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.
Central government: those looking for the Direct.gov and Business Link websites should note that from the 17 October 2012, they were replaced with the GOV.UK website as part of the government’s “digital by default” agenda.
Education: education lawyers should note that the Education (Educational Provision for Improving Behaviour) (Amendment) Regulations 2012 have been published and will come into force on 1 January 2013. The Regulations extend the requirement to attend off-site education provision beyond the academic year in which the requirement was imposed and also require a governing body to review the requirement at appropriate intervals (rather than every 30 days as previously).
Environmental permitting: local authority environmental enforcement officers will be interested in the decision in London Borough of Newham v John Knights (ABP) Limited. In this case, the magistrates’ court fined an animal fat rendering company £120,000, and ordered it to pay costs and compensation to a number of affected residents, when it was found guilty of several breaches of the odour boundary condition in its environmental permit. This has been reported to be the largest fine to date imposed on an operator following a local authority prosecution under the Environmental Permitting regime.
Freedom of information: information lawyers and officers will be interested in:
- The Attorney General’s decision to issue a certificate under section 53 of the Freedom of Information Act 2000 (FOIA) preventing the disclosure of advocacy correspondence between Prince Charles and government ministers dating from 2004 and 2005. This follows a ruling by the Upper Tribunal that (contrary to the Information Commissioner’s decision) the correspondence did not fall within the exemptions under sections 37, 40 and 41 of FOIA and is the first time that the ministerial veto has been exercised in relation to a decision of the Upper Tribunal.
- The First-Tier Tribunal decision in Orr v Information Commissioner and another upholding a decision of the Information Commissioner that the Avon and Somerset police authority was exempt under FOIA from disclosing confidential minutes of board meetings of the directors of a public-private joint venture company in which it was a shareholder.
- The First-Tier Tribunal decision in Roberts v Information Commissioner ruling that Dyfed Powys Police Authority was wrong to refuse a request for certain information held by the authority concerning the selection process for the appointment of a chief constable under section 40(2) of FOIA.
Planning: planning lawyers should note the High Court decision in Koumis v Secretary of State for Communities and Local Government in which it held that a planning enforcement notice was not rendered a nullity by the local planning authority issuing a variation notice which failed to specify a valid compliance period. It found that there was nothing wrong with the enforcement notice before the issue of the variation notice, it was the variation notice that was a nullity, not the enforcement notice as a whole.
Projects: projects lawyers should note that, on 17 October 2012, the European Commission announced that it has decided under the EU state aid rules to approve the public funding granted by the UK to establish a Green Investment Bank, for investment in environmentally friendly projects which cannot obtain sufficient funding from the market.
RIPA: lawyers seeking judicial approval following authorisations for the use of direct surveillance and covert human intelligence sources or following a notice to obtain communications data under the Regulation of Investigatory Powers Act 2000 should note that the Magistrates’ Court (Regulation of Investigatory Powers) Rules 2012 have been made and will come into force on 1 November 2012. The Regulations set out when an application can be determined by a court and what documents must be served on the court officer in relation to an application.
Consultations: this week consultations were published on:
The government has also responded to its consultation on deregulating listed building consents.