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.
This week’s actions are:
Highways: highway authorities should be alerted to the fact that, until the High Court decision in Hertfordshire County Council v Veolia Water Central Ltd is successfully appealed, section 81 of the New Roads and Streetworks Act 1991 only empowers them to charge a utilities company for the costs incurred in fixing a broken manhole cover where they have been denied access to do so.
Housing: housing officers and their advisers will welcome the High Court’s decision in R on the application of Osei v London Borough of Newham Lettings Agency, which confirmed that:
- Housing officers have a wide discretion under section 167(5) of the Housing Act 1996 in the adoption and application of their respective Council’s housing allocation policy.
- Subject to the limits imposed by public law, such as considering the full circumstances of the particular applicant and giving sufficient reasons for the decision that is reached, it is a matter for the individual Council as to how its housing policy is applied.
Procurement: procurement lawyers will welcome the:
- Ruling of the Scottish Court of Session in Gillen & Anor v Inverclyde Council dismissing two actions for damages for breach of the Public Services Contracts Regulations 1993 against Inverclyde Council because they were brought outside the three-month time limit and the Court had no discretion to extend time.
- Decision of the Northern Ireland High Court in Irish Waste Services Ltd v Northern Ireland Water Ltd & Ors dismissing an unsuccessful bidder’s claim against Northern Ireland Water for an alleged breach of the Utilities Contracts Regulations 2006 because they had failed to bring their action promptly as required under the Utilities Contracts Regulations 2006. Although, in this instance, the court’s decision appears to conflict with the findings of the ECJ in Uniplex, in which it was held that “promptly” must never mean less than three months.
TUPE: lawyers advising on TUPE transfers will find the decision of the High Court in The Law Society of England & Wales v Secretary of State for Justice and another a useful reminder of what constitutes a relevant transfer for the purposes of TUPE.
Consultations: this week there were four consultations on:
- Proposed new education recoupment regulations for England.
- Sharing information about the conduct and performance of health care workers.
- Proposed changes to the dangerous dogs legislation to improve the existing regime.
- Regulations empowering local authorities to sell electricity generated from renewable sources.