REUTERS | Mike Blake

PLC Public Sector reports:

Our November case digest focuses on the clarity of selection criteria; when an authority can seek clarification of a tender; and joint control for the Teckal test.

Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or think that we have missed a case that should be brought to the attention of public procurement practitioners.

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Daniel Greenberg, PLC consultant:

If the Attorney General’s referral to the Supreme Court of the first Act of the National Assembly for Wales was intended to set firm ground rules for the application and interpretation of the Government of Wales Act 2006 (GWA 2006), then it has succeeded. If, however, it was an exercise in political wing-clipping of this fledgling legislature, then it has spectacularly back-fired. 

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On 19 November 2012, David Cameron gave a speech to the CBI about speeding up the machinery of government to secure economic success.  He pointed out that implementing government policy is hampered by requirements to consult, to carry out equality impact assessments (EIAs) and to comply with EU procurement rules, and then sometimes having to defend a judicial review challenge of the proposal. Unclogging the process would mean that roads and railways (the drivers of economic prosperity), but not necessarily the airports(!), can be built more quickly. The government therefore proposes introducing the following measures:

  • Cutting back on judicial reviews.
  • Reducing government consultations.
  • Streamlining European legislation.
  • Stopping the gold-plating of legislation in the UK.
  • “Calling time” on EIAs.

 In this opinion piece, we concentrate on the proposed measures to reduce the number of judicial review applications.

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As a result of receiving a large number of queries on the disposal of land by local authorities under section 123 of the Local Government Act 1972 (LGA 1972), we published an Ask the Team dealing with the question whether a local authority  is obliged to take the highest price offered on a disposal of land.  Following the publication of that document, we have continued to receive a number of questions from local authorities on this issue. In this post:

  • We go through some of the queries raised by subscribers to see if other local authorities have faced similar issues and whether they can give any guidance based on their experiences.
  • We invite our readers to raise any other issues around this area that they may be grappling with.

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PLC Public Sector reports:

Our October case digest sees some interesting new High Court decisions on using experts in public procurement claims and a new way of challenging a development agreement, as well as numerous decisions emanating from various EU institutions, including one that considers the old favourite of taking account of tenderers’ experience at the award stage. 

Please feel free to submit a comment below or contact us at: feedback@practicallaw.com if you have any views on the cases covered or think that we have missed a case that should be brought to the attention of public procurement practitioners. 

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