There has been an updated Direction and Statutory Guidance from the Ministry of Housing, Communities and Local Government to extend the freedom for local authorities to use eligible capital receipts to fund the revenue costs of projects that deliver ongoing savings or improved efficiency. The Direction, which revokes and replaces the Direction of the same name issued on 2 August 2022, extends the flexible use of capital receipts to 2030. It also removes the restriction with respect to redundancy costs that limits the use of the flexibility to statutory redundancy costs only. The Direction includes the requirement to submit the planned use of the flexibility in advance of use for each financial year.
FLEXIBLE USE OF CAPITAL RECEIPTS
March 26th, 2025 by James Goudie KC in Capital Finance and Companies
COURT OF PROTECTION TRANSPARENCY
March 25th, 2025 by James Goudie KC in Judicial Control, Liability and LitigationUnder the Court of Protection Rules 2017 the general rule is that Court of Protection proceedings are to be heard in private unless the Court made an Order permitting other persons to attend. It is a contempt of court to publish information relating to Court of Protection proceedings where the Court was sitting in private, unless the Court ordered otherwise. The Court can order that a hearing be heard in public where there is good reason for doing so. The reasons for that regime were that those with mental capacity could deal with their private affairs confidentially and in private and those who lacked mental capacity should be entitled to the same privacy. The provision encapsulated the rights, under ECHR art 8, of persons who were vulnerable and whose involvement in Court proceedings arose from their vulnerability, not their choice. However, there will be cases where the public interest in an individual case outweighs the privacy considerations. The normal practice is for the Court to make a transparency order for the hearing to be in public, of its own motion, but with reporting restrictions to prevent the identification of the person lacking capacity, unless it appeared that there was good reason for not doing so. So held in W v P (2025) EWCOP 11 (T3).
ENVIRONMENTAL INFORMATION
March 14th, 2025 by James Goudie KC in Planning and EnvironmentalAMIN v INFORMATION COMMISSIONER AND SECRETARY OF STATE for LEVELLING UP, etc (2025) UK FTT 00221 (GRC) is concerned with planning permission for a coal mine. In May 2017 West Cumbria Mining Ltd applied for planning permission for a new coal mine near Whitehaven. The Secretary of State, Michael Gove, called in the planning application. A local public inquiry was held. The Planning Inspector recommended that permission be granted. On 7 December 2022 the Secretary of State granted planning permission. On 10 July 2023 Mr Amin requested Read more »
WASTE
March 13th, 2025 by James Goudie KC in Planning and EnvironmentalA Local Planning Authority’s Minerals and Waste Local Plan can through the planning process regulate harm to a river network caused by nutrient pollution from agricultural waste, such as manure, and its disposal. The LPA are not required to assume that other regulatory regimes would operate effectively to prevent harm. So held in NFU v HEREFORDSHIRE COUNCIL ( 2025 ) EWHC 536 ( Admin ).
RIGHT OF WAY
March 13th, 2025 by James Goudie KC in Environment, Highways and LeisureIn relation to the use by the public of a way over land, and limitation, in RAMBLERS ASSOCIATION v SoS ( 2025 ) EWHC 537 ( Admin ) the Court considers the meanings in Section 31 of the Highways Act 1980 of “actually enjoyed” and “interruption.”
LOCAL PLANS
February 28th, 2025 by James Goudie KC in Planning and EnvironmentalA MHCLG “ Collection “, published on 27 February 2025, gathers together information and resources for local planning authorities on creating a Local Plan, that reflect (1) the current legal framework for Local Plans, (2) the NPPF, PPGs and other planning guidance and policy,(3) digital technology, and (4) the implementation “ later this year “ of the new plan-making system introduced by the Levelling-up and Regeneration Act 2023.
WALES
February 28th, 2025 by James Goudie KC in StandardsA Standards of Conduct Committee Report “ Individual Member Accountability : Deliberate Deception “ makes 11 Recommendations . These include that the Welsh Government should legislate to make it a clearly defined offence for a Senedd candidate or election agent to make or publish DELIBERATELY DECEPTIVE STATEMENTS/INFORMATION for the purpose of affecting how a vote is given at Sened elections.
EXCLUSION FROM CONTRACTS
February 27th, 2025 by James Goudie KC in Decision making and ContractsChanges made by the Procurement Act 2023, in force from 24 February 2025, include ( 1 ) a new MANDATORY EXCLUSION ground for participating in a cartel, ( 2 ) a DISCRETIONARY EXCLUSION ground for potential competition infringements, and ( 3 ) the introduction of a CENTRAL DEBARMENT Register. Suppliers who breach competition law risk ( i) exclusion from individual public procurements and ( ii ) being added to the Central Debarment Register, resulting in EXCLUSION FROM ALL CONTRACTS subject to public procurement, for 5 years. The COMPETITION AND MARKETS AUTHORITY has, on 26 February 2025, published a INFORMATION NOTE on “Exclusion and Debarment on Competition Grounds.”
CONTRACTING AUTHORITIES
February 26th, 2025 by James Goudie KC in Decision making and ContractsOn 24 February 2025 the Cabinet Office has issued GUIDANCE on the role of the Procurement Review Unit (PRU). The PRU will have responsibility for “oversight” of the new regime under the Procurement Act 2023. Its initial aim will be to ensure that the changes introduced by the Act are “embedded within contracting authorities”. The PRU will investigate (1) contracting authorities, to ensure compliance with the Act and (2) suppliers, for possible addition to the Debarment List. Private utilities and some NHS personal care services are, however, out of scope of the PRU. The Guidance states that the PRU is designed to deliver the following benefits:-