Jurisdiction(s):
United Kingdom

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Key definition

Requirements definition

What does Requirements mean? In Development Consent Order (DCO) practice, Requirements are the binding conditions that regulate how, when and on what detailed terms the authorised development may proceed. They typically oblige the undertaker to submit and secure approval of detailed design, construction, and environmental management documents (for example, CEMP, traffic, landscape, contamination and archaeology plans) before commencement, phased works or operation. The term is used in legislation: section 120 of the Planning Act 2008 permits a DCO to impose “requirements”. In most DCOs they are set out in a schedule (often Schedule 2) and function similarly to planning conditions under the Town and Country...

DPAs in England and Wales: mandatory content, Statement of Facts, publication, financial penalties, monitoring, co-operation and parent undertakings

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Practice notes

What must a DPA contain?

The statutory rules defining the contents of a Deferred Prosecution Agreement (DPA) appear in paragraph 5 of Schedule 17 to the Crime and Courts Act 2013 (CCA 2013). They prescribe two mandatory Requirements and seven suggested terms; the latter are indicative rather than exhaustive, and the parties may agree further suitable provisions. The list of suggested terms is expressly non-exhaustive. Accordingly, the basis of the DPA and its detailed contents should be expressed with clarity, set out clearly and simply, and then put before the court for its consideration and approval. The decision in Guralp Systems Ltd v Director of the Serious Fraud Office highlights the consequences of failing to articulate DPA terms plainly and succinctly. Other appropriate terms may likewise be incorporated by agreement.

Mandatory terms of a DPA

Every DPA must include a Statement of Facts relating to the alleged offence. That statement can, but need not, record admissions by the organisation; this is not compulsory. See further below: DPA—Statement of facts...

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Web page updated on 21/05/2026

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