Mutuals and mutualisation - a better business model?

'Mutuals' and 'mutualisation' were among the hot topics of 2011. Raised within the 'Open Public Services' White Paper, the Government sees them as ways to encourage greater involvement from the wider public sector in the delivery of services.

Government ICT Strategy - time for a closer look

In March 2011 the Cabinet Office published its Government Information Communication Technology (ICT) Strategy. Since then it has released further details through the ICT Strategy Strategic Implementation Plan and a set of ICT sub-strategies.

Renewables finally back on track with new bandings: the winners and losers

The long wait is over. Today, the Government has published proposals to revise bandings under the Renewables Obligation (RO) with the aim of further supporting renewable energy.

Government to 'Open Public Services'

On Monday 11 July 2011 Oliver Letwin laid before Parliament the Government's long awaited vision for reform of public services, the "Open Public Services" white paper.

Major concession on ministers' powers under the Public Bodies Bill

The Government yesterday announced that it was not going to proceed with its proposal, as currently set out in the Public Bodies Bill, to allow ministers to decide the fate of some 150 Quangos without recourse to Parliamentary scrutiny.

Transparency and FOIA becoming clearer now

New legislation, new consultation, new services... it has been a busy few months for transparency and freedom of information.

The retreat from Roanne continued? Commission v Spain (Case C-306/08)

Consideration of the application of the EU procurement rules to development agreements by the European Court continues with the publication of the Advocate General's opinion in the case of European Commission v Spain on 16 September.

Green light for compulsory pension provision

Workplace pension reform emerged this week relatively unscathed from a government review of the policy (Making automatic enrolment work: A review for the DWP).

Coalition Watch - Spending Review special edition

Welcome to this special edition of the Public Law & Regulation team's Coalition Watch alert series.

Coalition Watch - edition 4

In this edition we also bring all the other news of the major government policy developments of the last fortnight, which include the publication of the first parliamentary Bill of the autumn - the Postal Services Bill. It is the herald of much more legislation to come.

Public Service Pensions Review - Hutton Report published

Yesterday (7 October 2010), Lord Hutton of Furness published his interim report setting out progress to date in relation to his structural review of public service pensions.

A drop in carriage clock sales? Time called on default retirement age

The Department for Business Innovation and Skills and the Department for Work and Pensions have issued a joint consultation on the Government's proposal to phase out the default retirement age.

High-definition Monitor

A previous alert discussed the new competition powers of Monitor that are proposed in the Department of Health consultation paper "Liberating the NHS: Regulating healthcare providers". This analysis looks more generally at the proposals to change the regulatory framework for NHS services in England

Coalition Watch - edition 3

As we move into autumn and the Coalition gears up for the hard business of government, everyone with an interest in the future of the public sector might well want to brace themselves for an interesting ride.

Government procurements and contracts - new transparency requirements

On 29 May 2010 the Prime Minister wrote to the Secretary of State listing data and documents which will be made publically available by government. It raised a number of fundamental questions.

Liberating the NHS: Regulating healthcare providers

The Department of Health is consulting on a range of radical initiatives linked to the Health White Paper. One of these: 'Liberating the NHS: regulating healthcare providers', concerns its proposal to establish Monitor as an economic regulator for the healthcare sector.

EPCs and DECs - more changes ahead

A new EU Directive has now been passed and must be brought into effect in the UK by 9 January 2013, although the government has hinted that certain changes may be implemented sooner. Find out what this means for you and your business.

Coalition Watch - edition 2

Welcome to the second edition of the Public Law & Regulation team's Coalition Watch alert series.

From RPI to CPI - Implications for staff transfers from the public to the private sector

The Government Actuary's Department (GAD) has confirmed that it will not issue bulk transfer terms or start new broad comparability testing until the issues arising from the CPI changes have been worked through. This could have practical implications for many public-to-private outsourcing exercises.

Coalition Watch - edition 1

Welcome to the first of the Public Law & Regulation team's Coalition Watch alert series.

Data protection in Europe

This alert deals with hot topics in European data protection – transferring data and the results of the CNIL's (the French Data Protection Regulator) 2010 annual report.

£4.3 million compensation for an 'unfair' dismissal

The Court of Appeal decision in Edwards v Chesterfield Royal Hospital NHS Trust will be of particular concern for employers with contractual disciplinary and grievance procedures – most notably the NHS and other public sector employers.

Purdah - public bodies in the pre-election period

With the next general election looming, Wragge & Co's Public Law and Regulation team considers the implications for decision-making by central and local government and other public authorities.

Wragge & Co secures place on MoD's major projects legal panel

Wragge & Co LLP has been re-appointed to the Ministry of Defence (MoD) major projects legal panel. Under a four-year term, the firm will advise on major public private partnership (PPP) and private finance initiative (PFI) projects.

Needles and herbs

The Department of Health has taken further steps in assessing whether to extend regulation to a broader range of professional and occupational groups working in the healthcare sector.

NHS Foundation Trusts - buying a return ticket: new proposals for de-authorisation

On 27 July 2009, the Department of Health launched a consultation on introducing new legislation allowing for the de-authorisation of a NHS Foundation Trust.

Extending professional and occupational regulation for healthcare services

In February 2007 the Government published a White Paper entitled "Trust, Assurance and Safety - The Regulation of Health Professionals in the 21st Century."

