18 April 2016 saw the final step in the implementation of the new European Union Public Procurement regime in the UK. The regime was first introduced at EU Level on 17 April 2014 in the form of the following European Directives:
- Directive 2014/23 on the award of concession contracts;
- Directive 2014/24 on public procurement; and
- Directive 2014/25 on procurement by entities operating in the water, energy, transport and postal services sectors.
Directive 2014/24 has already been transposed into UK law in the form of the Public Contracts Regulations 2015, and applies to contract award procedures advertised on or after 26 February 2015. The old regime, that is to say the Public Contracts Regulations 2006, will continue to apply to procedures advertised before that date.
On 18 April 2016, Directives 2014/23 and 2014/25 were transposed into UK law in the form of the Concessions Contracts Regulations 2016 and the Utilities Contracts Regulations 2016 respectively. In addition, the following steps took effect:
- Amendments will be made to various pieces of legislation relevant to public procurement in the UK including the Public Contracts Regulations 2015, by virtue of the Public Procurement (Amendments, Repeals and Revocations) Regulations 2016.
- The ‘Light Touch’ procurement regime which applies to contracts for Social and other Specific Services (as detailed in Schedule 3 of the Public Contracts Regulations 2015), will begin to apply to health services that are subject to the NHS (Procurement, Patient Choice and Competition)(No.2) Regulations 2013.
For more information about the forthcoming changes please click here to email Stewart Morrison, a member of Hewitsons’ Public Procurement Team.
Fishbourne Developments Ltd v Stephens [2020] EWCA Civ 1704
In this case the appellants were a development company who were granted an option to purchase a farm. The owner of the farm died in 2014 and her interest passed to her daughter the respondent.
The Court of Appeal has recently confirmed that cost capping orders for Aarhus Convention claims, which includes planning and other environmental judicial reviews, are inclusive of VAT.
The available defences to local authority prosecutions for the non-compliance of planning enforcement notices are limited. The recent case of Zafar v Stoke-On-Trent City Council [2020] highlights such limitations and the importance of exercising your appeal rights.
Landowners will be keen to understand what limits can be imposed on telecoms operators who have equipment on their land. However, they will be disappointed with the outcome of a recent case concerning a lease renewal under the Electronic Communications Code where the tenant operator was allowed extensive rights to install, upgrade and share the site.
