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 Inter-authority Recoupment (England) Regulations 2013 have been made and will come into force on 1 April 2013, providing for recoupment between local authorities in relation to education.
- Statutory guidance on home to school travel and transport has been published.
Employment: employment lawyers will be interested to note that:
- The ECJ has held that the aim of ensuring “good industrial relations” cannot in itself justify indirect pay discrimination (Kenny and others v Minister for Justice, Equality and Law Reform, Minister for Finance, Commissioner of An Garda Síochána).
- Parental leave entitlement for qualifying employees will increase from 8 March 2013.
- The House of Lords has voted to retain the Equality and Human Rights Commission’s general duty in section 3 of the Equality Act 2006.
Environment: environment lawyers should be aware that:
- The ECJ has given its first decision interpreting the Waste Framework Directive 2008 (Lapin elinkeino-, liikenne- ja ympäristökeskuksen liikenne ja infrastruktuuri -vastuualue v Lapin luonnonsuojelupiiri ry ).
- The High Court has held that the government had correctly transposed the Waste Framework Directive 2008 on co-mingling recylates (R (UK Recyclate and others) v Secretary of State for Environment, Food and Rural Affairs and others).
- A draft CRC Energy Efficiency Scheme Order 2013 has been published, which will implement the changes to simplify the CRC Energy Efficiency Scheme that were announced in December 2012.
- The government has published an unofficial consolidated version of the regulations implementing the Environmental Permitting regime.
FOI and data protection: information lawyers should note that:
- New guidance has been published on:
- The Article 29 Working Party has published further comments on EU data protection reform.
Health: two sets of regulations have been published which are likely to be of interest to healthcare lawyers:
- The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2013.
- The Water Fluoridation (proposals and Consultation) (England) Regulations 2013.
In addition, the Competition Commission has also accepted interim undertakings in the Dorset hospitals merger.
Local government: local government lawyers in Wales will be interested in a consultation on amendments to the standing order regulations covering local authorities.
Property: property lawyers in Wales should be aware that the temporary increase in small business rates relief for small businesses in Wales has been extended to 31 March 2014 under the Non-Domestic Rating (Small Business Rates Relief) (Wales) (Amendment) Order 2013.
Pensions: pensions lawyers are likely to be interested in the fact that:
- The Local Government Pension Scheme (Management and Investment of Funds) (Amendment) Regulations 2013 will be coming into force on 1 April 2013.
- The Pensions Ombudsman has held that the pensions aspect of a wider employment dispute did fall within the Ombudsman’s jurisdiction (Determination in complaint by Mrs Ashwell, 6 February 2013 (89959/1)).
Public procurement: procurement lawyers should note that:
- The National Health Service (Procurement, Patient Choice and Competition) (No.2) Regulations 2013 have been published replacing the controversial first set of regulations published in February 2013. They will come into force on 1 April 2013.
- The Northern Ireland High Court has granted an application to lift an automatic suspension under the Utilities Contracts Regulations in relation to a Northern Ireland Water framework agreement (Lowry Brothers Ltd and others v Northern Ireland Water Ltd ).
- The European Ombudsman has dismissed a complaint about the alleged unfair exclusion of a tenderer holding that there had been no maladministration in rejecting the documentation provided by the claimant (Decision of the European Ombudsman closing his inquiry into complaint 2519/2011/EIS against the Translation Centre for the Bodies of the European Union).
- A new Director has been appointed in the Directorate-General for the Internal Marker and Services.
Regulation: lawyers dealing with the enforcement by non-economic regulators should be aware that the Better Regulation Delivery Office has published two consultations on non-economic regulators and on their compliance code.