Carbon Reduction Commitment - the basics

The Carbon Reduction Commitment is a mandatory emissions trading scheme. To be introduced under powers taken in the Climate Change Act 2008 its twin aims are to improve energy efficiency and reduce the UK's carbon dioxide (CO2) emissions.

More Regulators to be subject to the principles of good regulation

From 1 October 2009 more regulators will be under duties to have regard to the principles of good regulation and the Regulators' Compliance Code.

Promoting well-being - caution rules again? Brent LBC v Risk Management Partners: (the LAML case) part one

For many years, innovative actions by local authorities have been stifled by concerns over the scope of their powers. Some legislation contains deliberate and specific constraints on local authority activities.

Help is at hand: New BSI standard for data protection

Following a three-month consultation with the industry, government, academia and consumers, but not the Information Commissioner's Office (ICO), on Tuesday 2 June BSI launched the first British Standard relating to personal data management.

Litigation survival guide - part 18. Putting payment terms under the microscope

With no end in sight to the economic downturn, payment terms are increasingly important to many businesses. Contractual terms agreed in the past regarding payment may now appear somewhat outdated.

Litigation survival guide - part 16. That's settled then!

Ensuring that a settlement agreement achieves its purpose is crucial.

Litigation survival guide - part 15. Securing the costs of your litigation

Litigation can be costly. Having to defend an unmeritorious claim made by a financially unstable company is the worst case scenario for any defendant and, in a period of economic downturn, the risk of this happening is increased.

OGC announces tightening of penalties for public procurement abuses

On 30 April 2009, the Office of Government Commerce (OGC) launched its 12-week long second-stage consultation on the implementation in UK law of the new Remedies Directive (Council Directive 2007/66/EC).

Litigation survival guide - part 14. Mediation - do you have to and why should you?

Parties should always be alert to the possibility of mediation as an alternative form of dispute resolution. This is particularly so in the current economic climate as mediation can resolve a dispute in a short time frame.

Litigation survival guide - part 13. Offers to settle under Part 36

In any litigation, but possibly more so in times of economic downturn, considering offers of settlement is crucial. If an offer is accepted you will save on legal and management costs.

Litigation survival guide - part 11. Time is (recoverable) money. Recovering wasted staff and management time

When a dispute arises which subsequently leads to litigation, the internal costs of investigating and dealing with the problem can be significant.

ICO guidance on monitoring and enforcing compliance with model publication scheme

The Information Commissioner's Office has issued a notice setting out how it will monitor and enforce the adoption by public authorities of the new model publication scheme to comply with their obligations under the Freedom of Information Act.

Litigation survival guide - part 10. To use or not to use? That is the without prejudice question

If I stick without prejudice on this email, I can't go wrong. Wrong!

Litigation survival guide - part 9. Privilege - top five Q&As

Privilege is a complex area which can be the source of much confusion. The rules on privilege play a key role in the obligation to disclose documents which is an important stage in any litigated dispute.

Litigation survival guide - part 8. Cost-effective litigation

Although litigation should always be conducted in a cost-effective manner, in periods of economic downturn this becomes increasingly more important.

Litigation survival guide - part 6. Regulatory breaches - steps in the right direction

We live in an ever more regulated age. European and global markets are increasingly regulated and this trend looks set to continue.

Litigation survival guide - part 5. Responding to the threat of winding-up

Although service of a statutory demand or winding-up petition on a company is a blunt and unsophisticated debt recovery tool, it will often have the desired effect for a creditor as they are seldom ignored and ignored only at the company's peril.

Litigation survival guide - part 4. Winding-up your corporate debtor

The threat of insolvency proceedings against a corporate debtor can greatly assist a creditor's primary objective of getting paid, preferably in advance of everyone else.

Litigation survival guide - part 3. Retention of title: sellers beware!

With the effect of the global credit crunch hitting national and international trade, sellers should take a close look at their standard terms and conditions of sale to ensure that they have a valid retention of title (ROT) clause.

Litigation survival guide - part 1. Escape to victory: points to consider when terminating a contract

For a number of reasons you may wish to consider whether you can terminate a contractual relationship you have entered into. During periods of economic downturn the instances of this are greater.

New Year's resolution to "become a better customer" - the OGC launches new toolkit for public sector IT procurements

Two new procurement tools were launched on 9 January 2009 by the Office of Government Commerce to help public sector bodies taking on large, complex IT projects. The two tools consist of a PQT and JSI.

Access to information

The Information Commissioner has issued technical guidance clarifying how Schedule 12A and section 100 of the Local Government Act 1972 (LGA) operate alongside the Data Protection Act 1998 (DPA) and the Freedom of Information Act 2000 (FOIA).

Maternity leave and pension contributions

Rules covering non-cash benefits will change this year for pregnant employees with a childbirth expectance week of 5 October 2008 or later.

Everyone is created equal (but some are more equal than others). Latest developments in discrimination law

The courts and tribunals have been busy as ever, delivering decisions in discrimination cases.

Immigration update

Wragge & Co's legal experts bring you the latest immigration news.

OGC Model ICT agreement: Version 2.2 - evolution not revolution

Version 2.2 of the Office of Government Commerce (OGC) model information and communications technology (ICT) services agreement and guidance was published on 30 May 2008.

Use of open source software in the public sector

On 19 May, OGCBuying.solutions announced that it was collaborating with BECTA, the government agency for the use of IT in education, to establish a new framework agreement for educational software licensing.

CDM Regulations: compliance with mobilisation provisions

A guide to successful outsourcing: Key Initial Issues