It has been another difficult few weeks for many of us, especially those who find themselves under tier 3 restrictions.
The 2015 Regulations represent some significant changes for purchasers across the public sector, who now have a short window in which to consider the changes that are needed to their purchasing practices. We will be sharing with you over the next few weeks our thoughts on some of the important areas of change within the 2015 Regulations but, in the meantime, here are the key dates you need to know:
- the majority of the provisions come into force on 26th February; any procurement process that is commenced from this date will be subject to the 2015 Regulations. The exceptions to this are:
- there is a staggered introduction of the requirements on purchasers to procure electronically under paragraphs (1) to (7) of Regulation 22, with the majority of the requirements not coming into force until 2018 (though for dynamic purchasing systems and electronic catalogues these rules come in to force this month; for central purchasing bodies in 2017; and the European Single Procurement Document must be electronic from 2017);
- purchasers do not need to have recourse to e-Certis (a guide to different documents and certificates required from tenderers across the EU) until 2018;
- the obligations to use Contracts Finder do not come into force for purchasers outside central government (including local authorities and registered providers) until 1st April 2015.
There will be a period of adjustment in the case of concessions contracts (both works and services) which will be subject to Regulations to implement the Concessions Directive (Directive 2014/23/EU) which have not yet been drafted. Similarly, new forms for submission to the Official Journal are not expected to be ready in time for the 2015 Regulations coming into force and so existing forms will need to be used until these are ready.
For more information
For more information on this or any other aspect of the EU public procurement regime, please speak to any of Andrew Millross, Mark Cook, Richard Brooks and Gayle Monk, or your usual contact within Anthony Collins Solicitors.
We have submitted our response to the White Paper Consultation based on the discussion held at the “Planning for the Future - what does this mean for affordable housing” webinar we held on Fri 9 Oct
Anthony Collins Solicitors is pleased to have been ranked as a Band 1 firm once again.
Since March 2020, commercial property owners and occupiers across many sectors, whether housing associations, charities, care providers or local authorities, have been impacted by the rules regulating how they deal with their tenants and their landlords. It seems each week there is a change in policy, regulation or legislation, governing how they must respond.
On 18 September 2020, the High Court gave its decision regarding the Judicial Review of Simply Learning Tutor Agency Ltd & Others v Secretary of State for Business.
A key element of the Bill is the establishment of a duty holder regime and requirement to maintain the ‘golden thread of information’ throughout the life cycle of high-risk residential buildings
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.