PLC Public Sector reports:
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Two-tier code: those advising English local authorities should be aware that the Code of Practice on Workforce Matters in Local Authority Service Contracts was withdrawn on 23 March 2011.
Equality Act 2010: those advising on implementing the requirements of the Equality Act 2010 should be aware that an order has been made that will bring the EHRC code of practice for services, public functions and associations into force on 6 April 2011.
Property search information and the EIR: all local authorities need to be aware that the Upper Tribunal has found that the Environmental Information Regulations 2004 require them to provide access free of charge to the information necessary to complete form CON 29R.
Information law: information lawyers will be interested to note that the FTT(Information Rights) has held that:
- Government policy will no longer be being “formulated or developed” when a Bill receives Royal Assent.
- Notes taken during a local government audit process are exempt from disclosure under section 44 the Freedom of Information Act 2000.
Enterprise zones: any local authority interested in applying for “enterprise zone” status should read the prospectus published by the government. Expressions of interest are required by the end of April 2011.
Planning: planning lawyers will be interested in:
- The Court of Appeal’s decision finding that the demolition of buildings was capable of being a project under the EIA Directive and declaring some planning legislation that exempted certain types of demolition from the need for planning permission unlawful.
- The High Court decision on the relationship between the planning regime and registration as a village green under the Commons Act 2006.
Third sector: public authorities looking to establish social enterprises or work with the third sector will be interested in:
- The guidance published by the Charity Commission on Charitable Incorporated Organisations along with two model constitutions.
- Revised regulations on the governance of mutual societies.
Equal pay: employment lawyers advising public authorities will be interested in a decision of the EAT making it clear that while it is good practice for employers to seek to phase out pay protection over time, it does not mean that an arrangement not providing for phasing out cannot be justifiable.
Housing: housing lawyers will be interested to see that the Court of Appeal has dismissed an appeal against the validity of a section 203 notice under the Housing Act 1996 in Dharmaraj v London Borough of Hounslow. The appellant claimed that the review letter sent by Hounslow was invalid as it did not mirror the wording set out in the Act, however, the Court of Appeal held that this did not render the notice ineffective.
Consultations: this week there have been consultations launched on:
- Reform to court procedure.
- The powers of the selector to challenge the Secretary of State in “barrier busting” cases under the Sustainable Communities Act 2007.
The European Commission has also set out its plans to reform the application of the state aid regime to services of general economic interest.