Public matters - March 2023

30 March 2023

Combined County Authorities – key differences to Combined Authorities

The Levelling Up and Regeneration Bill, creates a new type of combined authority for England. The new Combined County Authorities are designed for more rural areas, whereas the existing Combined Authorities typically cover cities. Here, Browne Jacobson’s Head of Public Law, Laura Hughes speaks on the key differences between the provisions in the LURB relating to Combined County Authorities, and the existing legislation used to create Combined Authorities.

Automatic suspension and procurement law

Within procurement law, automatic suspension is an injunction preventing a contracting authority from entering a contract where the decision is being legally challenged. However, in the majority of cases in the Technology and Construction Court over the last few years, contracting authorities have been successful in applications to lift this ‘automatic suspension’. Florence Kennedy runs through in detail the test for lifting a suspension.

HXA and YXA Failure to Remove cases - key considerations in anticipation of the Supreme Court judgment

For those of you that operate within the health and social care sectors you will no doubt be aware that the Supreme Court has granted permission to appeal in failure to remove cases YXA v Wolverhampton City Council and HXA v Surrey County Council. The Appeals will be heard later this year with judgment anticipated in spring 2024. If in the meantime however, you are involved in a Failure to Remove case, litigation expert Sarah Erwin Jones has raised two important considerations that you may wish to consider prior to the judgement being made.

Changes to the Standard Selection Questionnaire effective from 1 April 2023

The Selection Questionnaire (SQ) has been updated on many occasions to keep up with changes in law and policy or following feedback from buyers and suppliers to improve the selection process. The Procurement Policy Note (PPN) 03/23 published by the Cabinet Office on 9 March 2023 updates the SQ and accompanying statutory guidance. Therefore, its important that contracting Authorities familiarise themselves with the changes to the SQ.

Section 106 Agreements: I’m not dead yet

Section 106 Agreements are used by local planning authorities to impose planning obligations on a development. They can place numerous restrictions on the development to ensure a developer meets certain operations, obligations, and financial contributions. This article highlights some of the key changes that the proposed reform intends to do.

Supreme Court will hear Worcestershire case on local authority responsibility for Section 117 Aftercare in April 2023

We know that many of our health and social care clients are waiting to hear the outcome of this appeal and its important because health bodies and local authority adult services teams must be able to forward plan and budget properly which shows the importance of understanding the rules of Section 117.