PLC Public Sector reports:
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Public procurement thresholds: public procurement lawyers should be aware that the Office of Government Commerce has published a note on the values of the new public procurement thresholds that will apply from 1 January 2010. The thresholds have risen due to the weakening of the pound against the Euro.
Allocating social housing: housing lawyers should note that, on 4 December 2009, the Department for Communities and Local Government (DCLG) published statutory guidance for local authorities on allocating their social housing. Local authorities must have regard to the guidance when setting allocation policies and comply with it unless there is good reason not to. On 30 November 2009, the DCLG also published guidance for social landlords on how to prevent, detect and deal effectively with social housing fraud.
Flood Risk Regulations 2009: these regulations come into force on 10 December 2009 and will mean that the Environment Agency and lead local flood authorities will be responsible for preparing preliminary flood risk assessments, flood hazard maps and flood risk maps and drawing up flood risk management plans. All local authorities need to be aware of the new regime.
Education: education lawyers will be interested to note that:
- The Government has published an implementation plan for its education White Paper. The plan includes consultation and secondary legislation planners.
- All local authorities have been required to submit a plan to the Secretary of State outlining how they will improve their primary school provision. Plans must be submitted by 31 March 2010 (or 29 January 2010 in some cases where existing primary school provision has been identified as a cause for concern).
Equality schemes: all public authorities should note the action taken by the Equalities and Human Rights Commission against three NHS Trusts for failing to have adequate race equality schemes as required by the Race Relations Act 1976. In light of the forthcoming Equality Bill and its single equality duty, this action should serve as a prompt to all public authorities, not just NHS trusts, to review their equality schemes to check they comply with the applicable and forthcoming legislation.
LGPS: administering authorities of the LGPS should note that new regulations coming into force on 1 January 2010 will mean they will no longer be able to pool their LGPS cash reserves with non-pension cash for short-term money market investment. Following criticism from local authorities, the Government has agreed to allow pooling to continue until 1 April 2010.
CQC: anyone advising a body that is to be regulated by the Care Quality Commission (CQC) should note that regulations governing the operation of the register that CQC must maintain have been published. They will come into force on 1 April 2010.
Commissioning health services: anyone advising on the commissioning of health services should note the latest guidance published by the National Institute for Health and Clinical Excellence (NICE).
LDEDC Act 2009: local authority lawyers should note that the first commencement order under the Local Democracy, Economic Development and Construction Act 2009 came into force on 25 November 2009. It means that authorities are now able to establish Leaders’ Boards to assist in regional partnership working.
Consultations and strategies: this week saw consultations launched by:
- The Department for Business, Innovation and Skills on the role of the Consumer Advocate.
- The Department for Children, Schools and Families on draft guidance for Children’s Sure Start centres.
- Natural England, the Joint Nature Conservation Committee and the Countryside Council for Wales on 12 new UK sites for marine conservation.
- The DCLG on permitted development rights for small scale renewables and zero carbon new non-domestic buildings.
The Government also launched strategies on: