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.
Charities: local authorities acting as charity trustees should note the case report published by the Charity Commission on the Knotty Ash Special School Trust, which highlights the need for local authorities taking on such a role to:
- Be aware of their obligation to act in the best interests of the charity; and
- Ensure that the charity’s assets are applied for the charity’s objects and not consumed into general authority property.
Contract law: anyone advising public authorities on entering contracts should note the decision of the High Court in Compass Group UK and Ireland Ltd v Mid Essex Hospital Services NHS Trust, which considered what a contractual duty to act in good faith actually entails.
Education: education lawyers dealing pupil exclusion and truancy should be aware of the following sets of regulations which will come into force on 1 September 2012:
- The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012, which will mean that a school will not be able to be forced to re-admit a pupil that they have excluded.
- The Education (Penalty Notice) (England) (Amendments) Regulations 2012, which amend the 2007 version of the Regulations to increase the penalties that can be issued to parents in relation to two offences dealing with school attendance and truanting. The existing fines have been increased from £50-£60 for those who pay the fine within 28 days and from £100 to £120 for those who pay the fine within 42 days.
Environment: environment lawyers should be aware that:
- The revised contaminated land statutory guidance is now in force in England.
- Consolidated guidance on the CRC Energy Efficiency Scheme has been published.
Local government (members’ conduct): those advising local authorities on the impact of the Localism Act 2011 will be interested in the illustrative text for a local code of conduct for members published by the Department for Communities and Local Government.
Public procurement: public procurement lawyers should note the decision of the Northern Ireland High Court in Easycoach Ltd v Department for Regional Development setting aside contract award decisions made the authority. The court found that numerous errors had been made in the selection and due diligence processes adopted by the authority.
Consultations: this week consultations have been published on: