Yesterday, on 6 August 2020, the Government published the above White Paper. The purpose of the White Paper is to do the following: “Planning for the future, landmark reforms to speed up and modernise the planning system and get the country building”.
- the proportion of invoices (but only those payable to the contracting authority’s direct contractors) that were paid within 30 days (based on numbers of invoices, rather than their value);
- interest accrued due as a result of non-payment within 30 days (at 8% above Bank of England base rate for most contracting authorities under the Late Payment of Commercial Debts (Interest) Act 1998 and the Regulations made under it); and
- interest actually paid on late payments.
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.
For more information
Please contact Andrew Millross.
The Johnny Depp -v- News Group Newspapers trial concluded last week and has been widely publicised and reported on around the World.
On 30 June 2020, Boris Johnson announced radical changes to the planning system.
Six months after the first recorded case of COVID-19 in the UK, it is clear that charities, community organisations and volunteers have played a huge role in the UK’s response to the COVID-19 pandemic
This article is further to our previous e-briefing (published on 22 July 2020) where we informed you that there are new temporary measures (a new Practice Direction PD55c) that have been brought into deal with possession claims, following the stay being lifted on possession claims on 22 August 2020.
A podcast from Alex Loxton and Sumi Begum from our housing litigation team, discussing injunction applications and the courts approach in light of COVID-19 and the ban on possession proceedings.
We have asked colleagues in the Employment Law team to highlight what they think is key to managing a redundancy programme well.
The use of video remote witnessing of Wills will become law.
There’s no doubt about it, the COVID-19 pandemic has placed incredible pressure on the NHS.
Chancellor Rishi Sunak’s £3.8 billion SDLT giveaway may bring benefits for registered providers of social housing, according to ACS experts in the sector.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.