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.
Education: education lawyers should be aware that the Local Authority (Duty to Secure Early Years Provision Free of Charge) Regulations 2012 have been made and will come into force on 1 September 2013. The Regulations set out which children are entitled to free early years provision and also how much local authorities must provide to those children in their areas.
FOIA: information lawyers should be aware that the Information Commissioner’s Officer has published guidance that explains to public authorities how they can determine whether they hold the information requested under the Freedom of Information Act 2000 or the Environmental Permitting Regulations 2004.
Property and planning: property and planning lawyers should note that the:
- Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012 came into force on 5 October 2012. This means that in Wales where permitted development rights apply for the installation of specific microgeneration equipment (such as solar panels or ground source heat pumps) no planning application needs to be submitted.
- Court of Appeal held in Moore v Secretary of State for Communities and Local Government and another that renting a property for short-term holiday use constituted a material change of use from a dwelling house which required planning permission.
- Non-statutory guidance has been published by the government on the right to bid for assets of community value under the Localism Act 2011.
Public procurement: public procurement lawyers will be interested to know that the Council of the European Union has published the latest consolidated compromise text of the proposed new public procurement directive that will replace Directive 2004/18.
Consultations: this week consultation were published on:
- Objecting to the pricing methodolgy used by Monitor for NHS services.
- Guidance and draft regulations relating to the appointment of joint overview and scrutiny committees in Wales.
- Changes to non-permitted development rights in Wales.
The government has also published its response on proposed reform of trade union facility time and facilities in the civil service and the Scottish Government has commissioned a review of public construction contracts.