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.
EU: government officials advising on the implementation of EU Commission proposals should note that the Department for Business, Innovation and Skills has published a checklist for their analysis.
Health: those advising health service providers should be aware that the government has published further information clarifying clause 1 of the Health and Social Care Bill 2011, which deals with the role of the Secretary of State in relation to health service provision.
Damages and judicial review: those advising in judicial review proceedings should take note of the recent High Court decision, R(Infinis plc Infinis (Re-Gen) Ltd) v Gas & Electricity Markets Authority and another, where the court took the unusual step of awarding damages after ruling that the claimant’s rights under Article 1 of the First Protocol of the ECHR had been breached.
Rioting: local authorities responsible for areas affected by the recent riots should be aware of the guidance and support that has been given by the government.
Planning: local authorities should be aware that:
- The Planning Inspectorate has issued advice to its inspectors about how they should deal with the draft National Planning Policy Framework (NPPF) at appeal. The advice highlights that the NPPF is still only a consultation document and that current Planning Policy Statements, Guidance notes and Circulars remain in place until cancelled. However, the NPPF could still be a material consideration.
- The government has issued a new policy statement on planning for state-funded schools development.
Welsh housing: housing lawyers advising Welsh local authorities should note that sections 308 and 309 of the Housing and Regeneration Act 2008 have come into force in Wales, changing the terms on which service charge loans can be provided and allowing housing authorities to purchase an equity interest in their tenants’ homes in certain circumstances.
Public procurement: public procurement lawyers will be interested in the Cabinet Office note on UK activities to influence the modernisation of EU public procurement rules.
Consultations: this week saw consultations launched on: