The monthly round-up from the Anthony Collins Solicitors charities team.
It’s crunch time on 29 January, as Parliament prepares to vote on Plan B of Theresa May’s Brexit deal. If unsuccessful, the UK could be leaving the EU without a deal on 29 March 2019!
Inevitably, a no-deal outcome will have a significant impact on a number of our sectors, but what does this actually mean for public procurement?
Currently, the UK operates under the Public Procurement Directives set out under the EU Legal Framework. Therefore, most procurement by local authorities, housing associations and care providers is governed by the Public Contracts Regulations 2015.
If it’s a (Plan B) deal…
Nothing changes! The UK will continue to operate as it presently does under the Regulations, with full access to be able to publish notices in the Official Journal of the EU (OJEU).
If it’s a no deal…
The Regulations will largely remain the same, although they will be amended slightly to ensure that they remain operable and functional after Brexit. There will be no ‘UK versions’ of procurement documents; it is intended that the existing procedures and processes will continue as they are, but with one key difference – the UK will no longer have access to OJEU!
The impact of the loss of OJEU is more administrative than anything else. In simple terms, a new UK e-notification service, which is being set up by the Government, will replace OJEU. This new service will be up and running, ready for use on Brexit day, so notices that are legally required to be published on OJEU will be replaced with notices on the UK e-notification service.
However, the requirements to publish other opportunities on the UK domestic portals (such as Contracts Finder and Sell2Wales) will still apply; i.e. notices will still need to be sent to both the domestic portals and the UK e-notification service.
What to do next?
UK contracting authorities and entities currently using e-Senders (i.e. third parties) to submit OJEU notices will need to ensure that their e-Sender has successfully integrated the new UK e-notification service.
For contracting authorities who submit notices directly to OJEU, they will need to register notices directly with the new UK e-notification service instead of OJEU (the Government will provide further information on this in due course).
Suppliers looking for UK contract opportunities will need to access the UK e-notification service instead of Tenders Electronic Daily (TED).
In this ebriefing, we identify what we see as the key messages arising from recent prosecutions in the care and housing sectors.
A recent High Court case on costs could prove essential reading for clients who have cases in the magistrates' courts.
The employment and pensions team offer practical advice on whistleblowing.
Partners, David Alcock and Sarah Patrice, have been involved in reviewing the new Code of Governance for community-led housing, published on 21 May 2021 by the Confederation for Coop Housing.
Following the eviction ban being lifted on 31 May 2021 and further to our previous ebriefing, the new notice of seeking possession forms are now available on the Government website as Word versions.
The European Court of Justice's standpoint on the Wiener Wohnen landowning developer case, and how the level of influence over the work did not amount to a decisive influence.
The Law Commission's Technical Issues in Charity Law report revealed that many charities struggle with a range of technical issue in the law.
The Law Commission recommended four key changes to the law in respect of mergers and the incorporation of charities which we have detailed in this ebriefing.
Over the last few weeks, we have published individual ebriefings on some of the key changes to be implemented following the Government’s response to the Law Commission’s report.
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