Our Housing team are delighted following a formal tender procurement process to have been appointed to three lots under the new multi-million-pound legal services framework for The Riverside Group.
Section 17 of the Local Government Act 1988 has made that clear for many years. It prohibits the taking into account of non-commercial considerations in procurement decisions, including considerations relating to country of origin. The Public Contracts Regulations 2015 also do not allow for a contracting authority (off its own back) to boycott certain countries or organisations.
Councils do, from time to time, pass resolutions seeking to boycott. However, as The Queen (on the application of Jewish Rights Watch, t/a Jewish Human Rights Watch) v Leicester City Council demonstrates, these commissioning resolutions are either made by full Council (when the Executive rather than full Council has the power to make procurement decisions) or usually caveated by words to the effect of “so far as the law allows” (we sense the hand of a lawyer there). As the law does not allow it, any such resolution has no legal effect and is purely symbolic.
The issue of boycotts greatly concerns the Government; it was only last year that they issued a Procurement Policy Note on the subject. Now the Government proposes to amend the Revised Best Value Statutory Guidance to “Add a new paragraph stating that authorities should not implement or pursue boycotts other than where formal legal sanctions, embargoes and restrictions have been put in place by the Government”.
In our view, given the clear understanding of what Section 17 means and that procurement law does not allow local authorities to boycott, there is no need for any change to the best value guidance.
Does this mean that the Government has some other motive? The consultation refers to “pursue boycotts”. Does this mean that the Government is also going after purely symbolic resolutions and restricting local authority members from even commenting on issues?
We wait to see the outcome of the consultation and the exact wording that goes into the guidance. For reference, the consultation can be found here.
Necrotising Fasciitis, more commonly known as the ‘flesh-eating disease’, is a significant medical condition that requires urgent treatment.
Many of us who have been following the unfolding Inquest, are not surprised that the Coroner found gross and significant failures on the part of those caring for him.
Transferring out of SHPS will not be suitable for every housing association. So what should housing associations do?
In all the action to remove defective cladding, leaseholders have been the elephant in the room. Whilst social landlords might have adopted a wait and see approach private landlords do not have that luxury.
We welcome the Labour Party’s commitment to doubling the size of the co-operative economy. We wholeheartedly support the ambition to grow this vitally important part of the economy.
It was first referred to in the Charities Act 2006 (which was subsequently replaced by the Charities Act 2011) but it has finally been announced that charitable companies are able to convert to a charitable incorporated organisation (“CIO”).
The Private Members Bill Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill 2017-19 now has Government support and was debated at second reading on Friday 19 January 2018.
In short - yes. This is a common question in personal injury or clinical negligence claims and has recently come before the High Court in judicial review proceedings.
GDPR The General Data Protection Regulations (GDPR) will come into force on 25 May 2018 and bring changes to the rules governing data protection and the requirements placed on organisations which control or process personal data.
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