Code of practice Definition

GLOSSARY

What does Code of practice mean?

A code of practice issued by an organisation such as ACAS, the Equal Opportunities Commission or the Disability Rights Commission.

A code of practice normally set out guidelines for employers to follow in areas such as disciplinary, grievance and discrimination law. Although not legally binding, a failure to comply with a code of practice can be taken into account by an Employment Tribunal.

Pensions

The Pensions Regulator is responsible for issuing codes of practice to provide practical guidance on compliance with legal requirements. They are aimed at those involved in running and providing pension schemes and set out standards a well-run occupational pension scheme should have in place.

Codes of practice are available on the Pension Regulator’s website. A breach of a code of practice will not result in legal proceedings, but the breach will be admissible in evidence in any legal proceedings.

View the related checklists about Code of practice

Cash searches—checklist

Cash searches—checklist Code of Practice The search powers covered in this Checklist are subject to the Recovery of cash: search powers, code of practice under section 292. Cash search powers A police, immigration, customs, Serious Fraud Office (SFO) officer or an accredited financial investigator (the relevant officer) may only exercise the power to search where the following criteria are met: Premises • the relevant officer must already have lawful authority to be present on the premises either under another statutory power or by invitation • the relevant officer must have reasonable grounds to suspect that cash is on the premises that is either recoverable property or is intended for use in unlawful conduct, see Practice Note: Cash searches under the Proceeds of Crime Act 2002 • the relevant officer must have reasonable grounds to suspect that the amount of cash is greater than the statutory minimum amount of £1,000 Vehicles • it must appear to the relevant officer that the vehicle is under the control of a person (ie the...

Handling a grievance—flowchart

Handling a grievance—flowchart Click

The role of the Pensions Regulator

STOP PRESS: On 28 March 2024, the Pensions Regulator (TPR)’s new General Code of Practice came into force, through the Pensions Act 2004 (General Code of Practice) (Appointed Day, Amendment and Revocations) Order 2024, SI 2024/431. The General Code merges and updates ten of TPR’s existing codes of practice into a single code made of ‘51 shorter, topic-based modules’. TPR say this new format will make it easier for governing bodies to find TPR’s expectations and certify whether they meet them. The ten codes of practice affected are those relating to reporting breaches of the law, early leavers, late payment of contributions, trustee knowledge and understanding, MNTs/MNDs, internal controls, dispute resolution—reasonable periods, DC governance and public sector governance.Among other things, the General Code of Practice includes a module on trustee remuneration and sets out TPR's expectations on administration and maintaining an effective system of governance (ESOG), as required by the Occupational Pension Schemes (Governance) (Amendment) Regulations 2018, SI 2018/1103 (which implement IORP II). Scheme governing bodies will be expected to...

Payment of pension contributions to defined contribution schemes

CORONAVIRUS (COVID-19) UPDATE: In light of the coronavirus pandemic, TPR temporarily extended the period after which a payment failure becomes material, and must thus be reported, from 90 days to 150 days to give trustees and providers more time to work with employers to bring payments up to date. TPR has asked schemes to return to the normal, maximum 90-day late payment from 1 January 2021. Recognising that it may take time to adjust systems and processes to reflect this change, it will only become mandatory to report payments that are 90-days outstanding from 1 April 2021.For more information, see Practice Note: Coronavirus (COVID-19)—the pensions implications for trustees.STOP PRESS: On 28 March 2024, the Pensions Regulator (TPR)’s new General Code of Practice came into force, through the Pensions Act 2004 (General Code of Practice) (Appointed Day, Amendment and Revocations) Order 2024, SI 2024/431. The General Code merges and updates ten of TPR’s existing codes of practice into a single code made of ‘51 shorter, topic-based modules’. TPR say this new...

Discover our 922 Practice Notes on Code of practice

Licence to carry out environmental investigations

Licence to carry out environmental investigations Parties 1 [insert name of licensor] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensor) 2 [insert name of licensee] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensee) 1 Background (A) The Licensor is the registered [freehold OR leasehold] owner of the Property. (B) The Licensee has expressed an interest in [acquiring OR leasing] the Property. (C) The Licensor will permit access to the Property by the Licensee and the Consultant for the purpose of carrying out investigations as to ground conditions at, in, on, under or about the Property, subject to the terms of this Licence. 2 Definitions Competent Authority • means any statutory undertaker or any public local or other authority or regulatory body or government department, or any other body exercising powers under statute or by royal charter or any court of law or any...

