PLC Public Sector reports:

After a Summer break, our public procurement case law digest returns with a look at cases on a variety of subjects including the latest fallout from the Legal Services Commission procurement. 

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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PLC Public Sector reports: 

Services continue to be outsourced by public authorities at an ever increasing rate.  The public procurement regime that governs this process can be challenging and often makes public authorities wary of making a procedural error that could send the process back to square one.  However, it is also important that a focus on the procedure adopted does not lead to general commercial principles being overlooked.

In this post we look at two recent high profile examples arising from contracts at both ends of the scale, highlighting how public authorities should not go about outsourcing services.

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Lawyers working in non-departmental public bodies (NDPBs) often operate in small groups and generally sit outside centrally funded networks such as the Government Legal Service.  At the same time they are often required to advise on a diverse range of complex legal issues. 

Faced with the challenges that this poses, it is easy for a NDPB lawyer to feel isolated, which is only likely to add to the existing pressure of meeting the needs of their organisation.  It was to deal with this problem that the NDPB Lawyers’ Group was established.  In this post, we look at what the group can offer and invite others to get involved.

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Howard Price, Principal Policy Officer, Chartered Institute of Environmental Health (representing local authority officers responsible for the regulation of contaminated land):

On 31 May 2012, Part 2 of the Localism Act 2011 (the Act) dealing with EU financial sanctions came into force.  The provisions give the Secretary of State a discretionary power to require local authorities to contribute to any EU financial sanction imposed under Article 260(2) of the Treaty of the Functioning of the European Union when the acts of the authority have caused or contributed to the infraction of EU law for which the financial sanction is made. They have been described by some politicians as “unfair, unworkable, dangerous and unconstitutional”.  Continue reading