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.
Local government: local authorities should be aware that new best value statutory guidance has been published setting out how they should work with voluntary and community groups and small businesses when making funding decisions. The guidance encourages early contact with any groups where a decision is likely to be taken to reduce or end their funding.
Adult social care and budget cuts: local authorities looking to make cuts to their adult social care budget should take note of a recent High Court decision holding that Lancashire County Council had undertaken an effective decision-making process and had had “due regard” to the rights of disabled people as required under section 49A of the Disability Discrimination Act 1995 (which has now been replaced by section 149 of the Equality Act 2010).
Public procurement: public procurement lawyers should note:
- That an application to lift the automatic suspension of a contract award decision has been rejected in Northern Ireland.
- The Cabinet Office has published an information note on the changes to the Public Contracts Regulations 2006 that will come into force on 1 October 2011.
- The Department for Transport has published guidance on green vehicle procurement.
Planning: planning lawyers should be aware that an Order will come into force on 1 October 2011 that makes changes to protected species under the Wildlife and Countryside Act 1981.
Environmental permitting (EP): environment lawyers should note that Defra has stated that it expects regulations introducing amendments to the EP regime in England and Wales (including introducing civil sanctions) to be laid before Parliament in the autumn, and that they will come into force on 6 April 2012.
FOIA: information lawyers will be interested in the decision of the FTTIR holding that the public interest required the disclosure of a list of all empty residential properties in a London Borough that were not owned by individuals.
Consultations: this week consultations were launched on: