United Kingdom enterprise law

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Greenwich University or banks in the City of London, compose 39% of UK GDP and 31% of the workforce, while private enterprises, usually incorporated under the Companies Act 2006 are most of the rest.[1]

United Kingdom enterprise law concerns the

Taxation
and spending composes nearly half of total economic activity, but this has diminished since 1979.

Since 1980, a large segment of UK enterprise was privatised, reducing public and citizen voice in their services, particularly among utilities. Since the

Ofgem. The Water Industry Act 1991 regulates drinking and sewerage infrastructure, overseen by Ofwat. The Railways Act 1993, the Transport Act 1985 or the Road Traffic Act 1988, under the Office of Rail and Road
, govern the majority of land transport. Rail and bus passengers are entitled to adequate services, and have limited rights to voice in management. A growing number of bus, energy and water enterprises have been put back into public hands, while in London and Scotland, railways may be wholly publicly run. While, post, telephones and television were the major channels for communication and media in the 20th century, 21st century communications networks have increasingly converged on the Internet. Particularly in social media networks, this has presented problems in ensuring standards of safety, accuracy and fairness in online information and discourse. Like securities and other marketplaces, online networks dominated by multinational corporations, have received increased attention from regulators and legislators as they have become associated with political crisis.

History

Further information:
Privatisation

General enterprise law

See also:
English trusts law, and English land law

While the 20th century had seen swings from nationalisation and re-privatisation, a general law of enterprise developed where private ownership and markets were generally thought to work by themselves. On top of ordinary principles of

UK environmental law and criminal law
.

Corporate governance

Main articles:
US corporate law
  • Companies Act 2006 ss 21, 112, 168 and 284, company constitutions, amendment, voting rights and removal of directors
  • Model Articles, Sch 3, paras 3 and 34, model articles for public companies
  • Companies Act 2006 ss 170–177, 260–263 and 419 (directors’ duties, derivative claims, report)
  • Pensions Act 2004 ss 241–243, right of pension beneficiaries to nominate pension trustees
  • Charities Act 2006

Labour rights

Main articles:
US labor law

Competition and consumers

Main articles:
US antitrust law

Insolvency

Main articles:
US bankruptcy law

Specific enterprises

See also:
UK constitutional law

While many sectors of the economy function under general rules of enterprises alone, specific enterprise laws developed where "free markets" were seen as inadequate to protect consumer or public interests. In enterprises that concerned central social and economic rights, were "network" or "

public ownership
, positive rights of voice for users or citizens, or sector-specific regulators emerged. These regulate the rights of exit, basic standards, and voice of stakeholders, beyond investors of capital or labour.

Education

See also:
Education in the UK, and Education in England

The Universal Declaration, the International Bill of Human Rights and the European Social Charter say that "everyone" has the right to education, and that primary, secondary and higher education should be made "free",[3] in particular "by reducing or abolishing any fees or charges" and "granting financial assistance".[4] Historically, the UK guaranteed free childhood, higher and adult education, and gave grants until the late 20th century. However, it maintained a private fee-paying school system, dependent on parents paying money (also called "private" or "public" schools, after the Public Schools Act 1868). Following this model, the Teaching and Higher Education Act 1998 re-instated tuition fees for university. Although the evidence suggests that fees deter and disadvantage poorer people,[5] university fees were raised to £9250 a year from 2017 in England and Wales. Scotland remained tuition free. University and school finance and governance remains a patchwork system across the UK, without any coherent approach.

tuition fees
have been abolished in Scotland and remain highly controversial elsewhere.

Universities have three main sources of finance. First, universities may generate income through

income inequality
.

Almost all universities by law require staff and student representation in the governing body.[19]

Buckland v Bournemouth University, where the university management interfered with the academic assessment of student grades, this founded a right for a professor to claim he was constructively and unfairly dismissed.[28] All access to education must be free from unlawful discrimination under the Equality Act 2010.[29]

Schools

There are at least five different kinds of school:

fee-paying schools that depend on charging parents money for tuition. Some schools also apply for "specialist
" status if they focus on particular curriculum topics.

Libraries

Health and care

Main articles:
Private medicine in the UK

Like education, there is a

Health and Safety at Work Act 1974, or the Environmental Protection Act 1990
.

Aneurin Bevan at a Manchester hospital on the NHS's first day in 1948. He later said that to get the hospital consultants to join the NHS "Ultimately I had to stuff their mouths with gold".[42] Today, the NHS has universal support and has among the world's best health outcomes for money spent.[43]

National Health Service governance has seen three phases of change. While the

vote. The Care Quality Commission and a subordinate Healthwatch England
network is meant to inspect and maintain standards.

The Health and Social Care Act 2012 changes, and the private finance initiative have been opposed by protests and groups like "Keep Our NHS Public". Since 2012, with more private money, the cost of the NHS has risen without better outcomes.[34]

Although rights to vote are lacking, patients have some rights to bring claims in court over levels of service. First, the

ECHR article 3 to delay deportation, even though health treatment for HIV/AIDS was highly unlikely there.[69]
The UK, however, has the option at any time to improve its service beyond the minimum standards of human rights.

Social care

Banking

Main articles:
UK company law

UK banking has two main parts.

financial crisis of 2007–2008
, but these proposals have not yet been accepted.

The Bank of England acts as the UK's central bank, influencing interest rates paid by private banks, to achieve targets in inflation, growth and employment.

The Bank of England provides finance and support to, and may influence interest rates of the private banks through monetary policy. It was originally established as a corporation with private shareholders under the

repos") or selling them, and giving credit to banks at differing rates.[i] This will affect the interest rate banks charge by influencing the quantity of money in the economy (more spending by the central bank means more money, and so lower interest) but also may not.[83] Second, the Bank of England may direct banks to keep different higher or lower reserves proportionate to their lending.[j] Third, the Bank of England could direct private banks adopt specific deposit-taking or lending policies, in specified volumes or interest rates.[85] The Treasury is, however, only meant to give orders to the Bank of England in "extreme economic circumstances".[86]
This should ensure that changes to monetary policy are undertaken neutrally, and artificial booms are not manufactured before an election.

The largest UK banks are HSBC, Barclays, the Royal Bank of Scotland and Lloyds.

Outside the central bank, banks are mostly run as profit-making corporations, without meaningful representation for customers. This means, the standard rules in the

freedom of establishment in the internal market. Since the Credit Institutions Directive 2013,[95] there are some added governance requirements beyond the general framework: for example, duties of directors must be clearly defined, and there should be a policy on board diversity to ensure gender and ethnic balance. If the UK had employee representation on boards, there would also be a requirement for at least one employee to sit on the remuneration committee,[96]
but this step has not yet been taken.

HBOS-Lloyds TSB. The Banking Act 2009
contains a mechanism to prevent a systemic crisis occurring from banker insolvency.

While banks perform an essential economic function, supported by public institutions, the rights of bank customers have generally been limited to contract. In general terms and conditions, customers receive very limited protection. The Consumer Credit Act 1974 sections 140A to 140D prohibit unfair credit relationships, including extortionate interest rates. The Consumer Rights Act 2015 sections 62 to 65 prohibit terms that create contrary to good faith, create a significant imbalance, but the courts have not yet used these rules in a meaningful way for consumers.[97][98] Most importantly, since Foley v Hill the courts have held customers who deposit money in a bank account lose any rights of property by default: they apparently have only contractual claims in debt for the money to be repaid.[99] If customers did have property rights in their deposits, they would be able to claim their money back upon a bank's insolvency, trace the money if it had been wrongly paid away, and (subject to agreement) claim profits made on the money. However, the courts have denied that bank customers have property rights.[l] The same position has generally spread in banking practice globally, and Parliament has not yet taken the opportunity to ensure banks offer accounts where customer money is protected as property.[m] Because insolvent banks do not, governments have found it necessary to publicly guarantee depositors' savings. This follows the model, started in the Great Depression,[100] the US set up the Federal Deposit Insurance Corporation, to prevent bank runs. In 2017, the UK guaranteed deposits up to £85,000,[101] mirroring an EU-wide minimum guarantee of €100,000.[102] Moreover, because of the knock-on consequences of any bank failure, because bank debts are locked into a network of international finance, government has found it practically necessary to prevent banks going insolvent. Under the Banking Act 2009 if a bank is going into insolvency, the government may (and usually will if "the stability of the financial systems" is at stake) pursue one of three "stabilisation options".[103] The Bank of England will either try to ensure the failed bank is sold onto another private sector purchaser, set up a subsidiary company to run the failing bank's assets (a "bridge-bank"), or for the UK Treasury to directly take shares in "temporary public ownership". This will wipe out the shareholders, but will keep creditors' claims intact. One method to prevent bank insolvencies, following the "Basel III" programme of the international banker group, has been to require banks hold more money in reserve based on how risky their lending is. EU-wide rules in the Capital Requirements Regulation 2013 achieve this in some detail, for instance requiring proportionally less in reserves if sound government debt is held, but more if mortgage-backed securities are held.[104]

Gas, oil and coal

Further information:
Fracking in the UK

Coal, oil and gas remain part of the UK's energy sources, despite the pollution and climate damage they cause. Before the

border carbon tax, as the EU has introduced.[108]

An anti-fracking protest at a limestone oil well in Balcombe.

Although both coal and oil production were publicly owned in the past,

mineral planning authority's approval for exploratory wells, consent from the council under the Town and Country Planning Act 1990 section 57, getting permission for disposing of hazardous waste and inordinate water use,[121] and finally consent from the Department for Business, Energy and Industrial Strategy.[122] In R (Frack Free Balcombe Residents Association) v West Sussex CC a residents association in Balcombe lost an action for judicial review of their council's planning permission for Cuadrilla Resources to explore the potential to frack for shale gas. Large protests had opposed any steps toward fracking. However, Gilbart J held that the council had not been wrong in refusing to consider public opposition, and took the view would have acted unlawfully if it had considered the opposition.[123]

The Brent Spar oil storage buoy is one of 470 platforms and 5000 wells to be decommissioned, as resource companies promised in their licences. Companies have lobbied for tax cuts, meaning that taxpayers bear the costs.

The interests of third parties and the public are partially represented through provisions on access to infrastructure, tax, and decommissioning. Under the Petroleum Act 1998 sections 17-17H there is a right of companies that are not owners of pipelines or gas interconnectors to use the infrastructure if there is spare capacity. This is not well used, and it usually left to commercial negotiation. Under the Energy Act 2011 sections 82–83 the Secretary of State can require a pipeline owner gives access on its own motion, apparently to reduce the problem of companies being too timid to exercise legal rights for fear of commercial repercussions. Taxation on oil and gas outputs have increasingly been reduced. Initially, the Oil Taxation Act 1975 section 1 required a special Petroleum Revenue Tax, set as high as 75% of profits in 1983, but this ended for new licences after 1993, and then reduced from 50% in 2010, down to 0% in 2016.[124] Under the Corporation Tax Act 2010 sections 272-279A there is still a "ring-fenced corporation tax", on individual fields that are ring-fenced from other activities, set at 30%, but just 19% for smaller fields. An additional "supplementary charge" of 10% of profits was introduced in 2002 to ensure a ‘fair return’ to the state, because ‘oil companies [were] generating excess profits’.[125] Finally, under the Petroleum Act 1998 sections 29–45 require responsible decommissioning of oil and gas infrastructure. Under section 29, the Secretary of State can require a written notice of a decommissioning plan, on which stakeholders (e.g. the local community) must be consulted. Under section 30, notice regarding abandonment can be served on anyone who owns or has an interest in an installation. There are fines and offences for failure to comply. Estimates for the cost of decommissioning the UK's offshore platforms have been £16.9bn in the next decade, and £75bn to £100bn in total. A series of objections have been raised against the government's policy of cutting taxes while subsidising BP, Shell and Exxon for these costs.[126]

Electricity and energy

See also:
UK geothermal power

The need for clean energy, and to end climate damage, has driven

decarbonisation targets in electricity.[131] Under section 131, the Secretary of State should give Parliament an annual "Strategy and Policy Statement" on its strategic energy priorities, and how they will be achieved.[132]

community solar power. Solar panel prices have decreased exponentially. Every home or business can access the feed-in tariff
. In 2017, fourteen 280Watt solar panels, and a 10kW battery (enough to power a home, and have zero electricity bills indefinitely) cost around £7500.

Two main strategies have pushed a transition to renewable power. First, under the

TFEU article 107.[139] The Court of Justice rejected the argument, holding that the redistributive effects were inherent in the scheme, as indeed they are in any change to private law.[140]
Since then, feed-in tariffs have been considerably successful at promoting small scale electricity production by homes and business, and solar and wind in general.

UK Green Investment Bank
. It has 576 MW capacity.

The ownership and governance voice of stakeholders in UK energy companies has been mostly monopolised by private shareholders since the

Ofgem,[146] carries out licensing for electricity generation. Its chair and at least two other board members must be appointed by the Secretary of State for 5 to 7 years, and while ostensibly "independent",[147] they must follow directions of the Minister.[148] Under the Electricity Act 1989 nobody can generate and supply electricity to others without a licence.[149]
grade II listed home Gifford Hall, because he thought it would have a "detrimental impact" on the "setting".[155] He had not noticed anything happening until some time after construction began, and then tried to argue that Wiltshire Council
's "Statement of Community Involvement" required that he would have been notified about the plans he missed. The Court of Appeal unanimously rejected that any "legitimate expectation" in judicial review had been broken.

TWh) from renewable sources in the United Kingdom between 2009 and 2018.[156]

Unless citizens set up their own generation, or own energy companies through their council, they are guaranteed few other rights by law: the idea has been that

Ofgem can impose a duty on energy companies to be a supplier of last resort.[167] These rules were updated slightly in 2011 so that the government can give financial support and keep a company trading until refinancing or a new owner is found.[168]

Water

Main articles:
EU water policy, Scottish Water, Thames Water, and London water supply infrastructure

Water is a

ten private water companies, each with a local monopoly, subject to price caps of a new regulator known as Ofwat.[175] Scottish Water, after a public campaign remained publicly owned, and as a result has maintained significantly lower prices than in England and Wales.[176] Only around 10 per cent of water companies around the world are privatised,[177] tending to be less efficient and more expensive.[178]

reservoirs used by publicly owned Scottish Water. Its prices are around 20% lower than privatised English and Welsh water companies.[179]

The publicly owned Scottish Water is appointed by Scottish ministers,

Water Services Regulation Authority) has at least three members appointed the Secretary of State,[184] and is meant to "protect the interests of consumers, wherever appropriate by promoting effective competition" and yet ensure companies have a "reasonable returns on their capital",[185] rather than simply act in the public interest.[186] Ofwat licences companies (known as water "undertakers") to operate water and sewer services with "instruments of appointment", and can impose various conditions.[187] Licences usually last 25 years but can be terminated on 10 years notice by government. Because of public outcry over rising prices,[188] the government tried to construct more competition, with the Water Act 2014 requiring suppliers can access or pump water through other providers' pipes, for a reasonable cost, so that consumers might choose their company.[189] In Scotland, it was thought this kind of competition could pose a public health risk.[190]

EU water law drinking water, bathing waters, and the general environment, like at the River Wandle
, must be kept clean and improved.

As real competition in

water companies, but its members are not elected by water customers and it has no legal power to bind Ofwat or the companies.[202]

London sewerage system was built under Joseph Bazalgette
.

Water companies have a chequered history of responsibility for damage they cause, but also the law has failed to ensure businesses are fully responsible for water pollution. In principle, a water authority used to be strictly liable for damage it caused.

Water Framework Directive 2000 to ensure proper enforcement of clean water standards.[209]

Agriculture and forestry

Main articles:
EU law
Agriculture covers 69% of UK land, accounted for 0.6% of UK GDP in 2010, employed 1.52% of the workforce, and generated £4.38 billion per year. There are 18.3 million hectares, or 45.2 million acres.

The UK is made up of around 72% farmland, and 13% woodland,[210] and while agriculture and forestry compose a small percentage of the UK economy and workforce, its regulation has a large impact on the environment. The Common Agricultural Policy in European Union law regulated farming subsidies and development, and remains an influential part of the scheme in the Agriculture Act 2020. This enables the Secretary of State, and the Department for Environment, Food and Rural Affairs to give out financial assistance, make regulations on conditions attached to subsidies, and monitor actions for subsidies.[211] From 2024, this may depart from the standard practice under the EU subsidy scheme of making (1) basic payments to famers based on the number of hectares actively farmed, (2) market measures to buy up and dispose of any excess produce, and (3) rural development payments for a range of spending, such as on clean energy or faster internet infrastructure. Around £3.5 billion was spent in 2018 under the CAP, although the UK government stated that this sums of money would change under the new system, based on a concept of "public money for public goods", but without much clarity.

Around 10% of UK land is held in the public sector, and the largest body among these is the Forestry Commission. The Forestry Act 1967 requires that the Commission has 11 members appointed by the government, and it has a general duty of "promoting the interests of forestry, the development of afforestation and the production and supply of timber and other forest products" including "adequate reserves of growing trees". National parks were created by the National Parks and Access to the Countryside Act 1949 for the first time, and today are overseen by Natural England or different park authorities under the National Parks (Scotland) Act 2000. Unlike other countries, UK national parks have substantial private ownership, but there are more restrictive planning laws to safeguard natural beauty, and guarantee public rights of way. General protection of the UK's environment is found in the Environmental Protection Act 1990 and Wildlife and Countryside Act 1981.[212]

Housing and building

See also: Right to housing, Landlord–tenant law, Council house, Rent regulation, Affordability of housing in the United Kingdom, and Affordable housing
council housing
, and cost £42 a week in 2012.

Although homeowners together own just 5% of the land area in England and Wales, housing and other buildings account for a large share of capital wealth, and constitute the basis of the universal human "right to housing" and to a private life and home.

Building Regulations 2010 require reduced carbon in buildings,[218]
however there is not yet a requirement for all homes to have solar panels, battery storage, and heat pumps to ensure clean air.

Reflecting its poor housing quality, the UK has among the most minimal tenant rights in the world.

Fair rent regulation exists in many countries to prevent unaffordable housing, such as in Canada,[219] or Germany,[220] but was abolished in the UK by the Housing Act 1985 section 24. The Landlord and Tenant Act 1985 contains the right to know who the landlord it, that it is habitable, and that the landlord carries out basic repairs to the building and facility structure.[221] However there is no housing regulator or watchdog to which tenants may apply, and so their rights have to be enforced through costly court processes. The Housing Act 1988 section 20 abolished security for tenants against eviction without good reasons (unless there is something in the contract), and so upon a contractual notice period tenants may be removed. The only statutory protection is a minimum of 4 weeks notice before eviction in the Protection from Eviction Act 1977 section 5(1), and the landlord may issue a section 21 notice under the Housing Act 1988 section 21 to being a court process of eviction.[222] The Tenant Fees Act 2019 sections 1-5 contain minimal regulation of real estate agent fees, requiring that they are only charged to landlords, not tenants. The Housing Act 2004
sections 213-214 create a right for a rental deposit to be protected under a trust of a third party, however these parties are often appointed and paid by the landlord, meaning that in disputes that are arbitrated the landlord usually wins.
business rates to contribute to the locality for their property. Stamp duty in the United Kingdom is a tax that has to be paid upon the sale of property, and Inheritance Tax (United Kingdom)
of 40% must be paid upon the passing to children or grandchildren of property worth over £500,000 in 2023, or £325,000 to other parties, but no tax for leaving a property to a spouse, civil partner or charity.

