PLC Public Sector reports:
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Business rates: local authorities will be interested in the decision in Preston City Council v Oyston Angel Charity which considered the empty rates relief available for charities under section 45A(2) of the Local Government Finance Act 1988. The court rejected the local authority’s attempt to remove the relief on the basis that the charity had no intention to occupy the premises.
Education: education lawyers will be interested in the following developments this week:
- The laying of the School Teachers’ Pay and Conditions Order 2012 before Parliament. The Order will come into force on 1 September 2012 and will replace the 2011 version of the Order.
- The Education (School Teachers’ Appraisal) (England) (Amendment) Regulations 2012 have been laid and will come into force on 1 September 2012. These regulations amend the original version of the regulations so that they do not apply to teachers undergoing an induction period in the same way as those teachers are excluded under the Education (Induction Arrangements for School Teachers) (England) Regulations 2008.
Equality Act: anyone advising on the ban on age discrimination in the provision of services (which comes into force on 1 October 2012 under the Equalities Act 2010) should note the new guidance published by the Government Equalities Office.
Green Deal: anyone interested in the Green Deal will be interested in the latest preparatory steps for its launch taken by DECC.
Housing: the Court of Appeal has held in Sumal & Sons (Properties) Ltd v London Borough of Newham that rental income received from an unlicensed residential property was not a “benefit” from the proceeds of crime under the Proceeds of Crime Act 2002.
Planning: those advising on planning matters should be aware that provisions of the Localism Act 2011 relating to neighbourhood planning and housing tenure have been brought into force under the Localism Act 2011 (Commencement No 7 and Transitional, Saving and Transitory Provisions) Order 2012.
Protection of Freedoms Act: local authority lawyers should note that the Protection of Freedoms Act 2012 (Commencement No 2) Order 2012 has been made which will bring various provisions of the Protection of Freedoms Act 2012 into force throughout 2012, including those provisions dealing with safeguarding, vehicle immobilisation, powers of entry and RIPA.
TUPE: anyone advising on which staff will transfer under TUPE following a service provision change will be interested in the EAT decision in Edinburgh Home-Link Partnership and others v The City of Edinburgh Council and others, which considered the position of those in management roles.
Consultations: this week consultations have been published on: