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.
Academies: those advising on establishing Academies should note:
- The government has confirmed that all schools will now be able to apply for Academy status, although those that are not ranked as “good with outstanding features” or better will need to partner with a high-performing school if they wish to apply.
- The Department for Education has published additional documents for church schools wishing to convert to an Academy.
- The regulations extending the time that the proprietor of an Academy has to respond to a request for information made under the Freedom of Information Act 2000 to a maximum of 60 days when a request is made out of term time came into force on 18 November 2010.
Pollution control: environment lawyers should note that the Department for Environment, Food and Rural Affairs has published revised guidance for local authority pollution control sites.
Recycling in Wales: those advising local authorities in Wales should note that the National Assembly for Wales has passed a measure that introduces legally-binding recycling targets from 2012.
Information law: information lawyers should note two recent decision notices published by the Information Commissioner (IC):
- The IC accepted that the exception in regulation 12(4)(e) applied to internal briefings for Natural England staff about whether a site qualified as a site of special scientific interest. The IC acknowledged the high public interest in giving officials a “safe space” to debate issues.
- The IC accepted that the Financial Services Authority could claim the exemption in section 40(2) of the Freedom of Information Act 2000 and refuse to disclose the names of individuals working in its investigation and enforcement teams.
Easy read guidance: all public authorities should note the latest guidance issued by the Department of Health on producing guidance for those with learning disabilities.
Sustainable homes: housing lawyers should note that the Department for Communities and Local Government has updated the technical guidance that accompanies the Code for Sustainable Homes.
Community Infrastructure Levy (CIL): planning lawyers will be interested to note that the government has confirmed that the CIL will be retained but reformed.
Public procurement and contracts: public procurement and contracts lawyers should:
- Note the decision of the ECJ finding that Ireland had breached the principles of the equal treatment and transparency by modifying award criteria weightings after it had reviewed bids to provide translation services. However the ECJ did find that it had been acceptable to set the weighting attributed to the stated award criteria after bids had been received but not reviewed.
- Consider whether the authorities they advise may wish to consider if they will continue to require contractors to abide by the two-tier code, given the government’s indication that it is minded to abolish it.
Consultations: this week, consultations have been launched on:
- Amending the Public Contracts Regulations 2006 to take account of the ECJ decision in Uniplex.
- Amendments to the CRC Energy Efficiency Scheme Order 2010.
- The reform of European data protection law.
- Charging for the disposal of non-domestic waste.
- The government’s plans to reform social housing.
- The Boundary Commission’s proposals on how to deal with principal area boundary review and electoral reviews.
- The draft National Policy Statement on waste water.
The government has also published an Education White Paper.