Transport

See also:
Roads in the UK, and History of road transport

As the home of the

cars, and more goods transportation shifted into trucking. Commercial aviation also developed rapidly. British Rail was privatised once more after the Railways Act 1993 was put into effect in 1996, as again more people switched away from over-crowded roads to trains. The need to eliminate fossil fuels in accordance with the Climate Change Act 2008
means more trains have been electrified, and electric motor vehicles are slowly being introduced.

While train fares have increased beyond inflation since privatisation,[228] London Underground fares under public control have not increased under Labour mayors, but increased under a Conservative mayor.[229]

Since 2015, the Office of Rail and Road has been a combined regulator for railways and highways.[230] The chair and four other members is appointed by the Secretary of State for up to five-year terms, and can be dismissed for a good reason.[231] Although it exercises no direct control, under the Railways Act 1993 section 4 the ORR has a long list of duties, including to improve railway service performance in the interest of passengers, promote usage, "competition", interconnection, safety, but also to enable railways companies "to plan the future of their businesses with a reasonable degree of assurance."[232]

The

Potters Bar crash in 2001 which killed 7 and injured 76, it was forced into insolvent administration and the government took rail infrastructure back into public ownership.[235] In Weir v Secretary of State for Transport a group of 48,000 shareholders challenged the Minister's decision to force an insolvency procedure, arguing their property was being illegally taken and the Minister was guilty of "misfeasance" in public office, but these were completely rejected.[236] Network Rail, from 2003, became a not-for-profit company, re-investing in safety, and is accountable to the Office of Rail and Road.[237]

New infrastructure projects will require planning permission, and environmental impact consultation. In

High Speed Rail 2 project argued it failed the consultation standards in the Environmental Impact Assessment Directive 2011, because there was a party whipped vote in Parliament for its approval. The Supreme Court rejected the claim, because political organisation did not stop proper consultation and debate.[238]

To run a train company itself, the

Netherlands, or Germany all run trains in the UK. But the UK government is the only one in the world that is prohibited from running UK trains. In 2016, Scotland was empowered to make Scottish trains public again,[242] and as of 2017 the same policy was supported by a large majority of the UK public.[243][244]

Different rules apply to

public-private partnership agreements in rebuilding the London Underground and train network.[246] While the Mayor Ken Livingstone argued he was not bound and in an "impossible position", after being elected on a platform opposing privatisation, the High Court ruled that statute required he would be bound.[247] In 2008, one of the two main companies responsible for tube upgrades, Metronet went into administration with an estimated cost of £410m.[248]

motor vehicles
dominated the 20th century.

Passengers have a number of rights codified in law, but little direct voice in the running of their services. The Office of Rail and Road can set any conditions in licences, including "the fares to be charged for travel".

Passenger Rights Regulation 2007 contains a host of other legal rights against train companies. Passengers have a right to take bicycles on trains if not too crowded, must have proper information on tickets, must be able to make reservations, and must receive minimum compensation for long delays.[252] Service standards can be challenged in judicial review. So, in R (Save Our Railways) v Director of Passenger Rail Franchising a passenger group argued that the Regulator unlawfully allowed a reduction in services in rural areas in its franchises. The Court of Appeal accepted the group's right to review, but referred the question back to the Regulator for reconsideration.[253] Passengers are represented in a Passengers' Council, with a chair appointed by the Secretary of State, regional government representation and others who are seen to represent passenger groups,[254] but they have no binding rights against train companies, rather than rights to investigate issues and make representations.[255] If train companies go insolvent, a special procedure deviating from the normal Insolvency Act 1986 procedure is followed, to give the government, rather than banks and creditors control over administration.[256] This does not affect the powers of the Office of Rail and Road and a Minister's powers to make directions against a company in administration.[257]
EV network infrastructure is needed to electrify private cars.[258]
Air traffic

Communications

See also:
IT law

Communication between people is fundamental to democracy and human society. The rights to freedom of thought, expression, and freedom of the media are universal human rights,

EU law.[267][268][269][270]

optical fibre networks that span the globe. In the UK, networks such as the publicly funded JANET, or the privately owned Liberty Global (Virgin Media) connect each computer's Internet Protocol address
.

Under the

Lord Sumption held Ofcom did not adequately show that price BT's rises damaged the consumer interest.[278]

mobile phones, and BT, Sky, Virgin and TalkTalk dominate broadband.[279]

Though Ofcom can control prices, it also has a duty to make companies compete. The

CJEU Grand Chamber rejected the claim, as it was based on objective criteria, and encouraged competition among networks for quality.[289]

Post

Media and social networks

The Aldwych in London was home to the first radio broadcasts, and to the BBC's World Service from 1941 to 2012.

Both telecommunications infrastructure, and the electro-magnetic spectrum, is used for broadcasting of radio, television, and all forms of web media. The

Lord Neuberger MR rejected the claim because the programme's purpose seemed to any reasonable viewer to be no more than "to insult, belittle and berate" the councillor.[301] Similarly, in R (DM Digital Television Ltd) v Ofcom Stuart-Smith J held that Ofcom was justified in imposing £85,000 and £20,000 fines on a small station called DM Digital, after it broadcast programmes with an Islamic "scholar" inciting crime, and criticising a Pakistani political party and NATO without inviting their comments and a chance to respond. He rejected claims that Ofcom's process was "biased" or that the financial penalties were disproportionate, noting that Ofcom had not gone further and revoked the broadcaster's licence.[302]

The most used web networks in the UK are Google and YouTube, Facebook, Reddit, the BBC, Amazon and Wikipedia.[303] Only Wikipedia and the BBC give voice to users in their governance structure. Facebook had, but removed the right of users to vote over privacy and data policy in 2012.[304]

Despite the common social standards applicable to broadcast media, standards have not been enforced on internet corporations with dominant market power. According to Alex, the world's top five websites include Google, YouTube, Facebook and Wikipedia, while Twitter stands at number 13 but occupies an important role in public discourse. The Electronic Commerce Directive 2000, implemented by the UK Electronic Commerce Regulations 2002 (to some extent following analogues in the United States[305]) an "information society service" that hosts information is "not liable for information stored" if the provider "does not have actual knowledge of illegal activity.[306] Moreover there should be no "general obligation on providers... to monitor the information which they transmit or store".[307] In light of growing problems with hate speech, harassment, fake news, bots and interference with democracy, the question is whether these exemptions apply to major news networks. In one of the first cases, CG v Facebook Ireland Ltd the Northern Ireland Court of Appeal held that Facebook breached a duty to promptly remove a page that was designed to persecute a former sex offender who had completed a prison sentence.[308]

  • Wikimedia. Wikipedia, WP:Administration. WP:Sock puppetry. WP:No personal attacks. WP:Neutral.
  • Facebook, Statement of Rights and Responsibilities (2015) cf 2009–2012 ‘system of governance’. 10-K filing
  • YouTube, Terms of Service (9 Jun 2010). Alphabet Inc (i.e. Google), Bylaws and Certificate (2015). 10-K filing
  • Twitter, Terms of Service, Rules, and Privacy Policy (30 Sep 2016). 10-K filing

Marketplaces

See also:
State aid
Borough Market.
Marketplaces
Online market places

Military and security

Military
Police
Prisons
Fire

Fiscal policy

Main articles:
UK constitutional law

Land Registry where it is suitable to make funds separate from the budget's annual cycle.[321] Government departments may be required to do accounts each year by the Treasury.[322]

Government spending in the United Kingdom and sources of revenue, for 2019–2020.

The main sources of revenue for the government are taxes on labour, capital, trade in goods and services, and land, although the balance of these has shifted considerably in recent decades. Taxes on income have been increased for lower and middle earners and reduced for higher earners, corporation tax has been cut, value added tax has been increased, and taxes on land and wealth have reduced. First,

dividends from shares is lower than for employment income, standing at 7.5% for the basic rate, 32.5% for the higher rate, and 38.1% for the additional rate.[327] This is mirrored in the lower rates of Corporation Tax Act 2010. For corporate profits, the main rate of tax is 19% in 2020.[328] This has been reduced from 28% since 2010, and from at 52% in 1982 with a lower rate of 38% for small companies. Under the Taxation of Chargeable Gains Act 1992 an additional tax on capital gains is charged at 18% for residential property, and 10% for other assets, for those still within the basic rate of income, and 28% and 20% for those in the higher or additional rates.[329] Third, the rate of Value Added Tax stands at 20% in 2020, after being increased from 17.5% in 2010,[330] from 15% in 1991, and from 8% in 1979. Fourth, there are two taxes payable on land. Council Tax is charged on residential properties according to their value in 1993 for residents or owners.[331] Business rates are charged on business properties based on a rating last done in 2015.[332] Overall the shifts in taxation have become more regressive, enabling the wealthiest to pay the least, and making the poor pay more.[citation needed
]

Government spending is set out each year in the

national debt, which primarily means profits for international banks that lend the UK government money. In the March 2020, the government planned large increases in transport, communication infrastructure and housing spending, as well as more nurses and police officers. It is generally thought that more investment in education, public health, clean energy, transport and communication infrastructure enable the greatest multipliers for future economic performance,[333] coupled with policies to maintain full employment
at fair wages.

