The use of large up-front fees and disproportionate deposits has already resulted in significant cost consequences for one care provider.
Having received the approval of both the European Commission and Parliament in January, and promises of swift implementation by the Cabinet Office, we have had a wait to see the Directives published. But now, following their publication in the Official Journal of the EU (“OJEU”) today, we can at last say that the expected new EU procurement regime will come into force on Thursday 17th April.
The new regime includes three Directives:
- Directive 2014/23/EU on the award of concession contracts
- Directive 2014/24/EU on public procurement (and repealing Directive 2004/18/EC)
- Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors (and repealing Directive 2004/17/EC).
Cabinet Office has two years from 17th April but, even with the delays in Europe, we still expect their timetable to be much shorter. They will keep us abreast of their developments here: https://www.gov.uk/transposing-eu-procurement-directives and will be continuing the discussion and consultation process they have already begun (and in which we are participating).
There are some significant changes introduced by the new public sector Directive, not least a new “light touch” regime for some “social” services, which replaces the current Part B, an increased focus on social and environmental matters in procurement; and codification of key pieces of case law from recent years - including a detailed test for a 'Teckal' company, and rules governing when a material change to a contract requires a new procurement exercise.
We will be providing training on the new public sector Directive (Directive 2014/24) during the course of this year. Click here for more information on our procurement and other training sessions, offered free for clients.
For more information
For more information on the new Directives, the Cabinet Office’s discussion, consultation and implementation programme, or any other aspect of public procurement, please contact Gayle Monk on email@example.com, Mark Cook on firstname.lastname@example.org, Andrew Millross on email@example.com or your usual contact within Anthony Collins Solicitors.
The government announced on 16 May that it will provide a fund of £400m to cover the costs of removal and replacement of cladding to high rise residential blocks which have failed tests.
Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Thinking about the legal status of being a cohabitant probably isn’t at the top of the ‘to do’ list.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
We are now only a few weeks away from the biggest change to data protection laws in over 20 years. Are you compliant?
The tragedy, in this case, is that there were options readily available to the midwives that they could have used. This was not a case of having to go above and beyond.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
The SCCS has issued providers in the scheme a series of updated and new documents in order to assist with their National Minimum Wage review.
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