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Oct
30
2015

David Cameron launches "blind CV" initiative
#Employment #Public Sector

The Prime Minister has announced this week that private and public sector employers have signed up to recruit graduates on a “name blind” basis....

Oct
02
2015

Public sector pay in the spotlight
#Employment #Public Sector

There’s been a lot discussion in the news this week about public sector pay, with a particular focus on the NHS....

Feb
06
2015

Better Access for Small Businesses to Public Sector Contracts?
#Public Sector

As we are all painfully aware, the relatively slow pace of growth in the UK economy is a continuing concern, as it touches all aspects of our daily lives. When it is then considered that 99.9% of the UK’s businesses are SMEs, small businesses are crucial for growth....

Dec
03
2014

The Bribery Act: Three Years On
#Public Sector

The Bribery Act 2010 (the Act) came into force on 1 July 2011 amid much fanfare. The question has arisen on a number of occasions since then whether or not the various offences within the Act are being enforced. The matter was addressed in November of this year, in a speech by Stuart Alford QC, the Joint Head of Fraud at the SFO. Mr Alford noted that the offences under the Act are taken seriously and referred to prosecution currently ongoing in Southwark Crown Court, with charges under the Act included as part of a much larger fraud prosecution....

Jul
04
2014

Procurement for growth - new Cabinet Office guidance
#Public Sector

On 21st May the Cabinet Office issued new ‘Procurement for Growth` guidance (‘Guidance`) on how the public sector can maximise economic growth via its procurement processes. The guidance followed the launch of the Government`s Procurement Pledge at the end of April 2012...

May
21
2014

Clarification by the ECJ on the application of the in-house exception to the EU Public Procurement Rules
#Public Sector

On 8 May 2014, the European Court of Justice (ECJ) ruled on the application of the in-house exception to the application of EU Public Procurement Rules. This is an area which has developed, since the ECJ first took a look at it in the case of Teckal SrL v Commune di Viano and Azienda Gas in 1999 (Teckal)...

Apr
17
2014

Procurement Changes on the Horizon - The New Public Contracts Directive
#Public Sector

On Friday, 28th March 2014, Directive 2014/24/EU on public procurement ("the New Directive") was published in the Official Journal of the European Union. The New Directive will repeal Directive 2004/18/EC (public works, supplies and service contracts) when it comes into force today (17th April 2014). Member States will then have two years to implement the New Directive into national legislation....

Apr
03
2014

Reforms to Judicial Review Procedures
#Public Sector

On 6th September 2013 the Ministry of Justice (MOJ) published a consultation paper on reforming judicial review. The MOJ had a number of specific concerns about the use of the judicial review process including its use as a campaigning tactic and the delays and costs involved in the process...

Mar
25
2014

Procurement changes on the horizon - Part 2
#Public Sector

Following on from our previous article "Procurement changes on the horizon - Part 1" this article sets out the current status of the revised EU procurement directives, and discusses some of the proposed amendments to the existing procurement regime....

Mar
20
2014

Procurement Update: New EU Procurement Directives
#Public Sector

The Cabinet Office has published an update confirming that the 2014 EU procurement directives (which were approved by the EU Council on 11 February 2014) will be published in the Official Journal on 28 March 2014 and will come into force on 17 April 2014. Member states will then have two years to transpose the Directives into national legislation....

Dec
17
2013

Tomorrow`s Valley (Cwm Yfory) procurement completed - 1,500 homes to be powered by energy from food waste
#Public Sector

Clarkslegal`s clients, the local authorities that make up the Tomorrow`s Valley (Cwm Yfory) procurement hub, have announced the completion of one of the most high profile public sector environment projects in Wales of recent times. The result of a six year procurement process is the confirmation of BIOGEN (UK) Ltd to build and operate a new anaerobic digestion unit based in Rhondda Cynon Taf, its third food waste to energy plant in Wales....

Sep
20
2013

Procurement changes on the horizon - Part 1
#Public Sector

The European Commission ("EC") adopted the Single Market Act which sets out a series of measures to boost the European economy and create jobs. One of these measures is a review of the existing public procurement processes. The aim is to create a simpler and more flexible procedure for contracting authorities and to provide easier access to contract opportunities for companies, particularly SMEs and micro-businesses. The EC also wants to implement policy that fosters demand for environmentally sustainable, socially responsible and innovative goods, services and works....

Aug
19
2013

Procurement Challenge: Closing the loophole on differing time periods
#Public Sector

There are currently two potential claims that could be brought against a procuring body for potential irregularities in procurement processes governed by the Public Contracts Regulations 2006 (as amended) (the Regulations)....

Jun
17
2013

Important changes to judicial review time limits
#Public Sector

There are important changes to judicial review time limits in planning cases to come into effect on 1 July 2013. The overall period will be reduced from the current 3 months to 6 weeks, meaning less uncertainty in terms of commencing developments....

Mar
20
2013

Outcome of judicial review on transposition of the EU Waste Framework Directive into the laws of England and Wales
#Public Sector

On 6 March 2013, Mr Justice Hickinbottom gave judgment in the application for judicial review by a number of Claimants into whether or not the Government has correctly transposed the EC Waste Framework Directive (2008/98/EC) into domestic law...

Mar
15
2013

The Public Services (Social Value) Act 2012 - Revisited
#Public Sector

The remaining sections (sections 1 and 2) of the Public Services (Social Value) Act 2012 ("the Act") came into force on 31st January 2013. Sections 3 and 4 came into force on 8th March 2012, when the Act received Royal Assent. The Act will affect organisations subject to the Public Contracts Regulations 2006 (as amended) ("the Regulations"), and it will only apply...

Mar
04
2013

Joint working and voting arrangements in Local Government
#Public Sector

Many of our Local Authority clients participate in joint working arrangements with other Local Authorities, in an effort to, for example, create economies of scale, share costs or streamline services. We have been scrutinising the arrangements which govern these joint working relationships for our clients, considering in particular the decision making arrangements used by Local Authorities working together. The structure of these arrangements may not be quite as straightforward as it used to be following a 2010 Court of Appeal ruling....

Feb
28
2013

Sustainable development - The future in Wales and impact on procurement processes
#Public Sector

Sustainable development ("SD") is a term most individuals and companies will be familiar with, particularly when working with or for public sector organisations....

Feb
09
2012

Timing is everything
#Public Sector

As with all aspects of life, time passes all too quickly. The world of procurement is awash with timeframes that bidders and contracting authorities have to be aware of. The implications of missing deadlines in a procurement process are considered below from both the perspective of the bidder and the contracting authority. We also provide practical advice on how an organisation can sidestep the issues that can arise when insufficient attention is paid to deadlines....

Sep
09
2011

Amendments to the Public Contracts Regulations 2006
#Public Sector

As of 1 October 2011, the Public Contracts Regulations 2006 (as amended by the Public Contracts (Amendment) Regulations 2009) (the "Regulations") will be further amended by the Public Procurement (Miscellaneous Amendments) Regulations 2011....

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