PLC Public Sector reports:
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EIR: information lawyers should be aware that the Information Commissioner’s Office has published:
- A plain English guide to the Environmental Information Regulations 2004, which is intended to help public authorities have a better understanding of how to apply the EIR.
- Its annual report for 2011/2012, which provides information and statistics on the ICO’s case work and confirms that, in the year, it has issued ten civil monetary penalties totalling £1,171,100.
Local government: local government officers with responsibility for making the arrangements to deal with an allegation that a member has failed to comply with the authority’s code of conduct, including the appointment of an independent person, should be aware that amending Regulations, which came into force on 3 July 2012, mean that a member of the authority’s standards committee may be appointed as an independent person, although their period of appointment cannot extend beyond 30 June 2013.
Procurement: procurement officers will be interested in the decision of the Court of Appeal (Northern Ireland) in Traffic Signs and Equipment Ltd and David Connolly’s Application (Leave Stage) in which the Court of Appeal:
- Dismissed the appellants’ renewed application for leave to appeal on the basis that it agreed with the High Court’s finding that the appellants were making a collateral challenge to an earlier decision in civil proceedings.
- Confirmed that the second appellant, David Connolly, was seeking a remedy by way of judicial review that was not available to him under the Public Contracts Regulations 2006. Although he may be interested in the outcome of the process, there was not a direct impact on him as a result of the Department for Regional Development’s decision to let the contracts, that were the subject of the challenge, elsewhere.
Property and planning: local planning officers should be aware that:
- In relation to the powers under the Flood and Water Management Act 2010 authorising specified bodies to designate structures or features of the environment that have an effect on a flood or coastal erosion risk, the regulations that set out the notice requirements for such designations come into force in Wales on 20 July 2012 and in England on 25 July 2012.
- The Town and Country Planning Association has published a guide for local authorities on taking climate change into account in their planning decisions, including making plans and development decisions.
Social care: health and social care lawyers should note that the government has published a White Paper and a draft Bill (Care and Support Bill) setting out its proposed reforms to the existing care and support system.
Waste authorities: will be interested to know that:
- Objectors to an energy-from-waste incinerator have been refused permission by the Supreme Court to appeal the Court of Appeal’s decision, which overturned the Administrative Court’s decision quashing planning permission for the incinerator. This means that the Court of Appeal’s conclusions that the objectors to the incinerator did not have a legitimate expectation that the Secretary of State would undertake an appropriate assessment of the scheme under the Habitats Regulations and that more than one competent authority can undertake such an assessment stands.
- Interim guidance on the lower rate of landfill tax has been published by HM Revenue and Customs, which clarifies how the lower rate applies.
Consultations: this week consultations have been published on:
- The eligibility criteria for the second phase of free early education for two-year olds.
- A draft mandate to the NHS Commissioning Board.
- The need for a UK Bill of Rights.
- A draft Local Audit Bill.
- The interaction between Blue Badge Scheme eligibility and Personal Independence Payments.
- A code of practice on age-restricted products and services.
- Improving the planning system and supporting sustainable development.
The government has also responded to its: