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.
Criminal procedure: those acting for local authorities in criminal proceedings should be aware that the Criminal Procedure Rules 2011 have been published and will come into force on 3 October 2011. The 2011 Rules consolidate the previous version of the Rules and also include amendments made by subsequent statutory instruments.
Law reform: those acting for local authorities should note that the Law Commission has published its 11th Programme of Law Reform confirming projects in a number of areas affecting local authorities, including data sharing between public authorities, electoral law and the electoral system and misconduct in public office.
Education: education lawyers should be aware that:
- New standards of competence and conduct for teachers have been published and will come into force from 1 September 2012.
- The government has made an announcement on the reform of education funding.
Health: those acting for local authorities and healthcare providers should be aware that:
- The government has published an update on the plans originally contained in its White Paper, Healthy Lives, Healthy People. The update includes how the government is planning on dealing with the transition into Public Health England.
- Guidance for care providers and commissioners on the government’s commitment to extending patients’ choice of provider has been published alongside the government’s response to its consultation, Liberating the NHS: Greater choice and control.
Information law: information lawyers will be interested in the First-tier Tribunal decision holding that the disclosure of names in a report on the collapse of BCCI would not contravene the data protection principles, as there was a legitimate interest in the full story of the collapse being told.
LGO: the Local Government Ombudsman’s decision that Hull Council must pay back charges for disposing of household waste when it did not have the power to charge, is a reminder that any local authority proposal to raise revenue must be reviewed to ensure that it has the necessary power to implement it.
Public procurement: public procurement lawyers will be interested in several court judgments published this week:
- The most high profile is the first decision on the new remedy of ineffectiveness. However, the weakness of the claimant’s case means that not a great deal has been learned from the case, although it does highlight some of the complexities associated with bringing such a claim.
- A further decision lifting an automatic suspension has been published, continuing the good run that public authorities have had in this regard. If anyone is aware of an instance where a court has refused to lift the suspension please get in touch.
- Finally, we have also seen a decision confirming that 3 months to bring a claim means 3 months, it does not matter if you only miss this deadline by a short period of time.
Public procurement lawyers will also be interested in the measures announced by the DCMS to help the procurement process for rolling out broadband and also the new regulations that will apply to the purchase of vehicles by the public sector coming into force on 31 July 2011.
PFI: all public authorities that have entered or propose to enter PFI contracts should review the guidance published by HM Treasury on how savings can be made.
Consultations: this week consultations have been launched on:
- Making major waste water transfer and storage schemes nationally significant infrastructure projects.
- A draft National Policy Statement on hazardous waste.
- Practical rules for notifying personal data breaches.
- The government’s Local Government Resource Review.
- Stronger measures to deal with squatters.
- Capital investment in schools.
- Changes to Care Quality Commission registration regulations.