The PPN can be found here.
The obligation to keep the information available “on the internet” is in Regulation 113 of the Public Contracts Regulations 2015. Performance data for the financial year 2015/16 has to be kept available throughout 2016/17.
Regulation 113 includes an obligation to “have regard to Cabinet Office guidance” which can be found here.
The Guidance says that, for 2015/16, there is no need to publish details of “interest accrued due”. Although there is no authorisation within the Regulations for this relaxation, in practice it is unlikely that a contracting authority will be challenged if they follow the guidance. For 2015/16, therefore, all that it is necessary to publish is the percentage of invoices paid within 30 days and interest actually paid on late payments.
Although the PPN does not add anything to the statutory obligations, it is a timely reminder of the need to comply with them.
The PPN warns that spot compliance checks will be made by the Mystery Shopper service. Since this will just involve looking at the contracting authority’s website, contracting authorities that have not complied should expect a call from them.
Contracting authorities should also ensure that they have complied with the requirement to “cascade” the 30 day payment provisions down their supply chain. All contracts should now include obligations on contractors to pay their subcontractors within 30 days (and to require their subcontractors “of any tier” also to do so).
Contracting authorities should be checking their purchase terms, standard contract conditions, standard form building contracts they use, development agreements (where they are public contracts), ICT contracts, contracts called-off from frameworks set up under the 2015 Regulations and other contracts to ensure they include these provisions.
Please contact Andrew Millross.
We have submitted our response to the White Paper Consultation based on the discussion held at the “Planning for the Future - what does this mean for affordable housing” webinar we held on Fri 9 Oct
Anthony Collins Solicitors is pleased to have been ranked as a Band 1 firm once again.
Since March 2020, commercial property owners and occupiers across many sectors, whether housing associations, charities, care providers or local authorities, have been impacted by the rules regulating how they deal with their tenants and their landlords. It seems each week there is a change in policy, regulation or legislation, governing how they must respond.
A key element of the Bill is the establishment of a duty holder regime and requirement to maintain the ‘golden thread of information’ throughout the life cycle of high-risk residential buildings
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
There is no universal approach to regenerating town centres. However, housing must be considered a key part of any regeneration project – providing well-needed new homes and economic growth.
Friday 16 October marks the 6th annual Wear Red Day in England, Wales and Scotland. Wear Red Day is the brainchild of the charity; Show Racism the Red Card (SRTRC). SRTRC aims to educate young people so they are equipped to recognise and challenge stereotypes, misconceptions and negative attitudes towards race.
Alongside the Building Safety Bill published in July 2020, the Fire Safety Bill is a key step in the Government’s strategy to improve building and fire safety in the wake of the Grenfell Tower tragedy
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