Dementia currently affects 1 in 14 people in the UK. Many people will either know someone with dementia, have had to support and care for someone with dementia or have been diagnosed themselves.
You can read the paper here.
It is drafted on the basis of a “no deal” approach and assumes no access to European procurement markets for UK contractors. This clearly depends on the terms of the Brexit negotiations, the outcome of which it is too early to predict.
The approach proposed is based on transitional arrangements that have typically applied when new EU procurement Directives have been brought in.
In particular, it proposes that UK contracting authorities should have continued access to OJEU only for procurement procedures begun pre-Brexit and call-offs from framework agreements procured pre-Brexit. There are a number of problems with this approach:
- For projects supported by European funds, grant conditions often require all procurements to be via an OJEU process. Recipients of these grants will need to submit OJEU notices for these procurements before Brexit. It will be crucial to get these procurements right, since the option of discontinuing a flawed procurement process and starting again will no longer be available post Brexit;
- A number of procurement “tools” (such as the ability to use the e-certis database for selection documentation) that help UK companies tender for European public contracts will no longer be available;
- The UK will need to make alternative arrangements to replace OJEU advertising for new procurements begun on the day after Brexit, given that the Public Contracts Regulations 2015 (which require an “OJEU process”) will be preserved in force by the Great Repeal Act (now rebadged as the EU (Withdrawal) Act); and
- The Commission is proposing that all of the current European legal remedies will continue to apply to procurements begun pre-Brexit. This will require the agreement of the UK Government, which seems currently to be saying that the European Court should have no role post Brexit. It will also mean giving EU contractors access to the UK courts to challenge UK procurements begun and, more controversially, call offs from UK frameworks procured, pre-Brexit.
The Commission’s approach means that the EU procurement rules will no longer apply to contracts procured pre-Brexit once they have been signed and a contract award notice published in relation to them. The Commission is proposing that the cut-off point for the application of those rules will be when the contract is “finalised” i.e. when the contract award notice is published or the procurement is discontinued. However, “substantial variations” to those contracts will still be able to be challenged in the UK courts because of the wording of Regulation 72 of the Public Contracts Regulations 2015, which prohibits variations which are not within the scope of that Regulation.
A lot more work will be needed to arrive at a practical and workable position in relation to EU procurement post Brexit. The Commission’s proposals are their opening gambit in these negotiations.
For more information
Please contact Andrew Millross.
The 2022 Code replaces the NHF Code of Conduct 2012 (the 2012 Code) and sets out the baseline standards that the NHF expects of its member registered providers (RPs).
The High Court has dismissed a challenge by the Police Superintendents’ Association to the closure of legacy public sector pension schemes.
In my recent blog, I said that we would be issuing a series of ebriefings and blogs highlighting issues with the Procurement Bill. This is the first of these.
Contractors and delivery partners are facing a ‘perfect storm’ in many cases with a number of factors directly impacting upon the profitability of their work.
Worker status, like Piers Morgan, is one of those things that we think has gone away and then it pops up again!
We are seeing a steady trickle of decisions focused around the issue of flexible working requests or employer requirements for changes to working patterns (both pre and post the pandemic).
For those of us who have endured a choppy cross channel journey, the mention of P&O Ferries will invoke some nauseous memories.
Successive generations have witnessed seismic shifts in the workplace; post-war it was the return of the soldiers and the impact on working women who had to work in their place.
In this podcast, Puja Desai interviews Kimberley Foster and discusses her experience with counselling. This is a really helpful podcast for anyone who has thought about counselling.