Section 9(2B) rights meaning

Is the risk assessment overseen at the highest level in the company? To demonstrate commitment from the top to anti-bribery controls, a company officer or a member of the Board should be designated to supervise the anti-bribery and risk assessment process. See Practice Note: Anti-bribery and corruption policy. Consider: Do senior management or the Board hold ultimate responsibility for the risk assessment process? Have duties for anti-bribery and corruption been delegated; if so, to whom and on what basis? How is this recorded? Has the company allocated bribery risk assessment to employees (for example, a compliance officer) who report directly to the Board? How has the company ensured the risk assessment is fit for purpose and able to withstand scrutiny?...

In this issue: Key developments and horizon scanning Transferring property Property insolvency Property taxes Easements, rights and covenants Property in Scotland Leasing property LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Leasehold and Freehold Reform Act 2024 The Leasehold and Freehold Reform Act 2024 (LFRA 2024), which gained Royal Assent on 24 May 2024 and featured in last week’s highlights, has now been published. Sections 113 (controls on remedies for arrears of rent charges), 117 (recovery of legal costs etc through service charge), 118 (repeal of section 125 of the Building Safety Act 2022) and 119 (higher-risk and relevant buildings: insolvency notifications) take effect two months after Royal Assent (24 July 2024). The rest of LFRA 2024 will commence by regulations to be made by the new government after the election. See: LNB News 04/06/2024 14. ...

In this issue When planning permission is required Planning enforcement Obtaining, amending and implementing planning permission Nationally significant infrastructure projects Daily and weekly news alerts New and updated content Related Documents When planning permission is required Court clarifies scope of section 55 of the Town and Country Planning Act 1990 and resolving ambiguity in prior approvals (Dharmeshkumar v SSLUHC) In Dharmeshkumar v SSLUHC, the High Court found that substantial refurbishment amounted to “development” for the purposes of section 55 of the TCPA 1990, as it materially altered the building’s outward appearance and therefore required express consent. The court also confirmed that any uncertainty within prior approvals can be resolved by referring to the application paperwork and drawings, ensuring compliant aspects remain authorised while only non-compliant works face enforcement. See News Analysis: Court clarifies scope of section 55 of the Town and Country Planning Act 1990 and resolving ambiguity in prior approvals (Dharmeshkumar v SSLUHC). Planning...

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...

Contracting-out on a salary-related basis (also known as defined benefit (DB) contracting-out) was abolished on 6 April 2016. Before abolition, members of contracted-out salary-related (COSR) schemes could have built up one of two forms of contracted-out entitlement. In this Practice Note, these are collectively described as ‘contracted-out salary-related rights’ or, in short, ‘COSR rights’. Guaranteed minimum pensions (GMPs), being contracted-out rights built up before 6 April 1997 Section 9(2B) rights (also called post-1997 contracted-out salary-related rights or post-1997 COSR rights), being contracted-out rights built up between 6 April 1997 and 5 April 2016 The framework for transferring COSR rights is prescribed by the Contracting-out (Transfer and Transfer Payment) Regulations 1996, SI 1996/1462 (the Contracting-out Transfer Regulations). HMRC has issued guidance on transferring COSR rights. This Practice Note addresses transfers carried out after the end of DB contracting-out, namely on and from 6 April 2016. For material on transfers of COSR rights made prior to the abolition of DB contracting-out, see Practice...

This Practice Note is archived and no longer updated or maintained. It outlines the differences introduced in the NEC4 standard form construction contracts when set against the NEC3 versions. It also summarises the changes from NEC3 across the standard forms. The spotlight is on the NEC4 Engineering and Construction Contract (ECC), though many ECC revisions mirror those rolled out across the broader NEC suite. Many of the points made in relation to the ECC are indicative of suite-wide adjustments. The NEC characterises NEC4 as an ‘evolution not revolution’, building on NEC3. The bulk of NEC4’s revisions appear aimed at embedding sound practice and/or cutting reliance on Z clauses (ie bespoke amendments). For further details on NEC contracts in general, including their structure, see Practice Note: NEC contracts—introduction. Publication of NEC4 The NEC4 contracts were issued by the Institution of Civil Engineers on 22 June 2017...

This Practice Note concentrates on the matters that applied prior to 6 April 2016—the date on which salary-related contracting-out (often called DB contracting-out) was brought to an end—when buying out these contracted-out salary-related (COSR) entitlements: guaranteed minimum pensions (GMPs)—the benefits built up by COSR scheme members as a result of contracting out between 6 April 1978 and 5 April 1997 Section 9(2B) rights (also referred to as post-1997 COSR rights)—the benefits accrued by COSR scheme members as a result of contracting out between 6 April 1997 and 5 April 2016 The legislative requirements that applied differed according to whether the relevant contracted-out rights were GMPs or Section 9(2B) rights. For guidance on the buy-out considerations from 6 April 2016 for Section 9(2B) rights and GMPs, see Practice Note: Buying out Section 9(2B) rights and GMPs from 6 April 2016. For general issues relating to buy-outs, see Practice Note: De-risking—pension buy-outs and buy-ins. For information on the ending of DB contracting-out on 6 April...

This Agreement is entered into on [ insert date ] of [ insert month ] [ insert year ] by and between: [ insert name ], of [ insert address ] (' Council '); [ insert name ], of [ insert address ] (' County Council '); [ insert name ], a company duly incorporated and registered in [ insert details ] under number [ insert details ], whose registered office is at [ insert address ] (' Developer '); [ Additional parties as necessary eg owner, landlord, mortgagee, option holder etc. ] (' [ insert additional parties as necessary eg owner, landlord, mortgagee, option holder etc ] '). Recitals The Council is the local planning authority for the purposes of section 106 of the 1990 Act for the area within which the Land is situated and is the body by whom the obligations contained in this Deed are enforceable. The County Council is the local highway...

This Agreement is hereby entered into on [ insert date ]. Parties [ insert name ], a company duly incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] (Party A); and [ insert name ], a company duly incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] (Party B). Each of Party A and Party B is a party, and together Party A and Party B are the parties. Background The parties are operators of electronic communications networks in accordance with section 32 of the Communications Act 2003. The parties intend to interconnect their networks to enable the sending and the receipt of electronic communications and to furnish each other with services. The parties have settled such interconnection and services on the terms and conditions of this Agreement... ...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For advice on the Act’s effect on residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions. Introduction Where a possession claim relies on grounds other than rent arrears, the correct defence is filed using Form N11R (defence form—rented residential premises). These drafting notes are provided solely to support completion of Form N11R. Relevant precedents Drafting notes for a section 8 notice seeking possession of property let under an assured tenancy (AT) or assured shorthold tenancy (AST) Drafting notes for the claim form in section 8 proceedings for possession (AT or AST) arising from rent arrears and/or other breaches Drafting notes for particulars of claim in section 8 proceedings (AT or AST) relating to non-payment of rent and/or other breaches Drafting notes for a defence to section 8 possession claims brought for non-payment of rent General points These notes...

Under the Renting Homes (Wales) Act 2016 (RH(W)A 2016), two categories of occupation contract exist: secure and standard. Standard contracts can be fixed term or periodic, whereas secure contracts are always periodic; see RH(W)A 2016, ss 1 and 8. Generally, an occupation contract with or adopted by a community landlord (as defined in RH(W)A 2016, s 9) will be secure, and one with or adopted by a private landlord (as defined in RH(W)A 2016, s 10) will be standard. This reflects the Act’s general rule, applying to such occupation contracts...