This ebriefing considers the Government’s proposals for challenges, as set out in Chapter 7 of the Green Paper entitled 'Fast and fair challenges'.
Organisations can be entitled to receive financial assistance from the Government, in the form of state aid, subject to meeting relevant criteria.
We help housing providers, and those they work with, to understand the criteria and make the application process easier and less time-consuming, especially when working on wider projects. By involving us at an early stage in the project, we can ensure full consideration is given to state-aid use, rather than overlooking it due to its complexities and potential misunderstanding of use.
Our team has a range of experience and will work with you to meet your targets and contemplate state aid from all angles. We work not only with housing associations and registered providers, but also with local government, which enables us to provide practical advice using real examples, rather than merely pointing out areas of non-compliance.
Our services regarding state aid
You will receive detailed advice tailored to your specific needs, but we regularly provide advice on:
- whether the project is entitled to state-aid support;
- services of general economic interest (SGEI), such as transport networks and social services;
- de minimis rules, allowing small amounts of aid to be given outside of the state-aid rules trail;
- the use and application of exemptions – particularly the General Block Exemption Regulation (GBER);
- state aid as part of wider considerations when deciding on suitable alternative-delivery models for public services – including asset-transfer arrangements when spinning out services from councils and the buy-back of corporate support services, grant arrangements and other potential sources of aid;
- state-aid implications when councils undertake commercial activities; and
- restructuring projects to ensure there is no unlawful state aid.
By providing practical advice we can help you to understand state aid and its various rules, and ensure correct application to guarantee public funds are used in the best and most cost-efficient way.
Provisions within the Housing and Planning Act that remove the need for housing associations (“HAs”) to obtain consent from the Regulator to dispose of social housing (as well as to merge or enter new group structures) come into force on 6 April.
Such freedoms will allow HAs greater flexibility over how they use their assets and, potentially, how they structure their businesses. Our expert panel gathered to discuss the possible opportunities the deregulatory measures offer, together with the likely hurdles. Read the outcome of their discussion here.
We have been recognised for the work we do
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.
This is the second in our series of ebriefings on the Government's Green Paper: Transforming public procurement. The first one on public procurement principles can be found here.
A case at the end of 2020 is a warning for contracting authorities using agreements for lease and similar development agreements to commission buildings and developments from developers.
There are four different strands to the developing public procurement landscape post-Brexit.
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
We now know what the short-term holds for public procurement at the end of the Brexit transitional period.
Last week, the NHF published its final version of its new Code of Governance and made some important changes from the previous draft that will impact on those housing associations looking to adopt it.
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.