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FCA proposals to publicise enforcement investigations
I recently posted about hot topics in enforcement and covered the regulator's proposal to publicise the fact that a firm has been...
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Burges Salmon blog Archive
- November 2024 (40)
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Long-lasting repercussions of a cyber-attack: where do pension schemes stand following the Capita cyber incident?
In March 2023, Capita suffered a serious cyber security breach in which customer data was exfiltrated. This cyber-attack affected...
Progress update on PSR’s new APP scam reimbursement rules
In a recent letter to Dame Harriett Baldwin MP, Chair of the Treasury Select Committee, the Payment Systems Regulator (PSR) has provided...
BBC Pension Scheme: the latest cyber security victim in the pensions industry
On 21 May 2024, the BBC Pension Scheme, which provides benefits to over 50,000 people, was alerted to a "data security incident"...
High Court clarifies the CMA’s power to conduct dawn raids at domestic premises
The High Court has recently issued a judgment which confirms that when seeking a warrant to conduct a dawn raid at domestic premises in...
The General Election - a week in and what do we know about the main parties' pension commitments?
What has happened in the last week?
A week after the surprise announcement of the General Election on the 4 July (which we reported on
Wind Turbine Safety
The Health and Safety Executive has released a safety notice for those involved with service lifts in offshore and onshore wind turbines...
ESG: What does your Scheme believe?
If you are a trustee aiming at improving your ESG governance have you agreed a set of investment beliefs for your scheme? This can help...
The Balancing Act: Tariffs in the UK’s E-Bike Market
Following a Transition Review, the Trade Remedies Authority (TRA) announced a recommendation that could change the landscape of the...
Statutory nuisance - Court of Appeal finds there is no power for a local authority to vary an abatement notice
The Court of Appeal has recently considered whether a local authority has the power to vary an abatement notice which it had issued under...
Waste not, want not: UK Emissions Trading Scheme Authority launch further consultation for its expansion into the waste sector
The UK Emissions Trading Scheme (UK ETS) Authority (a consortium comprised of the UK Government, the Scottish Government, the Welsh...
Recent Ombudsman determination on equalisation draws attention...
A recent Pensions Ombudsman (“TPO”) determination concerning retrospective equalisation has caused a flurry of interest in the...
Sexism in the City: NDAs here to stay
The Treasury has rejected recommendations published in the “Sexism in the City” report to prohibit the use of non-disclosure agreements...
The 1 to 10 of non-dom immigration
In celebration of my 20-month-old daughter who has learnt to count from one to ten (eleven, actually), I wanted to write a post to...
Multiple dwellings relief - hwyl fawr again?
With effect from 1 June 2024, multiple dwellings relief will be abolished in England and Northern Ireland. The ability to claim the mixed...
What does the General Election announcement mean for the pensions industry?
It’s fair to say that yesterday’s announcement of a General Election on 4 July 2024 took the country by surprise, and the pensions world...
TPR gives speech to the industry re-iterating its key priorities and new "critical friend" approach
On 22 May 2024, at the Professional Pensions Live conference, Nausicaa Delfas (the CEO of the Pensions Regulator (TPR)), delivered an...
Strengthening of the Protection of the Environment through the Criminal Law
This week the EU’s revised Directive on protection of the environment through criminal law (2024/1203) (the “Directive”) came into...
UK Government Announces Plans for Wylfa Nuclear Power Plant
The UK government has announced that Wylfa power station in Anglesey is its preferred site for building a large-scale gigawatt nuclear...
Getting the First (HAR1) UK Hydrogen Projects Built (Part 4)
This is the fourth and final in our series leading up to the Hydrogen Energy Association’s Annual Conference this week on the theme of...
Navigating the EU AI Act: flowchart
An updated version of the flowchart (August 2024) is available here.
The EU AI Act has been approved by EU Parliament and Council. The act...
New TRA Transition Reviews: Ceramics and Aluminium Foil
The Trade Remedies Authority (TRA), the UK body that investigates unfair import practices, has in the last week initiated two new...
PPN 03/24: Changes to the Standard Selection Questionnaire
The Cabinet Office has recently introduced changes to the Standard Selection Questionnaire (“SSQ”) for above threshold procurements through
PPN 01/24: using public procurement to support Net Zero ambitions
In March of this year, the Cabinet Office published its first Procurement Policy Note of 2024: Procurement Policy Note (“PPN”) 01/24
PTSI Raises Bar for Smart Device Security
The Product Security and Telecommunications Infrastructure (PSTI) regime came into effect on the 29th of April 2024. The regime aims to...
Funding for High Street Rental Auctions
Welsh Legal Update – Infrastructure (Wales) Bill Diweddariad Cyfreithiol – Bil Seilwaith (Cymru)
The Infrastructure (Wales) Bill was passed by the Senedd on 16 April 2024. We previously published a blog summarising the Infrastructure...
A ’new’ New Deal? Is Labour revisiting its approach to employment law reform?
With a general election nearing and the polls continuing to suggest a Labour majority, the Labour Party’s proposals for sweeping...
