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.
Localism Bill: the Localism Bill has been published. It will introduce wide scale reforms to local authority governance, social housing and the planning system and all those in local government should familiarise themselves with the proposals set out in the Bill. PLC will be tracking the passage of the Bill through Parliament over the next few months so check the Popular content section on the homepage to check the status of the various proposals.
Implementing EU legislation: anyone advising on the implementation of European legislation should note that the government has published new guidelines, which include a requirement that EU legislation is copied without amendment straight into UK law to avoid “gold-plating” and ensure UK businesses are not put at a disadvantage relative to their competitors in other European jurisdictions.
Social security benefits: those working for the Department for Work and Pensions (DWP) should be made aware that the Supreme Court has upheld the Court of Appeal decision holding that the DWP was not entitled to recover overpayments of certain social security benefits under the common law of unjust enrichment where the overpayment was due to its own accident or error. Overpayments could only be recovered under section 71 of the Social Security Administration Act 1992 as a result of misrepresentation or non-disclosure of a material fact.
Public procurement: procurement lawyers should note the decision of the High Court that the Legal Services Commission infringed the principle of equal treatment by setting out an award criterion in respect of which it was unable to verify the accuracy of the information supplied by tenderers.
Employment: employment lawyers should note that the government has published new statutory payment rates that will come into force on 1 April 2011 and that limits on tribunal awards will increase from 1 February 2011.
Two-tier code: the government has withdrawn the Code of Practice on Workforce Matters that applies to central government and replaced it with six core principles of good employment practice (compliance with which is voluntary). The government has also indicated that the equivalent local authority code is subject to review. Those advising on procurements by central government and the NHS should take account of the withdrawal and those advising local authorities may wish to pre-empt the likely withdrawal of the local authority code by ceasing to require compliance from contractors.
School photographs: anyone advising schools on data protection matters should note the Information Commissioner’s Office has reiterated previous guidance that the Data Protection Act 1998 is unlikely to apply in most situations where photographs are taken by parents in schools.
Health and social care providers: registered health and social care providers should note that the Department of Health has published a new version of the Health and Social Care Act 2008: Code of Practice for healthcare, including primary care, and adult social care on the prevention and control of infections and related guidance. The Code will come into force on 1 April 2011 for existing registered providers and primary dental care and independent sector ambulance providers and 1 April 2012 for primary medical care providers.
Housing: housing associations considering introducing affordable rent properties for tenants should be made aware that further detail on affordable rent tenancies has been announced by the government.
The government has also published general consents under section 25 of the Local Government Act 1988 setting out five situations where local authorities will not be required to obtain the consent of the Secretary of State when providing financial assistance to a person in relation to privately let housing.
Consultations: this week consultations have been published on:
- The draft Cabinet Manual.
- The discount rate for underfunded public-sector pensions schemes.
- Charging for homecare and other non-residential social services in Wales.
- Marine licensing.
- The effectiveness of the public procurement rules.