Explanatory Notes to S.I. 2020/392 state :
It will be possible to make secondary legislation to bring forward the end date of 7 May 2021 “ if social distancing rules are relaxed or removed on the basis of medical and scientific advice”: para 3.4.
The Government does not intend to issue Guidance : para 11.1
The Local Authorities etc (Coronavirus) (Flexibility of Meetings) ( England and Wales) Regulations 2020, S.I. 2020/392 contain 4 Parts. Part 1, Regs 1-3, is General. It and Part 4, Police and Crime Panels, apply to England and Wales. Parts 2 and 3 apply to England only. Part 2 relates to Remote Attendance and consists of Regs 4&5. Part 3 relates to Modification of Meetings and Public Access Requirements. It consists of Regs 6-17. The Regs apply to Meetings that are required to be held, or held, before 7 May next year. Reg 3 relates to Interpretation, including “local authority” and “local authority meeting”.
Amber Valley BC v Haytop Country Park Ltd (2020) UKUT 68 (LC) is concerned with a caravan site licence under the Caravan Sites and Control of Development Act 1960, as amended, and 2014 Regulations there under. There was a dispute, which is in the course of determination, as to whether the proposed use by Haytop would be a breach of planning consent. The UT rules that the FTT should not have required the grant of a licence by the Council to Haytop where what Haytop wanted to do might be outside the terms of the current planning permission.
The Local Authorities etc ( Flexibility of Meetings ) Regulations 2020, S.I. 2020/392, have been made on 1 April 2020, and come into force on 4 April 2020, enabling local authority meetings to be held remotely. They are not identical to the draft Regulations.
In James v Hertsmere BC (2020) EWCA 489 rules that the scope of Section 204 of the Housing Act 1996 on appeal to the County Court on point of law in homelessness cases extends to the full range of issues that would otherwise be the subject of an application to the Administrative Court for judicial review. The Court also held that when there is constitutionally delegated authority to extend an intra vires contract, such as a contract that contracts out the Section 202 review function, then, if the extension may not have been done validly at the time, it can be ratified.
Courts in the UK continue to be obliged to refer to the European Court of Justice cases involving unclear EU law. The Supreme Court made such a reference on 1 April 2020 in Zipvit v HMRC (2020) UKSC 15.
A local authority had been entitled to impose on the holder of a licence under a Selective Licensing Scheme pursuant to Section 90 of the Housing Act 2004 a condition requiring him to undergo a training course on how to manage tenancies. So held in Berg v Burnley BC (2020) UKUT 91 (LC).
The Supreme Court has unanimously allowed appeals in WM Morrisons Supermarkets v Various Claimants (2020) UKSC 12 and in Barclays Bank v Various Claimants (2020) UKSC 13. No vicarious liability in either case. The former concerned an employee, the latter an independent contractor. Vicarious liability applies to employees and near employees. It does not apply to classic independent contractors.
Procurement Policy Note 01/20 on Responding to COVID-19 has now been followed by Procurement Policy Note on Supplier Relief due to COVID-19.