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Suspension, prohibition and disqualification of pension 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 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...

General Optical Council—fitness to practise proceedings

General Optical Council—fitness to practise proceedings Who is the General Optical Council (GOC) The General Optical Council (GOC) is a body corporate created by the Opticians Act 1989 (OA 1989) to have the general function of promoting high standards of professional education, conduct and performance with an over-arching objective of the protection of the public. The GOC role is to protect, promote and maintain: • the health, safety and well-being of the public • public confidence in the professions they regulate • professional standards and conduct for Registrants and prospective Registrants, and • proper standards and conduct for business Registrants This Practice Note provides a guide to GOC fitness to practise proceedings, investigations, and applications to be restored to the Register. The GOC regulates registered Optometrists as well as Dispensing Opticians. In this Practice Note a ‘Registrant’ is: • a registered Optometrist • dispensing Optician • student Optometrists, or • a Registered Business This Practice Note should be read in conjunction with Practice Notes: Common principles in fitness to practise...

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Regulation D-Rule 506(d)-bad actor disqualification questionnaire (US IPO)

Regulation D-Rule 506(d)-bad actor disqualification questionnaire (US IPO) This Questionnaire is being furnished to you in connection with an offering (the Offering) of securities by [insert company name] (the Company), under the Securities Act 1933, Rule 506 (the Securities Act). Important Note: Please answer every question. If your answer to a question is ‘Yes’, please provide details in the explanation. Unless otherwise stated, your answers should be given as of the date you sign the Questionnaire. Some questions reference the 'date of the sale' of the securities, which is currently expected to be on or about [insert date]. If your answers to these questions change after the date you return the Questionnaire, you must notify the Company immediately. Please note that certain questions are necessarily broad in scope, so if you have doubts regarding whether something should be included in your response please err on the side of over-inclusion. The Company may have additional follow-up questions for you in connection with the Offering. Once you have...

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Comment—Meta's data-transfer ban is historic for EU GDPR, but legal fight will be long and fierce

MLex: Meta Platforms’ social-media unit Facebook has received a final order to stop transferring personal data from the EU to the US in a historic EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) enforcement decision. The case has ramifications for many thousands of businesses that send data or use the most popular technology and cloud platforms, who will anxiously watch the appeals process play out, the impact it has on EU-US talks over a new data transfers deal, and likely litigation by Meta to unpick the legality of regulators' dispute-resolution process that led (acrimoniously) to today's decision.

Local Government weekly highlights—2 February 2023

This week's edition of Local Government weekly highlights includes: expert analysis of the government’s new guidance on the Subsidy Control Database. Case analysis includes Khayyat/Ibrahim v Westminster City Council, on unlawfully exclusion people from the Housing Register; R (Campbell) v LB Ealing, in which the local authority successfully resisted challenge to its decision to terminate the funding for a claimant who had been accommodated by its adult social care department; Sunderland CC v Macpherson, an application for committal for contempt of court failed; Isherwood v The Welsh Ministers, where the claim for judicial review brought by parents who objected to the introduction of Relationships and Sexuality Education (RSE) without a ‘right of excusal’ was dismissed; R v Doncaster Sheffield Airport Ltd, where permission was refused in a judicial review challenge to the closure of an airport; T & others v Secretary of State for Work and Pensions, in which the court of appeal dismissed the claim that temporary uplift to the standard allowance of Universal Credit made during the coronavirus...