Policy and procedure—whistleblowing

Policy and procedure—whistleblowing 1 Purpose and scope 1.1 All organisations face the risk of things going wrong or of unknowingly harbouring malpractice. 1.2 The Company takes malpractice very seriously. We are committed to conducting our business with honesty and integrity and we expect all staff to maintain high standards too. We encourage open communication from all those who work for us and we want everyone to feel secure about raising concerns.[ The Company will provide regular training to all staff in relation to whistleblowing law and this policy.] 1.3 All staff have protection under whistleblowing laws if they raise concerns in the correct way. This policy is designed to give staff that opportunity and protection. 1.4 It does not matter if an individual who raises a concern is mistaken about it—staff do not have to prove anything about the allegation they are making but they must reasonably believe that the disclosure is made in the public interest and that the information they have tends to show some malpractice. 1.5 This...

Dive into our 126 Precedents related to Code of practice

Can automatic number plate recognition be used for enforcement in a local authority owned car park?

Can automatic number plate recognition be used for enforcement in a local authority owned car park? In principle, Automatic Number Plate Recognition (ANPR) can be used for enforcement in a local authority car park but there are caveats as to use that may provide a basis for challenge. Accordingly, the answer is not straightforward and is dependent on various factors. On the assumption the question concerns regulated public on or off-street car parks, there are two distinct areas of legislation that apply: • the criminal law regime whereby enforcement is governed by the Road Traffic Regulation Act 1984 (RTRA 1984), and • the civil law regime for a civil or special enforcement area (C/SEA) whereby enforcement is governed by the Traffic Management Act 2004 (TMA 2004) and contravention is subject to the law of contract As a pre-requisite under either regime, the car park should be created under proper powers in accordance with RTRA 1984. Prior to deployment, the local authority must satisfy itself that the device is approved and...

What obligations does an occupier of land have to a neighbour where Japanese knotweed has spread from their land to neighbouring land?

What obligations does an occupier of land have to a neighbour where Japanese knotweed has spread from their land to neighbouring land? An occupier of land could face liability for the spread of Japanese knotweed to neighbouring land in a number of ways, including: • under section 14 of the Wildlife and Countryside Act 1981 (WCA 1981), which makes it an offence to plant or cause Japanese knotweed to grow • under section 34 of the Environmental Protection Act 1990, which imposes a duty of care on people dealing with controlled waste (Japanese knotweed), to take reasonable steps to keep that waste safe • through a claim for private for private nuisance For more information, see Practice Notes: Japanese knotweed—legal framework and Japanese knotweed—management, which also cover the amendments to the WCA 1981, added by the Infrastructure Act 2015, concerning Japanese knotweed and species control agreements and orders. Private nuisance This Q&A concerns the spread of Japanese knotweed to neighbouring land and so it involves a focus...

See the 240 Q&As about Code of practice

Operational resilience: BoE and PRA consult on operational incidents, outsourcing and third-party reporting

The Bank of England (BoE) and the Prudential Regulation Authority (PRA) have each published operational resilience consultations covering operational incidents, and outsourcing and third-party reporting. The proposals aim to establish a framework for timely, accurate and consistent reporting of certain operational incidents, and notification and reporting of material third-party arrangements. Responses to each consultation are sought by 13 March 2025, with proposed implementation dates no earlier than the second half of 2026.

Share Incentives weekly highlights—12 December 2024

This week's edition of Share Incentives weekly highlights includes (1) in relation to employee benefit trusts, the cases of JTC Employer Solutions Trustee Ltd v Garnett and also MR Currell Ltd v Revenue and Customs Commissioners, (2) the Welsh Government publishing its Budget for 2025–26, and (3) a consultation published by the Financial Conduct Authority which includes proposals for updating the FCA’s Handbook to align with the new edition of the UK Corporate Governance Code that was published in January 2024.

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