Anthony Collins Solicitors are presenting a series of podcasts with employees to raise awareness about disabilities around the firm.
Section 17 of the Local Government Act 1988 has made that clear for many years. It prohibits the taking into account of non-commercial considerations in procurement decisions, including considerations relating to country of origin. The Public Contracts Regulations 2015 also do not allow for a contracting authority (off its own back) to boycott certain countries or organisations.
Councils do, from time to time, pass resolutions seeking to boycott. However, as The Queen (on the application of Jewish Rights Watch, t/a Jewish Human Rights Watch) v Leicester City Council demonstrates, these commissioning resolutions are either made by full Council (when the Executive rather than full Council has the power to make procurement decisions) or usually caveated by words to the effect of “so far as the law allows” (we sense the hand of a lawyer there). As the law does not allow it, any such resolution has no legal effect and is purely symbolic.
The issue of boycotts greatly concerns the Government; it was only last year that they issued a Procurement Policy Note on the subject. Now the Government proposes to amend the Revised Best Value Statutory Guidance to “Add a new paragraph stating that authorities should not implement or pursue boycotts other than where formal legal sanctions, embargoes and restrictions have been put in place by the Government”.
In our view, given the clear understanding of what Section 17 means and that procurement law does not allow local authorities to boycott, there is no need for any change to the best value guidance.
Does this mean that the Government has some other motive? The consultation refers to “pursue boycotts”. Does this mean that the Government is also going after purely symbolic resolutions and restricting local authority members from even commenting on issues?
We wait to see the outcome of the consultation and the exact wording that goes into the guidance. For reference, the consultation can be found here.
Answering key questions about the details and practicalities of mandatory vaccinations in care home settings.
Anthony Collins Solicitors (ACS) has appointed a new partner to its market-leading social housing property team.
On 7 September 2021, the Regulator of Social Housing (RSH) published its annual consumer review.
From today (1 October 2021) there is yet more change on the possession front!
We are delighted to secure our position as a top-tier firm in five of our practice areas in the Legal 500 2022 edition.
This virtual event is an introduction to employee ownership.
Helen Tucker has been appointed a deputy district judge (DDJ) for the Midlands Circuit and will start sitting part-time in county courts from early 2022.
The monthly round-up from the Anthony Collins Solicitors charities team.
The CQC will conduct reviews on a monthly basis of all of the information they hold about services and will use these reviews to prioritise its activity.
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