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Public matters - February 2020

19 February 2020

Welcome to our Public Matters Newsletter.

This month we have:

Advocate General opinion broadens scope of the public - public procurement exemption

Karl Edwards reviews the implications for contracting authorities in the Informatikgesellschaft für Software-Entwicklung (ISE) mbH v Stadt Köln judgment, which appears to widen the scenarios in which contracting authorities can look to rely on the exemption contained with Regulation 12(7) of the Public Contract Regulations 2015 (PCR).

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Social value in procurement

In the context of decreasing public funds, Tara Cole provides an update on the Public Services (Social Value) Act 2012, and its aim to maximise the positive outcomes of the procured services beyond the financial costs of a contract.

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Local planning authorities to extend the time period for determining prior approval applications

Victoria Searle summarises the judgment in Gluck v Secretary of State for Housing Communities and Local Government [2020] EWHC 161 Admin, which overturns the precedent previously established in R (Warren Farm (Wokingham) Limited) v Wokingham Borough Council.

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Clean Air Bill – what is its impact and will it ever become law?

Publicity surrounding clean air could be influential in shaping future government policy. Ben Standing takes a look at the The Clean Air (Human Rights) Bill [HL] 2019-2020, which had its first reading in the House of Commons on 3 January 2020.

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Rent regulation for all

Originally published in ALARM’s member journal, Victoria Curran reviews the new Rent Standard and potential impact for social housing providers.

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Should heading the ball be banned in football lessons?

Victoria Curran looks at the duty of a school to its pupils, potential risk and foreseeability of an injury.

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Training and events

30Jun

What’s the right level of risk? ON24 webinar platform

In this webinar our procurement, health and social care and risk experts will discuss ‘what’s the right level of risk’. They will also discuss what can be done to mitigate risk.

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6Jul

New guidance on exclusions - what you need to know ON24 webinar platform

The department for Education is releasing new guidance on exclusions and suspensions, making changes to the behaviour, suspension and exclusion framework and guidance. Join us on 6 July as we explain the proposed changes and help you understand how they will affect you and your school.

View event

Focus on...

Legal updates

The Procurement Bill - selection, exclusion, conflict of interests and debarment

On 11 May 2022, the UK Government introduced the Procurement Bill which seeks to reform the existing rules on public procurement. The Bill underwent its second reading on 25 May 2022 and we can expect the Act to come into force some time next year. This article will take you through some of the proposed changes on selection, exclusion, conflict of interests and debarment in the procurement process.

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Legal updates

Welsh Human Rights Bill: A parting of the ways?

The Welsh Government has published a report setting out a blueprint for devolution of justice and policing in Wales that pulls no punches in making the case for taking greater control from Westminster.

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Legal updates

The Introduction of the Social Partnership and Public Procurement (Wales) Bill by the Welsh Government

The Social Partnership and Public Procurement (Wales) Bill (the Bill) was introduced by the Welsh Government on 7 June 2022. The Bill is intended to complement other legislation, specifically the Well-being of Future Generations (Wales) Act 2015 (WFGA 2015) and provides a framework for enhancing the well-being of the Welsh people.

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Legal updates

Acclimatise! You can’t afford to cop out!

Climate change could result in local authorities seeing an increase in claims from the employees and the public. In this article, we share our top 10 tips for mitigating the risk of claims.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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