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In Tax

United Kingdom: Tax agency opens nine new investigations for failure to prevent tax evasion and announces further 26 investigation opportunities under review

by , , , , , , , and 4 Mins Read

On 26 January 2023 HM Revenue & Customs announced that, as of 1 January 2023, it has nine live Corporate Criminal Offenses investigations for the failure to prevent the facilitation of tax evasion, with a further 26 investigation opportunities under review. These live and potential investigations cover 11 different business sectors including software providers, labor provision, transport, accountancy and legal services.

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In Trade and Foreign Investment

United Kingdom: Tax Tribunal confirms strict compliance obligations of inward processing relief

by 2 Mins Read

A failure to provide accurate and complete information to HMRC in relation to a quantity of goods on which Inward Processing Relief has been claimed, gives rise to a customs debt on all the goods covered by the relevant bill of discharge report. This was decided by the UK First Tier Tribunal in the case Thyssenkrupp Materials (UK) Ltd v HMRC on 30 November 2022.

In Employment

United Kingdom: Government publishes response to Committee report on menopause and the workplace

by and 3 Mins Read

The UK government has published its response to the Women and Equalities Committee’s report on menopause and the workplace. While the response accepts some of the Committee’s proposals, it also confirms that the government does not propose any legislative changes or to produce a model menopause policy or trial menopause leave.

In Product Regulation & Liability

United Kingdom: Social media guidance from the Prescription Medicines Code of Practice Authority

by , and 2 Mins Read

The first ever guidance on social media has been issued by the Prescription Medicines Code of Practice Authority (PMCPA) to help pharmaceutical companies apply the high standards demanded by the industry’s ABPI Code of Practice to all their online communications channels. The PMCPA Social Media Guidance 2023 has been produced in consultation with the Medicines and Healthcare Products Regulatory Agency, the ABPI, and pharmaceutical companies. It includes advice for companies to help them use social media in line with these rules and the rest of the Code, following a huge increase in PMCPA complaint cases during the COVID pandemic, and a consensus from the industry that the previous 2016 guidance on digital communications, which did not cover social media platforms, was outdated and unhelpful given today’s online climate.

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In Product Regulation & Liability

United Kingdom: MHRA announces extension of European Commission Decision Reliance Procedure

by , and 2 Mins Read

The MHRA lifted some extra burden from the industry by extending the European Commission Decision Reliance Procedure (ECDRP) by 12 months until 31 December 2023. The ECDRP was introduced following Brexit and is available to medicines approved via the EU centralized procedure.
Before 31 December 2023, in situations where a Committee for Medicinal Products for Human Use positive opinion has been received, applicants can continue to submit their ECDRP Marketing Authorisation Application (MAA) or variations to MHRA, and MHRA will continue to review these applications via the current ECDRP process.
The MHRA also announced that from 1 January 2024, a new international recognition framework will be in place, which will have regard to decisions already made by the European Medicines Agency/European Commission and certain other regulators.

In Environment

United Kingdom: Government presses ahead with Electricity Generator Levy

by , and 6 Mins Read

In November 2022 the UK Government announced a new, temporary 45% levy on “exceptional” receipts generated from the production of wholesale electricity and published a “technical note” on the operation of the levy. Despite heavy criticism of the move by many clean energy market participants, on 20 December 2022 the UK Government confirmed its intention to press ahead with the EGL by publishing a supplementary technical note and draft legislation outlining the details of how the new tax would operate. The EGL has been introduced from 1 January 2023 and will have an impact on existing and potential investors in the UK clean energy market.

In Antitrust / Competition

United Kingdom: New subsidy control regime kicks-in

by , and 12 Mins Read

On 4 January 2023, the new UK subsidy control regime under the Subsidy Control Act 2022 came into force. This completes the overhaul of the UK’s approach to subsidies following Brexit and the UK’s decision to diverge from the EU’s State aid regime. The new rules will apply to subsidies granted by public authorities on or after 4 January 2023.

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In Employment

Europe: Industrial Action in Europe: What employers need to know now (Webinar)

by , , , , and 1 Min Read

Industrial action is on the rise throughout Europe; in this webinar we looked at the differences and similarities in the industrial action process across France, Germany, Italy, Spain, the Netherlands, Poland and the UK, the potential legal remedies in each jurisdiction and the practical steps employers can take to keep the business running.

In ESG

United Kingdom: Greater scrutiny of equal pay: financial services employers should be vigilant

by , and 2 Mins Read

Equal pay for men and women has been enshrined in UK law since 1970. Since then, and particularly since the turn of the century, equal pay claims have tended to take the form of mass claims in the public and retail sectors. In recent years, however, there has been renewed focus on individual equal pay claims. We expect that the Financial Conduct Authority will step up its scrutiny of equal pay and remuneration policies.

In Product Regulation & Liability

United Kingdom: The Voluntary Scheme for Branded Medicines Pricing and Access rate set to rise

by , and 3 Mins Read

The UK’s Department of Health and Social Care has announced that the voluntary scheme payment percentage for 2023 will be set at 26.5% of sales for 2023 (representing almost GBP 3.3 billion). This is a further major increase to last year’s VPAS significant rate rise to 15% (around GBP 1.8 billion, rising from GBP 0.6 billion in 2021).

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