Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Retention definition

What does Retention mean? In construction contracts, retention is a portion of each interim payment (often 3–5%) withheld by the employer or upstream contractor to secure completion and the remedy of defects. It is a contractual mechanism, not a statutory term, and is widely used across England and Wales, Scotland, Northern Ireland and Ireland in standard forms (e.g. JCT, NEC, PWC). Typically, half of the retention is released at practical completion (NEC: Completion; Ireland PWC: Substantial Completion) and the balance on expiry of the defects liability/rectification period, usually evidenced by a certificate of making good defects or a defects certificate. Sectional completion may trigger...

UK intelligence-gathering and investigatory powers: statutory framework, warrants and authorisations, bulk powers, private sector duties, interception, communications data, equipment interference, CHIS, encryption keys, oversight and challenges

Published by a LexisNexis Corporate Crime expert

Practice notes

A range of statutory obligations regulate the acquisition, Retention, examination and dissemination of private material by public authorities for intelligence purposes.

These frameworks comprise:

Investigatory Powers Act 2016 (IPA 2016)
Regulation of Investigatory Powers Act 2000 (RIPA 2000)
Human Rights Act 1998 (HRA 1998)
Intelligence Services Act 1994 (ISA 1994)
Security Service Act 1989 (SSA 1989)
Computer Misuse Act 1990 (CMA 1990)
Wireless telegraphy Act 2006 (WTA 2006)
Investigatory Powers (Interception by Businesses etc for Monitoring and Record-keeping Purposes) Regulations 2018, SI 2018/356

The IPA 2016 is further supported by statutory codes of practice:

Interception of communications: code of practice
Equipment interference: code of practice
Communications data: code of practice
Bulk acquisition of communications data: code of practice
Bulk personal datasets—low or no reasonable expectation of privacy: code of practice
Notices regime: code of practice
Retention and use of bulk personal datasets: code of practice
Third party bulk personal datasets: code of practice

Certain public authorities are identified as ‘intercepting authorities’ empowered to apply for targeted interception warrants under IPA 2016, Pt 2, namely:

Intelligence agencies (GCHQ, MI5 and SIS)
Certain law enforcement agencies...

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Richard Hanstock

Cornerstone Barristers

Richard is a public law barrister who enjoys applying the law to build and maintain sustainable communities. He advises and represents a wide range of public authorities, including local councils, government departments and police forces, as well as private individuals, companies and interest groups. Having volunteered as a police officer for 13 years, Richard is well-equipped to provide highly practical and realistic advice alongside robust and persuasive advocacy inside and outside court. He has extensive experience of managing anti-social behaviour, disorder within licensed premises and persistent breaches of planning control, supporting clients to navigate challenging legal landscapes to achieve a just outcome for communities, businesses and individuals. Richard is a deep specialist in the regulation of investigatory powers, including confiscation proceedings and police law. He is an expert in computer misuse and cyber security, building on his academic research on denial of service attacks at the...

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