The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
Housing providers hoping to escape the EU procurement rules as a result of the recent deregulation measures, should note that this is unlikely pre-Brexit or during any transitional period whilst the EU rules still apply to the UK.
Hidden away in the latest package of Infringement cases brought by the European Commission, was a statement that the Commission has sent a formal notice to the Netherlands concerning Dutch housing corporations. The notice says that the failure of the Netherlands government to ensure that Dutch housing corporations follow the EU procurement rules is an infringement of those rules. If the Netherlands government does not act to require Dutch housing corporations to follow the EU procurement rules by the end of this month, the next step will be a “reasoned opinion” from the Commission followed by a referral to the European Court of Justice.
This is the same process which led to the circular from the Housing Corporation in September 2004 requiring UK housing associations to comply with the EU procurement rules.
The fact that the Commission is taking this action now suggests that it is very unlikely that any exemption from the EU procurement rules could be secured for English registered providers or Welsh registered social landlords in the near future.
If you have any queries regarding the above, please contact Andrew Millross.
Changing charitable purposes and amending governing documents.
Charity registration financial thresholds.
One of the stated aims of the Green Paper is “to deliver the best commercial outcomes with the least burden on the public sector".
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the Green Paper.
Family team partner, Elizabeth Wyatt, is delighted to congratulate Kadie Bennett for attaining Resolution Specialist Accreditation in both children law - private and complex financial remedy matters.
On 11 February 2021, the Pension Schemes Act 2021 was given royal assent, setting out a framework for several major changes that will certainly be of interest to employers and pension funds alike.
Matthew Wort, partner, speaks on today’s Supreme Court judgment for sleep-in shifts.
The Supreme Court has today (19 March 2021) handed down judgment in the cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad (t/a Clifton House Residential Home).
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