Getting the First UK (HAR1)Hydrogen Projects Built (Part 3)
In the third of our series leading up to the Hydrogen Energy Association conference this week I continue the theme of looking at “Getting...
AI Convention adopted by Council of Europe
On 17 May 2024 the Council of Europe adopted the “first-ever international legally binding treaty aimed at ensuring the respect of human...
ONR publishes policy paper outlining its ‘Pro-Innovation Approach to AI Regulation’
In April 2024 the Office for Nuclear Regulation (ONR) published a policy paper outlining its pro-innovation approach to regulating...
The host AIFM model and the potential for harm
Fund sponsors considering the regulatory models available to them may choose to make use of a regulatory “hosting” structure offered by a...
Public M&A Update: Takeover Panel Bulletin on Bidder Intention Statements – when no intention is not good enough
The Executive of the Takeover Panel published Panel Bulletin 7 on 15 May 2024, dealing with the Takeover Code’s requirements for a bidder...
UK Government Announces Plans for a Groundbreaking Nuclear Fuel Facility
Low Enriched Uranium (LEU) used in today’s commercial nuclear reactors is enriched to between 3 – 5% of Uranium-235.
On 8 May 2024, the UK...
Getting the First UK (HAR1) Hydrogen Projects Built (Part 2)
My colleague Ross Fairley will be speaking at the Hydrogen Energy Association Annual Conference later this month on the topic of “
Are you prepared for the FCA's new Anti-Greenwashing Rule? Less than one month to go...
31 May 2024
The FCA’s new anti-greenwashing rule comes into force on 31 May 2024 and will apply to all firms that make claims in relation...
FCA’s proposal to broaden the SDR regime to Portfolio Managers
The FCA has issued CP24/8, a consultation paper proposing to broaden the sustainability disclosure requirements and investment labelling...
The Government’s Carbon Budget Delivery Plan found unlawful and contrary to the Climate Change Act 2008 on four of five grounds
In a significant case against the Government’s climate policy, Friends of the Earth, ClientEarth and Good Law Project joined forces to...
Deferred Consideration and Capital Gains Tax
The use of deferred consideration structures in share sales has become increasingly relevant in the current market environment....
Getting the First UK (HAR1)Hydrogen Projects Built (Part 1)
I will be speaking at the Hydrogen Energy Association Annual Conference later this month on the topic of “Getting the First HAR1...
Energy Disputes - Spotlight on Close - Financial Distress, Restructuring and Insolvency
Our Energy Disputes Guide provides an excellent summary of what financial distress can mean for a company and some of the key issues for...
Siting fusion: Government consults on scope of new National Policy Statement EN-8 for fusion projects
Government has launched (on 8th May) a consultation on the scope of what will become the latest (and eighth) National Policy Statement...
Financial services – the strategic approach to Artificial Intelligence - The Financial Conduct Authority
On 22 April 2024, the FCA, Bank of England (BoE) and Prudential Regulation Authority (PRA) (the Regulators), published their responses to...
Financial services – the strategic approach to Artificial Intelligence from the Bank of England and the Prudential Regulation Authority
The BoE and PRA (the Regulators) have recently provided a joint response (the Response) by way of a letter written to the government in...
UK Carbon Border Adjustment Mechanism (CBAM) consultation running until June 2024
The UK government is consulting until June 2024 on the design and delivery of a Carbon Border Adjustment Mechanism for the UK from...
What does the Automated Vehicles Bill mean for the marketing of AVs?
On 8 November 2023, the House of Lords released the Automated Vehicles Draft Bill (the “Bill”), marking a significant milestone in...
Pensions Regulator publishes a new corporate plan
On 3 May 2024, the Pensions Regulator (TPR) published a new corporate plan, outlining its strategic approach for the next three years. At...
Practice what you preach: Insights from the ASA on Food & Drink Advertising
In April 2024, the Advertising Standards Authority (ASA) published research into environmental claims in food and drink advertising -
EA's civil penalty found to be 'unreasonable' again
In the recent case of Tool-Temp Limited v The Environment Agency a civil penalty was considered in relation to the Fluorinated Greenhouse...
Concern expressed about the potential impact of the Economic Activity of Public Bodies Bill on the LGPS
Currently in its Committee Stage in the House of Lords, the Economic Activity of Public Bodies (Overseas Matters) Bill is now approaching...
FCA’s Business Plan series – the commitment to minimising the impact of operational disruptions and the proposed regime for critical third parties
Continuing our series of posts on the commitments made by the FCA in its Business Plan for 2024/5 (the Business Plan) we turn our focus...
TPR's increasing focus on Value for Money for DC scheme members
Following the Mansion House reforms proposed last year and subsequently the various pre-Budget and Budget 2024 announcements regarding...
Fiduciary duties of pension trustees: Work and Pensions Committee issues letter to Pensions Minister
Written by Kate Granville Smith
The fiduciary duties of pension trustees is a subject which is is engaging many trustees and advisers of...
SFO Strategy 2024-29
On 18 April, the Serious Fraud Office (SFO) announced its new 5-year strategy setting its direction of travel to 2029. Under its...
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