PLC Public Sector reports:
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Central government: those working in central government are likely to be interested in:
- A speech given by Clive Maxwell of the OFT on competition in public services.
- The indication by the Secretary of State for Justice that the UK will not be co-operating with the EU justice scorecard.
Civil litigation: litigation lawyers should note that:
- The Court of Appeal has ruled on the recovery of property following the Supreme Court decision in Perry and others v Serious Organised Crime Agency (Serious Organised Crime Agency v O’Docherty and another).
- Views are being sought on move of the Central London County Court by 20 June 2013.
- A number of judges have been appointed to deal with appeals on the Jackson/civil litigation reforms.
Education and social services: the following developments are likely to be of interest to those working in the fields of education and social services:
- The School Standards and Organisation (Wales) Act 2013 (Commencement No 1) Order 2013 has been made, bringing a number of provisions of the School Standards and Organisation (Wales) Act 2013 into force.
- The Court of Appeal has provided guidance on the mental capacity test under the Mental Capacity Act 2005 (PC and NC v City of York Council).
Employment and pensions: employment and pensions lawyers should be aware that:
- New filtering rules for criminal records checks have come into force under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013.
- The EAT has held that a teacher’s re-engagement at a different school was still practicable despite mutual allegations of misconduct (Oasis Community Learning v Wolff).
- A consultation on compulsory equal pay audits has been published.
- HM Courts and Tribunals Service has confirmed that the implementation date for fees in the employment tribunal and the EAT will be 29 July 2013.
- The Minister for Local Government has announced that the government intends to launch a call for evidence to inform a consultation later this year on structural reform of the Local Government Pension Scheme.
Housing: housing lawyers are likely to be interested in a recent High Court decision on a local authority’s duty to accommodate an applicant on an interim basis while conducting a review of whether they are in priority need (R (IA) v City of Westminster Council).
Local government: local authority lawyers should be aware that the High Court has confirmed that the 80% mandatory relief for business rates for a charity in occupation of a hereditament depends on the extent of the charity’s use of the premises (Public Safety Charitable Trust v Milton Keynes Council).
Property: property lawyers should note that:
- The Court of Appeal has dismissed an appeal by the Environment Agency over its categorisation of canal sluices as formal flood defences (Environment Agency v R (Manchester Ship Canal Company Ltd and another).
- Guidance has been issued on park homes.
- A design refinement consultation and a consultation on a draft Environmental Statement have been published in respect of HS2.
- The government has published its response to its consultation on planning guidance following the Taylor review.
Public procurement: commissioners of care services should read the EHRC’s guidance for commissioners of home care on human rights.
Regulation and enforcement: enforcement lawyers should be aware that:
- The Court of Appeal has confirmed that the Provision of Services Directive does make it unlawful for sex shop licence fees to reflect enforcement costs against unlicensed operators (R (Hemming (t/a Simply Pleasure Ltd) and others v The Lord Mayor and Citizens of Westminster).
- The Health and Safety Executive’s statutory National Enforcement Code for local authorities has come into force.