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.
Employment: employment lawyers should note:
- The decision of the EAT in City of Edinburgh Council v Lauder and another, in which it held that time spent on call by sheltered housing wardens that lived in was not working time for the purposes of the national minimum wage.
- That enhanced CRB checking guidelines are to be introduced with effect from 28 May 2012.
Environment: local authority lawyers should note that regulations have been published that partially reform the enforcement regime for household bins.
FOIA: information lawyers will be interested in the following developments:
- In Charman v Information Commissioner, the tribunal has confirmed that there is no right of appeal to the tribunal in respect of enforcement action taken by the Information Commissioner under section 54 of the Freedom of Information Act 2000 (FOIA) (that is where a public authority has failed to comply with the terms of a decision notice issued by the Commissioner under section 50).
- The publication of guidance by the Information Commissioner on the prejudice test under FOIA.
Parking enforcement: those advising on parking enforcement in London should note that the Penalty Charges Enforcement (London Regulations) 2012 will come into force on 18 June 2012. The regulations make provisions about the enforcement of penalty charge notices by London Borough Councils.
Planning: planning lawyers should be aware of the decision of the Court of Appeal in Barker v Hambleton District Council in which it considered the appropriate deadline for challenging a development plan document under section 113 of the Planning and Compulsory Purchase Act 2004. The applicable six week period will commence on the date of adoption and cannot be extended.
Public procurement: public procurement lawyers will be interested to note:
- The new Cabinet Office guidance on implementing government procurement policies.
- The decision of the ECJ in Commission v Netherlands holding that had been a breach of the public procurement rules as a result of requiring specific eco labels in a tender for the supply of coffee machines. The ECJ confirmed that using environmental considerations is allowed but an authority cannot require a specific standard, instead it should accept any tender that meets the criteria that underlies that standard.
Protection of Freedoms Act 2012: information, education and enforcement lawyers should note that the Protection of Freedoms Act 2012 (Commencement No. 1) Order 2012 (the first commencement order under the Protection of Freedoms Act 2012) has been made and will bring a number of provisions into force in May and July 2012. Our practice note on the Act may also be of interest.
Consultations: this week consultations were published on:
- Advice relating to parental consent for the use of school pupils’ biometric data.
- The closure of the Land Registry’s telephone ordering service.
The government has also:
- Announced that it will be reviewing the public sector equality duty set out in section 149 of the Act to establish whether it is operating as intended.
- Published its response and next steps document to its March 2011 consultation on disabilities and special educational needs (SEN), Support and aspiration: A new approach to special educational needs and disability.