Theory

Main articles: Public economics, Market failure, and Regulatory economics

See also

Footnotes

  1. equity capital
    finance, where an investor buys shares, invariably with voting rights, in a company. Debt finance usually keeps the borrower in control of their business, subject to any restrictive covenants and the need to repay the debt.
  2. ^ The Bank of England Act 1716 widened its borrowing power. The Bank Restriction Act 1797 removed a requirement to convert notes to gold on demand. The Bank Charter Act 1844 gave the bank sole rights to issue notes and coins.
  3. ^ So, if the Bank of England raised its interest rate for Barings Bank's account with it, Barings would probably try to raise its interest rates for customers with Barings Bank accounts (unless competition was very tight, in which case its profits would have to be reduced).
  4. Federal Reserve Act of 1913
    , 12 USC §241, requires that on advice and consent of the Senate, appointments by the President ‘shall have due regard to a fair representation of the financial, agricultural, industrial and commercial interests, and geographical divisions of the country.’ Under §302, in the Federal Reserve system of constituent banks, three are chosen by and to represent stockholding banks, six others, represent the public and elected to represent stakeholders.
  5. qualified majority, after consulting the European Parliament and the governing council of the ECB. The governing council is itself the executive board plus governors of the national central banks using the euro. The term is eight years, non-renewable, and they can only be removed for gross misconduct after review by the Court of Justice of the European Union.[75]
  6. Bank of England Act 1998
    allows the Treasury to add directors, or reduce the number of directors, after consultation, with some limitations.
  7. interest rates
    .’
  8. ^ Under Article 9 of the Treaty of Rome the EU should aim at a "high level of employment". By contrast, article 3(3) of the Treaty on European Union ) says it should be "aiming at full employment".[80]
  9. outright monetary transactions to buy Greek government debt on secondary markets (to support the euro) was lawful.[82]
  10. ^ This power comes from the Bank of England Act 1946 s 4(3). No order has been issued, but banks generally comply with the Bank of England's suggested reserve ratios.[84]
  11. ^ Before the Financial Services and Markets Act 2000 ss 19–23 and 418-9, the Banking Act 1979 introduced the formal authorisation requirements.
  12. ^ Vincent v Trustee Savings Banks Central Board [1986] 1 WLR 1077, denying that the Trustee Savings Bank customers were, despite the name of the bank, in any trustee-beneficiary relation, either at common law or under statute. The customers, apparently, only had contractual rights.
  13. ^ For example, the Safety Deposit Current Accounts Bill 2008 cls 1–2, proposed a proprietary saving account option.
  14. Crown immunity when ejecting a tenant, and was bound to normal obligations.[227]
  15. ^ Woolmar noted that PPP contracts were 28,000 pages long or 2 million words.[245]
  16. ^ The London Regional Transport Act 1984 had abolished the Greater London Council and established London Underground Ltd, controlled by central government.
  17. ^ Section 4 of the Telegraph Act 1869 gave the Postmaster General exclusive privilege of sending messages, with certain exceptions, and a monopoly on all telegraph business. In AG v Edison Telephone Company of London (1880) 6 QBD 244, 255, the Telegraph Act 1869 was applied to telephones because ‘absurd consequences would follow if the nature and extent of those powers and duties [under the Act] were made dependent upon the means employed for the purpose of giving the information’.
  18. ^ The British Telecommunications Act 1981 separated BT from the Post Office, and enabled licensing of private companies: the first was Cable & Wireless in 1981.
  19. ^ Telecommunications Act 1984, selling BT shares, and establishing the Director General of Telecommunications to regulate the privatised company, including price-fixing.[266]
  20. ^ Under section 2(3) of the Wireless Telegraphy Act 2006 this must be objectively justifiable, non-discriminatory, proportionate and transparent. Under section 5, the Secretary of State should also consider desirability of technological and infrastructure service neutrality.
  21. Lord Reith
    .
  22. ^ The BBC's royal charter still incorporates this.[291]
  23. ^ In Lynch v BBC, Hutton J held BBC was formerly under no duty to act impartially in political matters, so this was changed duty not enforceable in courts. This meant that a candidate for the "Worker's Party" which was excluded from BBC programmes before elections had no claim.[298]
  24. ^ There are four further government ministers responsible for economic affairs (though these may change): the Finance Secretary, responsible for the tax system and tax credits; the Economic Secretary, responsible for growth, enterprise, productivity; the Exchequer Secretary, excise duties, personal savings, pensions; and the Financial Services Secretary, financial services, banking support, foreign exchange reserves.
  25. ^ That is £95.52 a week for someone paying in the main rate. The annual rates, assuming 52 weeks of earnings, is £8,632.52–£50,024, totalling £4,967.04 in NICs each year.[325][326]
  26. ^ That is £3,803.60 for someone earning £50,000. The Income Tax (Trading and Other Income) Act 2005 defines which trading income is caught, and deductions for expenses.

