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.
School charities: those advising voluntary schools and Academies should familiarise themselves with HMRC ‘s new reference guide that explains the gift aid rules in connection with educational school trips, raising money for a general reserve fund and appeals to buy equipment.
Employment: employment lawyers should be aware that the EAT has held, in Governing Body of Wishmorecross School v Balado, that an employee, who was informed that her summary dismissal would not be put into effect unless she decided not to appeal the decision or any appeal was unsuccessful, was dismissed with notice. The employee could therefore present a claim for unfair dismissal before her dismissal took effect. However, most disciplinary procedures provide for summary dismissal to take effect immediately but the dismissal will be rescinded if an employee’s appeal is successful.
Planning: planning lawyers in England and Wales should be aware that new regulations come into force on 1 October 2011, which set out the procedural provisions for applications for material and non-material changes to a development consent order.
Procurement: procurement lawyers and officers should be aware that:
- Following its consultation on implementing the Uniplex decision, the Cabinet Office (CO) has published the Public Procurement (Miscellaneous Amendments) Regulations 2011, which will change the time limit for bringing a public procurement challenge to 30 days running from the date of knowledge and make various other amendments to the Public Contracts Regulations 2006 that affect automatic suspension and the standstill period. These changes will come into effect on 1 October 2011. Where the knowledge of any breach pre-dates 1 October the existing regime will continue to apply and the limitation period will be three months.
- The European Commission has published revised public procurement forms that will need to be used from 16 September 2011.
Consultation: this week there have been consultations by: