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.
Consultation processes: public bodies, including central and local government, should be aware that the government has published non-statutory guidance on the consultation principles that they will be expected to adopt with stakeholders in policy and legislation developments. The guidance may necessitate changes to some authorities’ existing consultation processes.
Commercial: commercial lawyers interested in what will amount to “reasonable endeavours” should take note of the recent High Court decision that deal obiter with this issue (Ampurius NU Homes Holdings Ltd v Telford Homes (Creekside) Ltd).
Education: education lawyers should note the following recent developments:
- The School Staffing (England) (Amendment) Regulations 2012, which will come into force on 1 September 2012. The Regulations will require the governing body of a maintained school to confirm whether a member of its teaching staff has been subject to capability procedures and, if they have, provide details of these if asked by another maintained school or Academy to which the member of staff has applied for a teaching post.
- The Academies (Land Transfer Schemes) Regulations 2012, which will come into force on 3 August 2012 and deal with land transfer schemes in relation to Academies.
- The publication of draft clauses for the forthcoming Children and Families Bill which will strengthen the role of the Office of the Children’s Commissioner.
Employment: employment practitioners will be interested in a recent European Court of Justice decision (Hörnfeldt v Posten Meddelande AB C‑141/11) in which the court held that the compulsory retirement age of 67 in Sweden was justified as it had the legitimate aim of encouraging diversity of ages within the labour market and encouraging the recruitment of younger workers.
Enforcement: lawyers responsible for regulation and enforcement should:
- Be aware that the Scrap Metal Dealers Bill 2012-13 has been introduced as a Private Members’ Bill and, if enacted, will introduce a new regulatory regime for scrap metal dealing and vehicle dismantling including prohibiting the purchasing of scrap metal for cash.
- If they deal with licensing, be aware that the draft Late Night Levy (Application and Administration) Regulations 2012 have been laid before the House of Commons and will require licensing authorities to introduce a late night levy to cover the costs associated with policing crime and disorder connected to the sale of alcohol between midnight and 6am.
- Take note that the Council of European Energy Regulator has published guidelines of good practice on price comparison tools.
FOI: information lawyers are likely to be interested in a recent decision by the First-tier Tribunal (Information Rights) in which it confirmed that NHS Trusts are not required to disclose details of doctors’ compromise agreements as they contained personal data and therefore were exempt from disclosure under section 40(2) of the Freedom of Information Act 2000.
Health: healthcare lawyers should be aware of the following recent health-related developments:
- The publication of the second commencement order under the Health and Social Care Act 2012 which will bring a number of provisions of the Act into force on 1 and 31 October 2012.
- The publication of a draft Care and Support Bill setting out reforms for the care and support system in the UK.
Pensions: pensions lawyers should note the High Court decision in which the court ruled that the Government Actuaries Department was an “administrator” for maladministration purposes and therefore the Pensions Ombudsman had jurisdiction to determine complaints against it (Government Actuaries Department v Pensions Ombudsman).
Procurement: procurement lawyers should note the recent decision by the General Court dismissing an appeal against the rejection of a tender submitted to the European Agency for the Management of Operational Co-operation at the External borders of the Member States of the European Union (Frontex).
Consultations: this week consultations have been published on:
- The replacement of the Local Authority Central Spend Equivalent Grant with a new system of funding for maintained schools converting to Academy status.
- Changing the existing statutory rule for signing cheques by parish and community councils.
- Revising the existing Department for Transport Circular 01/06 on setting local speed limits.
The following responses to consultations have also been published this week:
- The Department for Education has published its response to its consultation on the Academies Funding Transfer for 2011-12 and 2012-13.
- The Department for Communities and Local Government (DCLG) has published a summary of responses to its consultation earlier this year on social housing fraud.
- The DCLG has published its response to its consultation on a proposed policy statement in relation to Part 2 of the Localism Act 2011.