PLC Public Sector reports:
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EIR 2004: Information lawyers will be interested in several recent decisions by the First-tier Tribunal (Information Rights) finding that:
- The Duchy of Cornwall is a public authority for the purposes for the Environmental Information Regulations 2004 (SI 2004/3391) and therefore was required to disclose information relating to a Special Area of Conservation located within the Duchy.
- The Department for Energy and Climate Change was not required to disclose information relating to the financial costs associated with the UK meeting its pledge to reduced emissions by 42% by 2020 (compared to 1990 levels).
FOIA: information lawyers should note the Information Commissioner (IC) has held that although a public authority can, when considering whether a request for information is vexatious, take into account requests made to other public authorities it must provide its own evidence that the request is vexatious.
Health: Those involved with the formation of clinical commissioning groups should be aware that the Department of Health has published directions on the functions of the NHS Commissioning Board Authority including how it will exercise its functions in relation to clinical commissioning boards.
Property: local authority property lawyers may be interested in the following decisions:
- In Hertsmere Borough Council v Lovat, the Court of Appeal considered the meaning of “house” and “adjoining land” upon which there was no previous authority and the decision clarifies when a tenancy is excluded under section 1AA(3) of the Leasehold Reform Act 1967.
- In Drake v Fripp, a case involving a boundary dispute, the Court of Appeal held that as the individual to whom the land was registered had never had title to the disputed land they would not be prejudicially affected if the title plan was altered and did not constitute rectification as the individual was not prejudiced. The decision is helpful in that it confirms that the effect of an order to redraw a boundary is not a case of rectification.
- In London Borough of Newham v Hannan, Nessa and others,the Upper Tribunal has held that, when considering whether to waive compliance with the consultation requirements that are imposed on landlords of residential property under the Service Charges (Consultation Requirements) (England) Regulations 2003, the key issue for consideration is whether the failure to consult has significantly prejudiced tenants. A tenant who alleges that they have been prejudiced by a failure to consult will need to show evidence of the prejudice.
Procurement: procurement officers should be aware that a toolkit for procurers on best practice for evaluating the potential use of open-source solutions has been published by the Cabinet Office.
Consultations: this week consultations were published on: