The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
The Government has now published its “no deal notice” for public procurement.
You can find it here.
All that this notice says is that instead of having to advertise “above tendering threshold” contracts in the Official Journal of the European Union (OJEU), there will be a UK-wide website for these notices. This will be in addition to the need to advertise on Contracts Finder (or Sell2Wales), rather than instead of it.
The notice confirms that there will need to be amending Regulations addressing the “technical” changes to the public procurement rules that will be needed on Brexit. These include:
- thresholds expressed in euros, which will need to be converted to pounds;
- references to European institutions, which will need to refer to UK institutions, where they exist;
- deciding whether the EU “Common Procurement Vocabulary” should still be used to decide whether particular activities are works, services or supplies;
- deciding whether the obligations in the UK Regulations are still enforceable by contractors and suppliers based in other EU Member States (which they will unless the amending Regulations change this); and
- deciding whether the EU Treaty principles (of non-discrimination, equal treatment and transparency) will apply to “below-threshold contracts” which may be of “cross-border interest”
The notice also states that the UK is hoping to sign up to the World Trade Organisation’s Government Purchasing Agreement (GPA). The application was submitted on 1st June 2018 but the WTO has asked for more information, including more information about the UK’s proposed public procurement regime. Further information on this is available in the Parliamentary briefing paper on Brexit and public procurement, published at the start of September - see here.
For more information
Please contact Andrew Millross.
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
The Court has confirmed that a party cannot withhold its consent in order to re-write the original bargain.
Following the Grenfell Tower tragedy, building safety continues to be a key concern for social housing providers and their residents.
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