0370 270 6000
Home arrow Insights & events arrow Resources arrow Blogs arrow contracting authorities now obliged to assist in mystery shopper scheme

Contracting authorities now obliged to assist in mystery shopper scheme

4 June 2015

The Cabinet Office has published a Procurement Policy Note (09/15) on the requirements for contracting authorities to assist with procurement investigations – specifically the Mystery Shopper scheme. Previously, compliance by contracting authorities with this investigation process (instigated by SMEs who felt a tender exercise had not been undertaken fairly or had been unbalanced in favour of larger companies) was optional.

On 26 May 2015, section 40 of the Small Business, Enterprise and Employment Act 2015 came into force, making contracting authorities’ assistance with any such investigation compulsory. Investigations can be into the procurement process or contract management. Contracting authorities may be issued with a notice under section 40 requiring provision of documents and information; if they fail to respond they will be in breach of their statutory duty.

This gives more ‘teeth’ to central government’s powers to intervene in local government procurement and seems contrary to the model of decentralisation that the government is ostensibly working towards.

Related opinions

Vaccinations in the Workplace: a higher expectation than one may think

There is currently no legislation requiring employees within the UK to have the COVID-19 vaccine. However, a recent Acas survey found that approximately 22% of employers intend to require their new staff to have the COVID-19 vaccination, and 21% would require their existing staff to be vaccinated too.

View blog

Mental Health Awareness Week 9th-15th May 2022: Connection is Key

This week is Maternal Mental Health Awareness week, a campaign organised and led by the Maternal Mental Health Alliance (MMHA) member of the Perinatal Mental Health Partnership UK and is designed to raise public and professional awareness of perinatal mental health problems. MMHA is a UK-wide charity which works collaboratively with health professionals and families to bring care to those affected by perinatal mental health problems.

View blog

Fire and Re-hire

In late March, P&O Ferries made 800 members of staff redundant instantaneously and with no notice, to then go on to replace them with cheaper agency workers. This sparked wide range shock and triggered government interest in introducing a new statutory code of practice covering fire and rehire.

View blog

Building Safety Bill receives Royal Assent

The new regime introduced by the Act will take shape over the next 18 months, but those who design, build or manage high rise buildings are being urged to get ready for the changes to be introduced through the act.

View blog

View all blogs

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up

Information

  1. ISO 27001 INFORMATION SECURITY MANAGEMENT UKAS
  2. Investors in people
  3. Lexcel
  5. Plain English Campaign Approved

© Copyright Browne Jacobson LLP 2022 - All rights reserved