PLC Public Sector reports:
Make sure that you have not missed a key development in your area of the law by reviewing our latest list of recommended actions.
Public Sector equality duty: local authorities should be aware that the general public sector equality duty came into force on 5 April 2011 under a commencement order and also that the list of public authorities in Schedule 19 to the Equality Act 2010 that are subject to the general duty has been added to.
Local authorities in Wales should also note that the National Assembly for Wales has approved specific public sector equality duties regulations and these came into force on 6 April 2011.
Public procurement: public procurement lawyers will be interested in:
- The announcement by the government that a conviction for a commercial organisation failing to prevent bribery under section 7 of the Bribery Act 2010 will result in discretionary and not mandatory exclusion from tenders for public contracts under the Public Contracts Regulations 2006.
- The decision of the High Court in Northern Ireland to uphold an appeal against a government department about the price/quality split that was used in the evaluation of tenders.
Major Projects Authority: anyone involved in a large government project needs to be aware of the new project planning and assurance requirements introduced by the government, which will be overseen by the new Major Projects Authority (MPA). New requirements include a “starting gate” review and a need for detailed project assurance plans to be signed off by both the MPA and HM Treasury.
Government ICT strategy: those advising government departments on ICT projects will need to take account of the government’s new ICT strategy that calls for projects to be smaller and to make more use of existing, proven solutions.
SRA Handbook: all solicitors should be aware that the Solicitor’s Regulation Authority has published a new handbook. It will come into force in October 2011.
FOIA: information lawyers should note that the Information Commissioner’s Office has updated its guidance on the exemption to disclosure for personal information under section 40 of the Freedom of Information Act 2000.
Use of fixed-term contracts: employment lawyers will be interested in the Supreme Court decision in Duncombe where the government’s use of successive fixed-term contracts was held to be objectively justified.
Employment law changes: employment lawyers may also wish to update colleagues in Human Resource departments on the various changes to employment law that have come into effect in April 2011.
Planning: planning lawyers should note that:
- Regulations came into force on 6 April that amend the Community Infrastructure Levy.
- A revised planning policy statement on planning for sustainable waste management has been published.
Education: education lawyers should be aware that the government has updated its information on how to apply to open a Free school.
Children’s services: English local authorities need to be aware that new regulations have been made in respect of the duty for local authorities to make arrangements for children in long-term residential care to be visited by representatives of the authority under section 86A of the Children Act 1989.
Social enterprises: NHS Trusts, Foundation Trusts, social care providers and arm’s length bodies should be aware that the Department of Health has published a guide for staff on the “right to provide” services as a staff-led enterprise.
Health: NHS bodies in Wales should be aware that regulations have been published dealing with new arrangements for the notification of and response to concerns or complaints about services. The regulations also introduce the concept of “redress” for NHS bodies.
Adult social care: the Department of Health has published a national Adult Social Care Framework and a response to its consultation on the previous draft framework, this will be of interest to local authority social care providers.
Local authority publicity: local authorities should note that a code of practice on local authority publicity has been published.
Consultations: this week there have been consultations launched on:
- Proposals to transfer inland waterway management to a new waterways charity.
- Six guidance documents dealing with good behaviour in schools.
- Waste management in Wales.
- A draft code of guidance for local authorities on allocation of accommodation and homelessness in Wales.
- Social housing rents in Wales.
- The future of local government audit.
- The registering of civil partnerships on religious premises.
- The Marine and Coastal Access Act 2009.
- The Walker review of charging for household water and sewerage services in Wales.
- Draft regulations and guidance to support the Carers Strategies (Wales) Measure 2010.