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.
Central government: those interested in the legislative process should note that the Cabinet Office has published a guide to making legislation.
Civil litigation: litigation lawyers should note that:
- A consultation on reducing the use of legal aid to fund weak judicial review claims has been published.
- The Bar Council has published a guide for litigants in person.
Commercial: commercial lawyers will be interested to note the following judgments in which the:
- ECJ held that an exception to the application of the Unfair Terms Directive (that is, it will not apply where national legislation prescribes particular contractual terms to be used in certain types of contracts) would not operate where a supplier had incorporated those particular terms into a contract to which the legislation did not apply (Case C-92/11: RWE Vertrieb AG v Verbraucherzentrale Nordrhein-Westfalen e.V).
- Court of Appeal ruled on how a confidentiality agreement should be interpreted (Dorchester Project Management Ltd v BNP Paribas Real Estate Advisory Property Management UK Ltd).
Education: education lawyers should be aware of the following two sets of regulations:
- The Education (Pupil Registration) (England) (Amendment) Regulations 2013, which make changes to pupil registration requirements.
- The Education (Penalty Notices) (England) (Amendment) Regulations 2013, which reduce the time that parents have to pay a penalty notice for their child’s non-attendance at school.
Employment: employment lawyers are likely to be interested in the following developments:
- A Court of Appeal judgment, in which it upheld an order granting costs protection to claimants responding to an appeal from the EAT to the Court of Appeal (Manchester College v Hazel and another).
- The Whistleblowing Commission has launched a public consultation on whistleblowing in the workplace.
Environment: environmental lawyers should be aware of the following recent environmental developments:
- Guidance has been published on entering into a Green Deal plan during void periods.
- Updated guidance has been published on the Renewable Transport Fuel Obligation.
- A heat strategy action plan has been published.
- Phase two of the Renewable Heat Premium Payment scheme has been extended pending the rollout of the Renewable Heat Incentive.
- Natural Resources Wales is now operational, acting as single environmental regulator and authority for Wales.
Freedom of information: information lawyers should note that the ICO has:
- Announced the date that certain provisions of the Protection of Freedoms Act 2012 are expected to come into force, including provisions dealing with datasets.
- Published FAQs on changes to the NHS.
Health: healthcare lawyers are likely to be interested in Monitor’s final version of its enforcement guidance.
Housing: the following housing developments are likely to be of interest to housing practitioners:
- A briefing published by Shelter on the new powers in the Localism Act 2011 for local housing authorities to discharge their housing duties by placing applicants in private rented sector accommodation.
- The Localism Act 2011 (Commencement No 9) Order 2013 has been made, which brings into force a number of provisions of the Localism Act 2011 relating to the abolition of the Housing Revenue Account subsidy system and neighbourhood planning.
Local government: local government lawyers should be aware that:
- Revised guidance has been published on assessing eligibility of disabled people for concessionary bus travel.
- A consultation has been published on proposed new powers to require local authorities in England to comply with the local authority publicity code.
Pensions: pensions lawyers should note that:
- The government has launched a second consultation on the new-look Local Government Pension Scheme, including asking for comments on the Local Government Pension Scheme Regulations 2013.
- The Local Government Pension Scheme (Management and Investment of Funds) (Amendment) Regulations 2013 came into force on 1 April 2013 increasing the limit on investment in infrastructure partnerships by local government pension funds from 15% to 30% of the fund value.
Property and planning: property lawyers are likely to be interested in the following recent developments:
- The Court of Appeal has held that a tidal beach is capable of registration as a town or village green (R (Newhaven Port and Properties Ltd) v East Sussex County Council and another).
- The High Court has held that in order for an obligation to be a planning obligation and to run with the land it must satisfy the requirements of section 106(1) of the Town and Country Planning Act 1990 (Westminster City Council v Secretary of State for Communities and Local Government and another).
- The Upper Tribunal (Lands Chamber) has held that a lease variation ordered under the Landlord and Tenant Act 1987 can have retrospective effect (Brickfield Properties Ltd v Botten).
- The Land Registry has:
- The Welsh Government has made the Building Regulations &c. (Amendment) (Wales) Regulations 2013.
Public procurement: procurement lawyers should be aware that the:
- Northern Irish High Court has dismissed a procurement appeal by Irish Waste Services Limited against Northern Ireland Water Limited (Irish Waste Services Ltd v Northern Ireland Water Ltd and others).
- Cabinet Office has published a Procurement Policy Note setting out the questions that central government departments should be including in their procurement documents at selection stage in order to ensure promotion of tax compliance.
- European Commission has published its “Golden Book” of e-procurement good practice.
Regulation: all lawyers should note that the 7th version of the SRA Handbook 2011 has been published.