Regular opinion pieces on issues of interest to public sector lawyers from PLC Public Sector and leading commentators.

Archive for October, 2011

Recommended actions for e-mail for week ending 26 October 2011

Thursday, October 27th, 2011

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. (more…)

“Social value” and public procurement

Wednesday, October 26th, 2011

PLC Public Sector reports:

Chris White MP’s Public Services (Social Enterprise and Social Value) Bill 2010-11 may have been the subject of a government hatchet job, but one of its key goals does remain intact (although largely rewritten and somewhat diluted).  It looks increasingly likely that contracting authorities will be obliged to consider “social value” as part of their procurement processes and to consult on the issue if necessary. (more…)

Recommended actions for e-mail for week ending 19 October 2011

Friday, October 21st, 2011

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. (more…)

The Health and Social Care Bill edges closer: what do commissioners need to know

Wednesday, October 19th, 2011

PLC Public Sector reports:

The government’s much debated Health and Social Care Bill has now survived (relatively unscathed) a “listening exercise” and an attack in the House of Lords led by Lord Owen with the intention of sending the Bill to a Select Committee to examine and make recommendations on various issues raised by Parliament’s Constitution Committee (or to put it another way, kick it away to the long grass).

It appears that (subject to the inevitable further challenges that will be made) the changes are coming and NHS commissioning will fundamentally change.  PLC Public Sector have been looking at the key changes and what commissioners, and those advising them need to know, in advance of them coming into force.

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Recommended actions for e-mail for week ending 12 October 2011

Friday, October 14th, 2011

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. (more…)

Now we are married, let’s talk about the divorce: ineffectiveness in public procurement

Wednesday, October 12th, 2011

David Gollancz, Keating Chambers:

Ineffectiveness is a horrible remedy.  Indeed calling it a “remedy” seems ironic: it does not make anything better.  Ineffectiveness is by definition only available where the contract has been entered into, and the limitation period is six months.  It follows that in many cases ineffectiveness will bite when contractual relationships are well developed and its impact could be significant not just for the contracting parties, but also others who have had no involvement in the procurement.

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Recommended actions for e-mail for week ending 5 October 2011

Thursday, October 6th, 2011

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. (more…)

Extend FOIA to all publicly funded services regardless of organisation providing them, too much information?

Wednesday, October 5th, 2011

PLC Public Sector reports:

A recent statement from the Local Public Data Panel (LPDP) has raised some interesting issues in relation to the extension of the Freedom of Information Act 2000 (FOIA). Among other things the statement proposed that the remit of FOIA should be extended to include information on all publicly-funded services regardless of the organisation providing them, which could include private companies, charities and voluntary organisations.

This post considers the potential implications of this proposal and other proposals included in the statement.

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