Notes

  1. ^ a b Office for National Statistics, Second estimate of GDP: January to March 2018 (22 February 2018)
  2. International Covenant on Economic, Social and Cultural Rights 1966
    arts 11–14.
  3. UDHR 1948 art 26
    "free, at least in the elementary and fundamental stages" and "higher education shall be equally accessible to all on the basis of merit."
  4. CFREU 2000 art 14
    .
  5. ^ M Hübner, ‘Do tuition fees affect enrollment behavior? Evidence from a ‘natural experiment’ in Germany’ (2012) 31(6) Economics of Education Review 949. C Callender and J Jackson, ‘Does the Fear of Debt Deter Students from Higher Education?’ (2005) 34(4) Journal of Social Policy 509. L Dearden, E Fitzsimons and G Wyness, 'The Impact of Tuition Fees and Support on University Participation in the UK' (2011) IFS Working Papers W11/17
  6. Yale
    $25 billion.
  7. ^ Further and Higher Education Act 1992 ss 62–69. "Higher Education and Research Act 2017: Section 1", legislation.gov.uk, The National Archives, 27 April 2017, 2017 c. 29 (s. 1), establishing the Office for Students
  8. ^ The Higher Education and Research Act 2017 renamed the umbrella body "UK Research and Innovate" and added "Innovate UK" and "Research England". "Higher Education and Research Act 2017: Section 92", legislation.gov.uk, The National Archives, 27 April 2017, 2017 c. 29 (s. 92)
  9. ^ "Education Act 1962: Section 1", legislation.gov.uk, The National Archives, 29 March 1962, 1962 c. 12 (s. 1)
  10. ^ Higher education: report of the Committee appointed by the Prime Minister under the Chairmanship of Lord Robbins 1961–63. Committee on Higher Education. 23 September 1963. Cmnd 2154. Archived from the original on 30 October 2013.
  11. ^ "18: Who should pay for higher education?". Higher Education in the learning society: Main Report. The National Committee of Inquiry into Higher Education. 1997. p. 24. Archived from the original on 11 February 2015.
  12. ^ Independent Review of Higher Education Funding and Student Finance. Browne Review. 2010.
  13. ^ "Higher Education (Higher Amount) (England) Regulations 2016: Regulation 6". legislation.gov.uk. The National Archives. 13 December 2016. SI 2016/1206 (reg. 6).
  14. ^ "Higher Education (Amounts) (Wales) Regulations 2015: Regulation 3". legislation.gov.uk. The National Archives. 7 July 2015. SI 2016/1496 (reg. 3). the prescribed maximum amount [...] is £9,000.
  15. ^ e.g. Commission v Austria (2005) C-147/03
  16. ^ Scotland Act 1998 ss 28–29 and Sch 6 leaves higher education fees as a devolved matter. See also Brown v Secretary of State for Scotland (1988) Case 197/86
  17. ^ Higher Education Act 2004 ss 23–24 (SS sets fees up to a 'higher amount') and 31–34 (Director of Fair Access requires fee-charging university plans).
  18. ^ R (Bidar) v London Borough of Ealing (2005) C-209/03
  19. ^ An exception is that section 15 of the King's College London Act 1997, which requires thirteen elected members, but these were abolished in 2009. "King's College London Act 1997: Section 15". legislation.gov.uk. The National Archives. 31 July 1997. 1997 c. iii (s. 15).
  20. S2CID 203001380
    .
  21. ^ Cambridge University Act 1856 ss 5 and 12
  22. ^ Cambridge University Statute A, chs I-IV Archived 1 December 2017 at the Wayback Machine, and ch IV(2) on voting rights.
  23. ^ Education Reform Act 1988 ss 124A, 128, Schs 7 and 7A, para 3 (on constitutions by Privy Council)
  24. ^ For example, R (Evans) v University of Cambridge [1998] Ed CR 151, [1998] ELR 515, Sedley J allowing a claim for Dr Evans to challenge not being promoted to reader on grounds of a hostile faculty member taking part in a review. R (Persaud) v University of Cambridge [2001] EWCA Civ 534, judicial review allowed for astronomy PhD candidate being failed after it was shown that the process was unfair.
  25. ^ [2000] EWCA Civ 129
  26. ^ [2000] EWCA Civ 129, [17] and [30]–[35]
  27. ^ For example, Gajree v Open University [2006] EWCA Civ 831 holding there was no reasonable prospect of success for a paper getting 38% and failing. Abramova v Oxford Institute of Legal Practice [2011] EWHC 613 (QB) claimed an LPC had no guidance on taking exams, or giving feedback. The High Court held the claimant was ‘ready to blame anyone but herself for her misfortunes’. Siddiqui v University of Oxford [2016] [1] EWHC 3150 (QB) allowing a claim to go to trial.
  28. ^ Buckland v Bournemouth University [2010] EWCA Civ 121
  29. ^ Equality Act 2010 ss 90–94, 98–99, 116. Historically, the Universities Tests Act 1871 required universities to allow non-conformists (i.e. non-Anglican) entry. The Higher Education Act 2004 provides for a complaints procedure to be followed in universities. "Higher Education Act 2004: Part 2". legislation.gov.uk. The National Archives. 1 July 2004. 2004 c. 8 (ss. 11–21).[permanent dead link]
  30. ECHR 1950 arts 2, 3 and 8
    (right to life, no torture, private and family life) set only the most minimum standards, although exceptions to most rights refer to protection of health.
  31. Ministry of Justice, Rights and Responsibilities: Developing our Constitutional Framework (2009) Cm 7577, para 1.11 (ranking the NHS as a landmark next to the Magna Carta) and Joseph Rowntree Memorial Trust, State of the Nation 2006 (2006) finding an ICM poll 88% of people said the right to NHS hospital treatment in a reasonable time should be in any future Bill of rights
    , compared to 89% who wanted to include the right to a fair trial before a jury.
  32. ^ e.g. P Armstrong, 'Socialized healthcare: The 'untouchable' of UK politics' (5 May 2010) CNN. British Future, State of the Nation (2013) 16–18 and 26 polling 2,515 people in 2012. See further, 'Public satisfaction with the NHS' (2016) www.kingsfund.org.uk
  33. ^ See OECD, Health Expenditure and Financing (2017) at stats.oecd.org
  34. ^ a b Between 2012 and 2013, from 8.5% to 9.9% of GDP, or US$3069.7 per capita to US$3613.1, calculated by the OECD at 2010 prices: stats.oecd.org
  35. Minister for Health, Aneurin Bevan
    from the Labour Party leadership over introduction of charges for dental and optical services.
  36. ^ See 'NHS prescription charges from April 2017' (16 March 2017). See also, 'NHS Prescription Charges' (2012) politics.co.uk
  37. Department of Health, NHS Constitution for England (27 July 2015) art 1(2) Archived 2 June 2017 at the Wayback Machine
  38. ^ Social Insurance and Allied Services (1942) Cmd 6404, ch 1, 11, "Medical treatment covering all requirements will be provided for all citizens by a national health service organised under the health departments..."
  39. ^ BB Gilbert, 'The British National Insurance Act of 1911 and the Commercial Insurance Lobby' (1965) 4(2) Journal of British Studies 127
  40. Sozialgesetzbuch
  41. National Federation of Independent Business v Sebelius 567 US 519
    (2012)
  42. ISBN 0906844096
    .
  43. ^ See OECD, Health Spending and [Health Statistics].
  44. ^ NHS Constitution for England (2015) arts 3a (on patient rights and involvement) and 4a (on staff rights and engagement) Archived 2 June 2017 at the Wayback Machine
  45. regional hospital boards
    ), ss 19–52 and Schs 4–5 (local health authorities and executive councils).
  46. NHS Act 1946
    s 19 and Sch 5
  47. ^ e.g. Democracy in the National Health Service (21 May 1974) C(74)49 remarking how despite some advantages in "the separation of functions" between management, staff and oversight by patients, "total separation is to challenge in a fundamental way the essence of democratic control". It sought "real devolution to those operating the service".
  48. ^ NHSA 2006 ss 40–42
  49. ^ a b "National Health Service Act 2006". www.legislation.gov.uk.
  50. HSCA 2012 ss 9–10 and ss 33–34
  51. NHSA 2006 s 1H referring to the "NHS Commissioning Board", which is branded as NHS England, inserted by HSCA 2012 s 9
    .
  52. HSCA 2012 s 10 and Sch 2, para 1
    .
  53. ^ National Health Service (Clinical Commissioning Groups) Regulations 2012 regs 11–12
  54. HSCA 2012 s 75
  55. HSCA 2012 s 165
    . E Jackson (2016) 44, quoting King's Fund, says the HSCA 2012 has not privatised the NHS but fragmenting structures will "have been profoundly damaging". It "seems likely that the massive organisational changes... contributed to widespread financial distress and failure to hit key targets for patient care..."
  56. ^ NHS (Procurement, Patient Choice and Competition) (No 2) Regulations 2013 regs 3–6
  57. HSCA 2012 s 26
  58. NHSA 2006 ss 1A-C and 3
    (service provision)
  59. ^ [1995] EWCA Civ 43
  60. ^ Doctors had to ‘do more than toll the bell of tight resources. They must explain the priorities that have led them to decline to fund the treatment.’
  61. ^ "Difficult and agonising judgments have to be made as to how a limited budget is best allocated to the maximum advantage of the maximum number of patients. That is not a judgment which the court can make. In my judgment, it is not something that a health authority such as this Authority can be fairly criticised for not advancing before the court."
  62. ^ Toynbee, P. (22 May 1996). "Jaymee and final choices: The story behind the story". The Independent.
  63. ^ [1999] EWCA Civ 1871
  64. ^ [2006] EWCA Civ 392
  65. TFEU art 57 and the Patients' Rights Directive 2011
    (2011/24/EU). This is summarised in the Department of Health, NHS Constitution for England (27 July 2015) arts 3a(iv) ‘in certain circumstances, to go to other European Economic Area countries or Switzerland’ for services available on the NHS.
  66. ^ (2006) C-372/04, ECLI:EU:C:2006:325. See also Geraets-Smits v Stichting Ziekenfonds; Peerbooms v Stichting CZ Groep Zorgverzekeringen (2001) C-157/99, ECLI:EU:C:2001:404
  67. ^ National Health Service Act 2006 ss 175
  68. ^ National Health Service (Charges to Overseas Visitors) Regulations 2015 regs 3–9 (charges cannot be made for emergency treatment).
  69. ^ [2008] ECHR 453. Contrast D v United Kingdom (1997) 24 EHRR 423, where deportation was delayed due to the patient's imminent death.
  70. ISBN 978-0-19-923209-3
    .
  71. ^
    ISBN 978-0-19-923209-3
    .
  72. ISBN 978-0-19-923209-3
    .
  73. ^ Bank of England Act 1694 5 & 6 Will & Mar c 20.
  74. Overend, Gurney and Co
  75. ^ ECB Statute arts 10–11.
  76. ^ "Court of Directors". bankofengland.co.uk. Bank of England.
  77. ^ Bank of England Act 1998 Sch 1, paras 1–2
  78. ^ Bank of England Act 1998 Sch 1, paras 7–8
  79. ^ Bank of England Act 1998 Sch 1, paras 14
  80. S2CID 155966795. {{cite book}}: |website= ignored (help
    )
  81. ^ Cranston, R. (2002). Principles of Banking Law. pp. 121–122.
  82. ^ Gauweiler and Others v Deutscher Bundestag, 16 June 2015, C-62/14, ECLI:EU:C:2015:400
  83. ^ Cranston, R. (2002). Principles of Banking Law. p. 121. This will typically, in turn, produce a change in the base rates of the banks.
  84. ^ Cranston, R. (2002). Principles of Banking Law. p. 121. The size of the reserves clearly determines the volume of money in circulation and the extent to which a bank can itself extend credit to its customers.
  85. ^ Monetary Control. 1980. Cmnd 7858.
  86. Bank of England Act 1998
    s 19
  87. ^ Companies (Model Articles) Regulations 2008, Sch 3, para 20
  88. UK Corporate Governance Code 2016
    section B
  89. ^ Companies Act 2006 ss 168-9
  90. UK Corporate Governance Code 2016
    section D
  91. UK Corporate Governance Code 2016
    , section E
  92. S2CID 155640809
    .
  93. ^ Companies Act 2006 ss 170-77, 260-263
  94. ^ Credit Institutions Directive 2013 (2013/36/EU) arts 8–14
  95. ^ Credit Institutions Directive 2013 (2013/36/EU) arts 88–96
  96. ^ Credit Institutions Directive 2013 (2013/36/EU) art 95, "If employee representation... is provided for by national law, the remuneration committee shall include one or more employee representatives."
  97. ^ Office of Fair Trading v Abbey National plc [2009] UKSC 6
  98. ^ Director General of Fair Trading v First National Bank plc [2001] UKHL 52
  99. ^ Foley v Hill (1848) 2 HLC 28
  100. Banking Act of 1933
  101. ^ Financial Services and Markets Act 2000 ss 214–215
  102. ^ Deposit Guarantee Directive 2014/49/EU
  103. ^ Banking Act 2009 ss 1, 7–13
  104. ^ (EU) No 575/2013, arts 114–134
  105. Coal Industry Act 1994. Previously the Coal Commission from 1933, the National Coal Board, and then British Coal. Also, Atomic Energy Act 1946
    , Pt III provides an unused framework for uranium extraction. Uranium deposits are in Scotland.
  106. ^ a b "Chapter 1". Digest of UK Energy Statistics (PDF). Department for Business, Energy and Industrial Strategy. 2016.
  107. ^ Originally 80% below Kyoto Protocol levels in 1990, this was changed to 100% by the Climate Change Act 2008 (2050 Target Amendment) Order 2019 (SI 2019/1056) art 2
  108. Carbon Border Adjustment Mechanism Regulation 2023 2023/956
  109. British National Oil Corporation
    as a public competitor to the private sector, but was privatised by the following government.
  110. ISBN 978-0-19-871289-3
    .
  111. ^ Bocardo SA v Star Energy UK Onshore Ltd [2010] UKSC 35, [2011] 1 AC 380 (28 July 2010)
  112. EGLR
    233 had held that statutory provisions did not enable compensation by reference to the value of oil deposits.
  113. ^ Petroleum (Production) Act 1918. 21 November 1918. (8 & 9 Geo 5 c 52). No person other than a person acting on behalf of His Majesty, or holding a licence under this Act for the purpose, shall search and bore for petroleum within the United Kingdom
  114. ^ "Petroleum (Production) Act 1934" (PDF). legislation.gov.uk. The National Archives. 12 July 1934. (24 & 25 Geo 5 c 36) s 1. The property in petroleum existing in its natural condition in strata in Great Britain is vested in His Majesty, and His Majesty shall have the exclusive right of searching and boring for and getting such petroleum
  115. ^ Petroleum Act 1998 s 3
  116. ^ The Energy Act 2016 s 2 and Sch 1 transferred functions previously exercised by the relevant Secretary of State or minister, particularly the Petroleum Act 1998 s 3 power to license.
  117. ^ Energy Act 2016 s 9
  118. ^ Energy Act 2016 ss 12–13
  119. Hydrocarbons Directive 94/22/EC
    arts 2–6
  120. ^ "The Petroleum Licensing (Production) (Seaward Areas) Regulations 2008: Schedule 1". 5 February 2008. SI 2008/225.
  121. ^ Environmental Permitting (England and Wales) Regulations 2010. Water Resources Act 1991
  122. ^ Albrecht, E.; Schneemann, D. (2014). "Fracking in the United Kingdom: Regulatory Challenges between Resource Mobilisation and Environmental Protection". Carbon & Climate Law Review. 8 (4): 238.. The Department for Business, Energy and Industrial Strategy consults with the Environment Agency, Health and Safety Executive and the Health and Protection Agency.
  123. ^ R (Frack Free Balcombe Residents Association) v West Sussex CC [2014] EWHC 4108 (Admin) at para. 128 (5 December 2014) "In my judgment that very clear statement of principle is one which must apply in this case. While I have no doubt that County Councillor Mullins meant well, the reality of her objection was that she asked WSCC to refuse to permit that which it would otherwise have permitted, on a basis that its granting permission would excite opposition leading to protests designed and intended to disrupt a perfectly lawful activity. In my judgment, had it taken County Councillor Mullins' original argument into account, WSCC would have had regard to an immaterial consideration and would have acted unlawfully."
  124. Finance Act 2016
    s 140(1)
  125. ^ Corporation Tax Act 2010 s 330. This did go up to 20% in 2006, but was since reduced.
  126. ^ "Taxpayers may be liable for North Sea decommissioning bill, says study". BBC News. 21 November 2016.
  127. Renewable Energy Directive 2009 2009/28/EC
    art 3 and Annex I]
  128. nine plants left, but all are converting to biomass or closing by 2025. However, open-pit coal mining in the United Kingdom
    continues.
  129. ^ "Chapter 5". Digest of UK Energy Statistics (PDF). Department for Business, Energy and Industrial Strategy. 2016.
  130. doi:10.1016/S0262-4079(16)31736-5
    .
  131. carbon budget
    including the year 2030.
  132. ^ Energy Act 2013 ss 131–138
  133. ^ Inserted by Employment Act 2008 ss ss 37–40, originally introduced by the Utilities Act 2000 ss 62–67. Known as a "renewable portfolio standard" in the US.
  134. ^ Renewables Obligation Closure Order 2014 and Renewables Obligation Closure (Amendment) Order 2015 art 2, made under Electricity Act 1989 ss 32K-L
  135. ^ [2016] EWCA Civ 117
  136. ^ Planning our electric future: a White Paper for secure, affordable and low‑carbon electricity (2011) Cm 8099, 148–150
  137. ^ Employment Act 2008 ss 41–43 on the feed-in tariffs.
  138. ^ Reduction in the rates was successfully challenged in Breyer Group Plc v Department of Energy and Climate Change [2015] EWCA Civ 408 and SS for Energy and Climate Change v Friends of the Earth [2012] EWCA Civ 28
  139. ^ (2001) C-379/98
  140. AG Jacobs
    : "If the argument of the Commission and PreussenElektra were to be accepted then all sums which one person owes another by virtue of a given law would have to be considered to be State resources. That seems an impossibly wide understanding of the notion."
  141. ^ Vaughan, Adam (27 October 2017). "Publicly owned energy minnows take on big six in troubled UK market". TheGuardian.
  142. ^ Treaty on the Functioning of the European Union Article 345  – via Wikisource.
  143. ^ Treaty on the Functioning of the European Union Article 63  – via Wikisource.
  144. ^ M. Florio, ‘The Return of Public Enterprise’ (2014) Working Paper N. 01/2014
  145. ^ "Gemeindeordnung Nordrhein-Westfalen 1994" [North Rhine-Westphalia Municipal Code 1994] (in German). §§107-113.
  146. Gas and Electricity Markets Authority
    (GEMA), but the older name is preferred.
  147. ^ Utilities Act 2000 Sch 1, para 2A
  148. ^ Utilities Act 2000 ss 1, 5 and Sch 1, paras 1–3
  149. ^ Electricity Act 1989 s 4
  150. ^ Utilities Act 2000 s 68
  151. ^ R (Scottish Power) v Director General of Electricity Supply [1997] CLY 4949, quashing a decision of the DG that refused to modify licence conditions.
  152. ^ Electricity Act 1989 s 5 and Electricity (Class Exemptions from the Requirement for a Licence) Order 2001
  153. ^ Finn-Kelcey v Milton Keynes BC [2008] EWCA Civ 1067, on the three-month period to make a challenge.
  154. ^ [2015] UKSC 74
  155. ^ [2016] EWCA Civ 84
  156. ^ "Energy Trends: UK renewables". GOV.UK. 27 July 2023.
  157. ^ Utilities Act 2000 ss 9 and 13 revising Electricity Act 1989 s 3A and Gas Act 1986 s 4AA
  158. EA 1989
    s 44, Ofgem can ‘direct that the maximum prices at which electricity supplied by authorised suppliers may be resold’.
  159. ^ J Meek, ‘How we happened to sell off our electricity’ (2012) 34(17) London Review of Books 3
  160. ^ "Standard conditions of electricity supply licence" (PDF). GEMA. 2018.
  161. ^ "Cold homes caused 9,000 deaths last winter, study suggests". BBC News. 21 March 2016.
  162. ^ "Excess winter mortality in England and Wales: 2016 to 2017 (provisional) and 2015 to 2016 (final)". Office for National Statistics. 22 December 2017.
  163. ^ Gas Act 1986 ss 3, 4AA, 34 (regulatory objectives) and 5–11, 19 and 23-23G (gas licensing, consuemers, modification of conditions and appeal)
  164. ^ Nuclear Installations Act 1965 ss 1, 65–87 (nuclear licensing). There are just eight remaining UK nuclear plants, four due to close between 2023 and 2024, and four between 2028 and 2035, all run by the French state-owned EDF Energy. However Hinkley Point C nuclear power station is being built for £20.3bn by 2025, to be paid over a 35-year period: Watt, Holly (21 December 2017). "Hinkley Point: the 'dreadful deal' behind the world's most expensive power plant". The Guardian./ Harrabin, Roger (11 September 2017). "Offshore wind power cheaper than new nuclear". BBC News.. Two firms promise to build wind turbines for £57.50 per megawatt hour for 2022–23, while Hinkley's costs mean £92.50 per megawatt hour.
  165. ^ Foster v British Gas plc (1990) C-188/89, [1991] 2 AC 306 (on nature of a public service)
  166. ^ Insolvency Act 1986 ss 72C-D and Sch 2A, para 10
  167. ^ "Supplier of Last Resort: Revised Guidance" (PDF). Ofgem. 2008.
  168. ^ Energy Act 2011 ss 94–102
  169. ICESCR 1966
    art 11(1), which is ratified by the UK, both expressly protect the right to food, in which water is implicit. This was acknowledged by the UN Committee on Economic, Social and Cultural Rights (2002) General Comment No 15.
  170. ^ E McGaughey, Principles of Enterprise Law: the Economic Constitution and Human Rights (Cambridge UP 2022) ch 13, 'Food, forests and water'
  171. ^ S Hendry, Frameworks for Water Law Reform (2014) ch 5, 86 and C Harlow and R Rawlings, Law and Administration (3rd edn 2009) ch 7, 292–304
  172. ^ J Getzler, A History of Water Rights at Common Law (2004) 328–352
  173. ^ E Porter, Water Management in England and Wales (1978) 29
  174. ^ e.g. Water (Scotland) Act 1980 (c 45)
  175. ^ Water Act 1989 ss 4, 83–85 were the initial privatisation provisions. See C Harlow and R Rawlings, Law and Administration (3rd edn 2009) ch 7, 293–295.
  176. ^ e.g. 'Water costs cheaper in Scotland' (19 February 2009) BBC
  177. ^ S Hendry, Frameworks for Water Law Reform (2014) ch 5, 78, quoting P Marin, Public private partnerships for urban water utilities: A review of experiences in developing countries (2009) finding 7% of companies were privatised, and suggesting even if this is too low, 15% would be a "generous estimate".
  178. ^ D Hall, E Lobina and P Terhorst, 'Re-municipalisation in the early twenty-first century: water in France and energy in Germany' (2013) 27(2) International Review of Applied Economics 193 and J Meek, ‘Not a drop to drink’ in Private Island: Why Britain Belongs to Someone Else (2014) ch 3
  179. ^ See 'Water costs cheaper in Scotland' (19 February 2009) BBC. D Hall, E Lobina and P Terhorst, 'Re-municipalisation in the early twenty-first century: water in France and energy in Germany' (2013) 27(2) International Review of Applied Economics 193 and J Meek, ‘Not a drop to drink’ in Private Island: Why Britain Belongs to Someone Else (2014) ch 3
  180. ^ Water Industry (Scotland) Act 2002, constitutes Scottish Water. Sch 3 requires an 8–13 member board appointed by the Scottish Ministers as experts. The Water (Scotland) Act 1980, contains duties and functions. The Sewerage (Scotland) Act 1968 deals with sewage.
  181. ^ Water Industry (Scotland) Act 2002 s 1
  182. ^ There is, however, a "Customer Forum" without any binding rights, but which may have some useful input: see S Hendry, Frameworks for Water Law Reform (2014) ch 5, 95, fn 282
  183. ^ See Griffin v South West Water Services [1995] IRLR 15 and Fish Legal v Information Commissioner, United Utilities, Yorkshire Water and Southern Water (2014) C-279/12
  184. ^ Water Industry Act 1991 s 1A and Sch 1A, para 1. This was amended by the Water Act 2003
  185. ^ Water Industry Act 1991 s 2
  186. ^ cf Water Industry (Scotland) Act 2002 s 1, requiring "promoting the interests of customers".
  187. National Assembly for Wales, the Environment Agency
    , and the Natural Resources Body for Wales.
  188. ^ e.g. R Graham, 'Water in the UK – public versus private' (19 December 2014) openDemocracy
  189. WIA 1991
    ss 66A-L. Slightly different, WIA 1991 ss 105A-C enables transfer of lateral drains and private sewers to water companies where they were draining to a public mains sewer and treatment works, to avoid deterioration. Water Industry (Schemes for Adoption of Private Sewers) Regulations SI 2011/1566.
  190. ^ S Hendry, Frameworks for Water Law Reform (2014) ch 5, 81
  191. WIA 1991
    ss 11–12, price determinations and conditions set in Instruments of Appointment, Condition B, each 5 years.
  192. WIA 1991
    ss 142–150
  193. WIA 1991
    ss 192A-B, 201–202
  194. WIA 1991
    ss 31–35.
  195. ^ See R (Oldham MBC) v Director General of Water Services (1998) 31 HLR 224 finding automatic disconnection from water through a prepayment meter did not comply with the law. R (Lancashire CC) v Director of Water Services [1999] EnvLR 114, stopped disconnections or limiting devices. The Water Industry Act 1999 stopped arbitrary disconnections.
  196. ^ ater Industry (Charges) (Vulnerable Groups) Regulations SI 1999/3441 and Floods and Water Act 2010 s 44. This does not mean that company profits' are reduced by vulnerable customers, as companies can raise prices for other customers to ensure their profits are not reduced.
  197. WIA 1991
    ss 37, 45 (water) and 94–99 (sewers).
  198. ^ Drinking Water Quality Directive 98/83/EC art 4, meaning water is free from any micro-organisms and parasites dangerous to health, and complies with chemical and biological standards listed in Annex I. This is implemented by the Water Supply (Water Quality) Regulations 1989 SI 1989/1147. In McColl v Strathclyde RC 1983 SC 225 water fluoridation was successfully challenged.
  199. WIA 1991 s 19 of accepting undertakings from water companies (instead of s 18 enforcement orders) was not an adequate legal framework to comply with EU law. Contrast Commission v Spain (2003) C-278/01, ECLI:EU:C:2003:635 on bathing water quality, where the CJEU confirmed fines of a €624,150 per year and per 1% of bathing areas in Spanish inshore waters which were found not to conform to the Bathing Waters Directive 2006/7/EC
    .
  200. ^ WIA 1991 s 86
  201. ^ Water Supply and Sewerage Services (Customer Service Standards) Regulations 2008 (SI 2008/594) regs 6–12
  202. WIA 1991 ss 27A-27K
  203. ^ By William Heath at the time of the Commission on the London Water Supply report, 1828
  204. ^ Department of Transport v North West Water Authority [1984] AC 336
  205. ^ [2003] EWCA Crim 2243
  206. ^ [2003] UKHL 66
  207. ^ [2014] UKSC 40
  208. ^ [1994] 2 AC 264
  209. ^ Water Framework Directive 2000/60/EC recital 53, and see E Fisher, B Lange and E Scotford, Environmental Law Text, Cases, and Materials (2013) ch 14
  210. ^ H Trenbirth, Woodland natural capital accounts: 2022 (2022) Office for National Stastics
