation and Skills meaning

What does Secretary of State for Business, Innovation and Skills mean?
The former UK Cabinet minister who led the Department for Business, Innovation and Skills (BIS) from 2009 to 2016, frequently referenced in insolvency, company law and business regulation contexts. In practice, the title identified the Secretary of State exercising functions delivered through the Insolvency Service (an executive agency), including making insolvency rules, directors’ disqualification, company investigations and administering statutory redundancy payments. While some statutory instruments named the “Secretary of State for Business, Innovation and Skills”, most legislation refers simply to “the Secretary of State”. Following machinery-of-government changes, these functions moved to the Secretary of State for Business, Energy and Industrial Strategy (2016–2023) and now to the Secretary of State for Business and Trade, which sponsors the Insolvency Service. Under the Interpretation Act 1978 and transfer of functions orders, references to BIS or its Secretary are construed as references to the current responsible Secretary of State. Usage is broadly consistent across England and Wales and Scotland for reserved company and insolvency matters, though personal insolvency in Scotland is administered by the Accountant in Bankruptcy, and certain insolvency functions in Northern Ireland sit with the Department for the Economy (Insolvency Service NI). The term is not used in Ireland; the nearest analogue is the...
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View the related Practice Notes about Secretary of State for Business, Innovation and Skills

PRACTICE NOTES
Onshore Petroleum Licensing in Great Britain: NSTA regime, devolved powers, licence types, application and transfer processes, security and relinquishment, and fracking moratoria; with a note on Northern Ireland.

Oil & Gas—Onshore licensing regime Regulatory body Historically, oversight of the UK’s oil and gas resources rested mainly with the Department of Energy and Climate Change (DECC), acting for the Secretary of State (SoS). Acting on Sir Ian Wood’s recommendations in his review of oil and gas recovery on the UK Continental Shelf (UKCS) (the Wood Review), the Government created a new independent regulator, the North Sea Transition Authority (NSTA) (formerly the Oil and Gas Authority), to assume DECC’s regulatory and licensing roles for all oil and gas exploration and production across the United Kingdom and the UKCS, covering applicable exploration and production operations throughout those areas, as announced by Government. On 14 July 2016, it was confirmed that DECC would be amalgamated with the Department for Business, Innovation and Skills, forming the Department for Business, Energy and Industrial Strategy (BEIS). Subsequently, on 7 February 2023, the Department for Energy Security and Net Zero (DESNZ) was set up and assumed the energy brief previously held by the now-defunct BEIS,...

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PRACTICE NOTES
Objective justification in pension discrimination: tests, social policy aims, costs-plus, government margin, and key cases for employers, trustees and managers

This Practice Note includes citations and references to case law decisions from the Court of Justice of the European Union (CJEU). For guidance on whether EU judgments bind UK courts, see Practice Note: Assimilated law — Assimilated case law. What is objective justification? As set out below, objective justification can operate as a potential defence to allegations of either direct or indirect discrimination, though it is available only in very limited and exceptional circumstances in claims of direct discrimination. Under the Equality Act 2010 (EqA 2010), there is prima facie indirect discrimination where A subjects B to the application of a provision, criterion or practice (often termed a ‘PCP’) that is discriminatory in relation to a relevant protected characteristic of B’s. A PCP is discriminatory if: A applies, or would apply, it to persons who do not share B’s characteristic it places, or would place, those who share B’s characteristic at a particular disadvantage when compared with persons who do not share it,...

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PRACTICE NOTES
Objective justification in UK pension schemes: key discrimination cases on legitimate aims, proportionality and the 'costs plus' test

This Practice Note reviews several leading cases on the notion of objective justification, with references to judgments of the Court of Justice of the European Union (CJEU). In broad terms, EU judgments issued on or before IP completion day continue to bind UK courts and tribunals (even if the EU courts later reach a different view) unless and until the UK courts exercise their powers to depart. As a rule, EU case law created after that date is not binding in the UK, though UK courts and tribunals may still have regard to later EU judgments where relevant. For fuller guidance on the approach to EU case law, see Practice Note: Assimilated law—Assimilated case law... Objective justification Objective justification is a commonly used shorthand for establishing that a provision, criterion or practice (PCP) which disadvantages an individual or group compared with others is nevertheless a proportionate means of achieving a legitimate aim. Under the Equality Act 2010, s 19(1)–(3), objective justification operates as a defence to a claim...

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