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.
2011 Budget: various aspects of the 2011 Budget will be of interest to local authorities, in particular, proposals to create 21 new enterprise zones and further simplify the planning process.
Breaks for Careers of Disabled Children: children’s services departments should be aware that new regulations will come into force on 1 April 2011 prescribing how local authorities must comply with their duty to provide a short breaks service to carers of disabled children. The government has also said it will shortly publish guidance on this requirement.
Hutton report of fair pay in the public sector: all public authorities will be interested in the publication of the final report on fair pay in the public sector, which was welcomed by the Chancellor in the 2011 Budget.
Wales recycling: local authorities in Wales will be interested in an order coming into force on 30 March 2011 that provides definitions for recycling and composting.
FOIA/EIR: information lawyers and officers will be interested in:
- The First-tier Tribunal (Information Rights) (FTTIR) finding that the public interest test required the disclosure of a confidential land valuation.
- The FTTIR finding that where the majority of a contract will be exempt from disclosure, it does not mean that an authority is spared the time and expense of redacting the contract so that those parts of the contract that are not exempt can be disclosed.
Public Health England: NHS bodies and local authorities will be interested in the latest update on the development of Public Health England published by the Department of Health.
Local government audit: local authorities should be aware that new regulations will come into force on 31 March 2011 setting out their accounting and audit requirements under the Audit Commission Act 1998.
Public procurement: public procurement lawyers will be interested in the ECJ decision refusing to widen the scope of Directive 2004/18 to apply more of its terms to a contract for Part B services and also the report published by the OFT on commissioning and competition in the public sector.
Section 106 agreements: planning lawyers will be interested in the Court of Appeal judgment finding that a beneficiary under a section 106 agreement that is not a party to the agreement cannot seek a declaration on the meaning and effect of the agreement.
Equality Act 2010: public authorities should be aware that the Equality Act 2010 codes of practice will be brought into force on 6 April 2011 by the Equality Act 2010 Codes of Practice (Services, Public Functions and Associations, Employment and Equal Pay) Order 2011, which are expected to be introduced shortly.
Human rights: local authorities should be aware that the Grand Chamber of the European Court of Human Rights has held that Italy had not breached Article 2 of the first Protocol to the European Convention on Human Rights by displaying crucifixes in the classrooms of its state schools relying on the doctrine of the margin of appreciation for each member state.
Consultations: this week there were consultations launched on:
- Reforming the Equality and Human Rights Commission.
- Feed-in tariffs for small-scale carbon electricity generation.
- Revised specific public sector equality duties regulations.
- The draft Defamation Bill.
- LE Wales’ review of respite care in Wales.
- Types of planning application to be referred to Welsh Ministers.
The government has also launched the first phase of its Local Government Resource Review.