  211. ^ Agriculture Act 2020 ss 1-6
  212. ^ See also the Weeds Act 1959, Badgers Act 1991, Protection of Badgers Act 1992 and regulations implementing the Birds Directive and Habitats Directive
  213. ^ Universal Declaration of Human Rights 1948 art 25. International Covenant on Economic, Social and Cultural Rights 1966 art 11. European Convention on Human Rights art 8 and Prot 1, art 1.
  214. ^ Corporation Tax Act 2010 s 529(4)(b)
  215. ^ Social Security Contributions and Benefits Act 1992 ss 130-130A
  216. ^ Housing Act 1985 ss 119, 126, 139, 155-9 governs the right to buy.
  217. ^ E McGaughey, Principles of Enterprise Law (2022) ch 14, 489
  218. ^ Building Act 1984 s 1 and Building Regulations 2010 regs 21-35, also Energy Act 2011 ss 43 and 46 for tenant energy efficiency.
  219. Residential Tenancies Act 2006
    in Ontario, with a 2.5% price rise each year, or lower if fixed by a Minister.
  220. ^ Civil Code, Bürgerliches Gesetzbuch §§535-580a, on the "rent mirror" (Mietspiegel) to prevent rents rising by more than customary in the locality.
  221. ^ Landlord and Tenant Act 1985 ss 1, 9A-11, 19
  222. ^ Housing Act 1988 s 21
  223. ^ But see Charalambous v Ng [2014] EWCA Civ 1604
  224. ^ Landlord and Tenant Act 1954 ss 25-26
  225. ^ H Lind, ‘Rent Regulation: A Conceptual and Comparative Analysis’ (2001) 1(1) International Journal of Housing Policy 41
  226. B Webb, English Local Government Vol 5, The story of the king's highway (1913
    )
  227. ^ Tamlin v Hannaford [1950] 1 KB 18
  228. ^ T de Castella, 'Have train fares gone up or down since British Rail?' (22 January 2013) BBC
  229. ^
    Oyster cards from 2004) under Boris Johnson, while fares were held constant under Ken Livingstone and Sadiq Khan
    .
  230. Office of Rail & Road which had existed since 2003, that in turn replaced the Rail Regulator
    .
  231. ^ Railways and Transport Safety Act 2003 Sch 1, para 2, dismissal possible for absence from meetings for 3 months, financial or personal interest, ‘has misbehaved’ or ‘is unable, unfit or unwilling to perform his functions as a member.’
  232. ^ Railways Act 1993 s 4
  233. First Railway Directive
    91/440/EC.
  234. ^ Single European Railway Directive 2012/34/EU art 5–6
  235. doi:10.1093/cje/ben040
    . Just one week before the court handed down its decision, Network Rail (the company that replaced Railtrack) and the engineering firm Balfour Beatty had been fined £13.5 million for their part in the Hatfield rail disaster of 2000, where four people died, seventy injured. Hatfield was one of a long series of fatal rail accidents in which Railtrack's working practices and safety record was implicated (Wolmar, 2001). On this issue the shareholders were silent. At no point had they spoken up, let alone campaigned, about the company's safety record. They did not, apparently, feel in any way responsible for the behaviour of the company from which they had been drawing dividends and whose management was legally bound to act in their interests. The cases are illustrative of the tendency of shareholders to schizophrenically identify themselves very closely with the companies in which they hold shares for some purposes, while seeing themselves as completely separate from them for others.
  236. ^ [2005] EWHC 2192 (Ch) per Lindsay J.
  237. ^ L Whitehouse, ‘Railtrack is dead – long live Network Rail?’ Nationalisation under the Third Way’ (2003) 30 JLS 217. The Future of Rail: White Paper (July 2004) Cm 6233. cf R Jupe, ‘Public (interest) or private (gain)? The curious case of Network Rail's status’ (2007) 34 JLS 24, 252, noting that the former Prime Minister Tony Blair disparaged, ‘the sterile debate between wholesale privatisation and old-style state control.’ See further TUC, Rebuilding Rail (2012) pointing out high CEO pay at Network Rail, and that it was not formally classified by as a public body until 2013.
  238. ^ [2014] UKSC 3.
  239. Single European Railway Directive 2012/34/EU
    art 10, Conditions of access to railway infrastructure (1) ‘Railway undertakings shall be granted, under equitable, non-discriminatory and transparent conditions, the right to access to the railway infrastructure in all Member States for the purpose of operating all types of rail freight services.’
  240. ^ [2006] EWHC 1942 (Admin)
  241. ^ Railways Act 1993 s 25
  242. ^ Scotland Act 2016 s 57, amending RA 1993 s 25
  243. ^ "Jeremy Corbyn's nationalisation plans are music to ears of public". The Guardian. 1 October 2017.
  244. ^ "76% support rail nationalisation". Yougov. 6 August 2015.
  245. ^ Wolmar, C. (2002). Down the Tube: The battle for London's underground.
  246. ^ Greater London Authority Act 1999 ss 41 and 141 (Mayor duties for transport) and ss 210–230 (PPP agreements).
  247. ^ R (Transport for London) v London Regional Transport [2001] EWHC Admin 637, per Sullivan J, "‘Entering into agreements may be wise, as asserted by the Government, LUL and LRT, or it may be foolish, as claimed by the Mayor and... TfL... judgments about the merits, as opposed to the legality of entering into the proposed PPP agreements, must be made by elected politicians and not by judges."
  248. ^ C Millett, 'Metronet failure cost taxpayer upto £410m' (5 June 2009) Contract Journal. See also House of Commons, Transport Committee (January 2008) "The return anticipated by Metronet’s shareholders appears to have been out of all proportion to the level of risk associated with the contract..." “In terms of borrowing, the Metronet contract did nothing more than secure loans, 95% of which were in any case underwritten by the public purse, at an inflated cost..." “Metronet’s inability to operate efficiently or economically proves that the private sector can fail to deliver on a spectacular scale.." See also Re Metronet Rail BCV Ltd [2007] EWHC 2697 (Ch)
  249. ^ Railways Act 1993 s 28(1) ‘A franchise agreement may include provision with respect to the fares to be charged for travel by means of the franchised services.’ Also, s 29(5) ‘subject to any [statutory] requirements a franchise agreement may contain any such provisions as the Franchising Director thinks fit’.
  250. ^ e.g. DataBlog, ‘Rail fares rise: All the available data on British rail revenues’ (17 August 2011) Guardian, fares rising 8% and ticket holders prices rising 13%
  251. ^ Greater London Authority Act 1999 s 174. However, courts have attempted to intervene in the past: Bromley LBC v Greater London Council [1981] UKHL 7 (no deficit spending for fare reductions).
  252. Passenger Rights Regulation 2007
    (EC) No 1371/2007 art 3 (bikes), 8–9 (information and tickets), 17 (delays: 25% of the ticket price for a 60–119 min delay, 50% for 120 min or more. Season tickets in accordance with company policy. Threshold claim is €4.)
  253. ^ [1996] CLC 596
  254. ^ RA 2005 ss 19–21 and Schs 5–6
  255. ^ Railways Act 1993 ss 76–78
  256. ^ Railways Act 1993 ss 59–65 and Sch 6
  257. ^ Winsor v Special Railway Administrators of Railtrack Plc [2002] EWCA Civ 955
  258. HGVs
    are 40% of emissions, buses 16%, taxis 2%, cars 43%, and other vehicles 1%, across the UK.
  259. UDHR 1948
    , arts 18 (thought) and 19, ‘Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’
  260. ECHR 1950
    , art 9 (thought) and 10(1) ‘Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.’ This is subject to limits in art 10(2).
  261. CFREU 2000
    art 10 (thought) and art 11(1) ‘Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. (2) The freedom and pluralism of the media shall be respected.’
  262. UDHR 1948
    art 12.
  263. CFREU 2000
    art 7 ‘Everyone has the right to respect for his or her private and family life, home and communications.’
  264. ECHR 1950
    art 8(1) ‘Everyone has the right to respect for his private and family life, his home and his correspondence.’
  265. ^ Entick v Carrington [1765] EWHC KB J98
  266. ^ Littlechild, S. (1983). Regulation of British Telecommunications Profitability: Report to the Secretary of State.
  267. ^ Electronic Communications Framework Directive 2002 2002/21/EC arts 8–9 (on regulator tasks)
  268. ^ Authorisation Directive 2002 2002/20/EC arts 3–7
  269. ^ Access Directive 2002 2002/19/EC arts 3–5
  270. ^ The Universal Service Directive 2002 2002/22/EC arts 3–4 and 9–13 (telephone connection, affordability)
  271. ^ Communications Act 2003 s 3, also mentioning the need to prevent offensive, harmful or unfair material in TV and radio (but not Internet). Under s 4, it must comply with EU law.
  272. CA 2003 s 5
  273. CA 2003
    s 147
  274. ^ Communications Act 2003 s 148
  275. ^ Wireless Telegraphy Act 2006 ss 8–9
  276. ^ [2017] EWCA Civ 1873
  277. CA 2003
    ss 87–88
  278. ^ Telefonica O2 UK Ltd v British Telecommunications plc [2014] UKSC 42
  279. ^ Ofcom, The Communications Market 2016 154, Figure 4.2.1 and Ofcom, Communications Market Report (2017) 147, Figure 4.15
  280. ^ Walden, I. (2012). Telecommunications Law and Regulation. pp. 120–123.
  281. ^ France Telecom SA v Commission (2009) C-202/07
  282. ^ Deutsche Telekom AG v Commission (2010) C-280/08
  283. ^ Telefónica SA v Commission (2014) C-295/12
  284. ^ TalkTalk Telecom Group Plc v Ofcom [2013] EWCA Civ 1318
  285. ^ Vodafone Ltd v British Telecommunications Plc [2010] EWCA Civ 391
  286. ^ Universal Service Directive 2002/22/EC arts 3–4 and 9–13 (telephone connection, affordable)
  287. ^ Communications Act 2003 ss 58–59
  288. ^ Roaming Regulation (EU) No 531/2012 arts 7–8 (this is the successor to 717/2007)
  289. ^ (2010) C-58/08
  290. ^ White Paper on Broadcasting Policy (1946) Cmd 6852.
  291. ^ Royal Charter of the BBC (2016) Cm 9365, art 5
  292. ^ Royal Charter of the BBC (2016) Cm 9365, arts 3–7
  293. ^ BBC Charter (2016) Cm 9365, arts 21–25
  294. ^ BBC Charter (2016) arts 27–32
  295. CA 2003
    s 198
  296. CA 2003
    ss 3, 42, 232–240, 319
  297. CA 2003
    ss 357, 391 and Sch 14
  298. ^ Lynch v BBC [1983] NILR 193
  299. CA 2003
    s 319, while s 320 further defines impartiality.
  300. CA 2003 s 333 and the Political Parties, Elections and Referendums Act 2000
    ss 37 and 127.
  301. ^ [2011] EWCA Civ 692. An appeal to ECHR was rejected.
  302. ^ [2014] EWHC 961 (Admin)
  303. ^ Alexa Top Sites Archived 4 March 2018 at the Wayback Machine (2018)
  304. ^ See 'Letter from Mark Rotenburg to Facebook' (27 November 2017)
  305. Carafano v. Metrosplash.com
    , 339 F.3d 1119 (9th Cir 2003)
  306. ^ 2000/31/EC) art 14
  307. ^ Electronic Commerce Directive 2000, art 15
  308. ^ [2016] NICA 54
  309. 3 Cha. 1. c. 1), the Case of Ship Money, R v Hampden (1637) Salmon's State Trials, vol 1, 698, the Ship Money Act 1640 and the English Civil War
    .
  310. ^ e.g. Commissioners of Customs and Excise v Cure and Deeley Ltd [1962] 1 QB 340, and Woolwich BS v IRC (No 2) [1993] AC 70, ultra vires money recoverable by taxpayer with interest.
  311. ^ Standing Order (1713) HC 314, SO 48
  312. ^ e.g. the document on Departmental Strategic Objectives (2007) aimed to ensure ‘high and sustainable levels of economic growth, well being and prosperity for all’, and to eradicate child poverty by 2020. This latter goal was removed by the succeeding government as the Child Poverty Act 2010 was renamed the Life Chances Act 2010.
  313. ^ Commissioners for Revenue and Customs Act 2005 s 11 and the Taxes Management Act 1970, on the administration of HMRC.
  314. ^ Budget Responsibility and National Audit Act 2011 s 1(1)
  315. ^ Budget Responsibility and National Audit Act 2011 ss 2–4
  316. Consolidated Fund Act 1816 s 1 and Exchequer Audit Departments Act 1866
    s 10, ‘All public moneys payable to the Exchequer shall be paid into the Consolidated Fund...’
  317. ^ Social Security Administration Act 1992 s 162
  318. ^ National Loans Act 1968 s 18, there is daily balancing between the NLF and CF.
  319. ^ Miscellaneous Financial Provisions Act 1946
  320. ^ Exchange Equalisation Account Act 1979 s 1
  321. Government Trading Funds Act 1973
  322. ^ Government Resources and Accounts Act 2000 s 7
  323. ^ Income Tax Act 2007 s 3
  324. ^ Income Tax Act 2007 ss 10–12, 35 and 57A. Income Tax (Earnings and Pensions) Act 2003 defines earnings subject to tax and See Income Tax Rates at gov.uk
  325. ^ Social Security Contributions and Benefits Act 1992 ss 1, 8–15.
  326. ^ National Insurance Rates gov.uk
  327. ^ Income Tax Act 2007 s 8
  328. ^ Corporation Tax Act 2010 s 3 refers to the main rate as being set by Parliament, which in turn is set in the Finance (No. 2) Act 2015 s 7 at 19%. For 2020, the March Budget announced the main rate would remain at 19%, notwithstanding the planned drop to 17%.
  329. ^ Taxation of Chargeable Gains Act 1992 s 1H
  330. ^ Value Added Tax Act 1994 s 2, put up by the Finance (No. 2) Act 2010 s 3(1)
  331. ^ Local Government Finance Act 1992 ss 5–6
  332. ^ Local Government Finance Act 1988 ss 41 ff. See also Business rates in Scotland.
  333. ^ e.g. W Easterly and S Rebelo, ‘Fiscal policy and economic growth: An empirical investigation’ (1993) 33(2) Journal of Monetary Economics 417

