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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.
Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
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A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.
Whilst this decision may not be surprising, it will undoubtedly send a chill down the spine of retailers in a similar position to The Fragrance Shop.
The Home Office recently launched a central registry for modern slavery statements. A growing number of educational organisations, including a number of universities, have published statements on the registry.
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