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.
BSF programme: all public authorities looking to cut spending should review the High Court’s finding that the government’s decision to scrap the Building Schools for the Future programme was unlawful. This was because the government had not consulted those affected by the decision or complied with its equality duties when considering the options. Other public authorities should avoid making the same mistakes or risk finding themselves in court.
Protection of Freedoms Bill: many aspects of the Bill will affect local authorities, including the government’s plans to change the way that biometric data in schools can be used, the regulation of CCTV amendments to the freedom of information regime. Local authorities are able to comment on the various clauses of the Bill during its public reading stage, see our blog considering the questions posed by this new stage.
Equality Act 2010: Latest developments have seen:
- A draft order and draft regulations applying to Scotland published, which deals with the public authorities that will be covered by the general public sector equality duty under section 149 of the Equality Act 2010 and also what specified authorities will have to do as part of their specific duties.
- Draft guidance on determining questions relating to the definition of disability published.
Environment: environment lawyers should note that the government has:
- Laid draft regulations before Parliament that will implement the revised Waste Framework Directive.
- Announced that the changes in the environmental permitting regime will now come into force on 1 October 2011 and not 6 April 2011.
FOI: information lawyers will be interested in the First-tier Tribunal’s decision that Stroud District Council did not have to disclose its former housing director’s early retirement package as it was personal information and exempt from disclosure under the Freedom of Information Act 2000.
ICO fines: local authorities should note that the Information Commissioner’s Office has again imposed large fines on two local authorities for losing sensitive personal data. Data security policies should, where necessary, be reviewed and revised and must always be enforced.
Investigatory Powers Tribunal (IPT): those who may be facing a complaint to the IPT will not welcome its recent decision holding that where a complaint has been withdrawn, a respondent will still be liable for any costs incurred as a result of preparing for the hearing.
Public procurement: public procurement lawyers and officers should note that:
- The Cabinet Office is seeking views on the European Commission’s Green Paper on reform of the public procurement regime.
- Pre-qualification questionnaires will no longer be used for central government procurements with a value of less than £100,000.
Local authority publicity: those advising local authorities should note that the government has published a new draft publicity code. Most controversial are the proposals included to limit all local authority newspapers to quarterly publication (except for parish councils which may publish on a monthly basis).
Property: property lawyers should note that:
- Various Land Registry and Land Charges Department forms have been amended.
- The business rates exemption will revert from £18,000 to £2,600 on 1 April 2011.
Blue Badge Scheme: local authorities should note that the government has announced that it intends to implement reforms to the Blue Badge Scheme by April 2011. As part of this local authorities will be able to increase the maximum fee that they can charge for a Blue Badge from £2 to £10.
Consultations: this week consultations have been launched on:
- Enforcement powers under the Housing and Regeneration Act 2008.
- Environmental noise measures in Wales.
- Local authority enforcement priorities.
Also this week the Homes and Communities Agency and the government invited those wishing to bid for investment in the affordable homes programme to submit their offers by 3 May 2011.