References

Articles and chapters
  • JR Commons
    , ‘The Webbs’ Constitution for the Socialist Commonwealth’ (1921) 11(1) American Economic Review 82
  • ACL Davies, ‘This Time, it's for Real: The Health and Social Care Act 2012’ (2013) 76(3) Modern Law Review 564
  • TR Gourvish, ‘British Rail’s “Business-Led” Organization, 1977–1990: Government-Industry Relations in Britain’s Public Sector’ (1990) 64(1) Business History Review 109
  • T Jenkinson and C Mayer, 'The Costs of Privatization in the UK and France', in M Bishop, J Kay, and C Mayer (eds), Privatization & Economic Performance (OUP) 290–298
  • T Prosser, ‘Public Service Law: Privatization’s Unexpected Offspring’ (2000) 63(4) Law & Contemporary Problems 63
  • WA Robson, ‘The Public Corporation in Britain Today’ (1950) 63(8) Harvard Law Review 1321
  • H Skovgaard-Petersen, ‘There and back again: portability of student loans, grants and fee support in a free movement perspective’ (2013) 38(6) European Law Review 783
Books
  • R Cranston
    , Principles of Banking Law (2002) chs 3–5
  • EP Ellinger, E Lomnicka and CVM Hare, Ellinger's Modern Banking Law (5th edn 2011) chs 2 and 5
  • D Farrington and D Palfreyman, The Law of Higher Education (2nd edn 2012) chs 4–5 and 12
  • G Gordon et al., Oil and Gas Law: Current Practice and Emerging Trends (2010) ch 4
  • L Hannah
    , Electricity before Nationalisation: A Study of the Development of the Electricity Supply Industry to 1948 (1979)
  • E Jackson
    , Medical Law: Texts, Cases and Materials (4th edn 2016) ch 2
  • A Johnston and G Block, EU Energy Law (2012) ch 7
  • E McGaughey, Principles of Enterprise Law: the Economic Constitution and Human Rights (Cambridge UP 2022)
  • J Montgomery, Health care law (2002) chs 3–4
  • Tony Prosser, The limits of competition law (2004)
  • M Ricks, G Sitaraman, L Menand, S Welton, Networks, Platforms & Utilities: Law and Policy (2022)
  • T Wheelwright
    , Oil and World Politics: From Rockefeller to the Gulf War (1991)

External links

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