Legal500 (original) (raw)

Legal Developments by: Salans

The amendments adopted by the Parliament on July 1, 2011 to the Municipal Cleanliness and Tidiness Act bring revolutionary changes to the Polish waste management system. The Act is currently awaiting signing by the President. Once approved, the changes will become effective 12 months from the date the Act is published.

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In Case C-599/10, SAG v Upro, the CJEU in a Judgment on 29 March 2012, reiterated (para 40) that the procurement regime “... does not preclude ... the correction or amplification of details of a tender where appropriate, on an exceptional basis, particularly when it is clear that they require mere clarification, or to correct obvious material errors, provided that such amendment does not in reality lead to the submission of a new tender”.

Note the Local Authorities (Alteration of Requisite Calculations) (Wales) Regulations 2012, SI 2012/521 (W.82).

Kind v Northumberland County Council [2012] EWHC 603 (Admin) concerns a cattle grid situated on a farm track over which the public has a right of way on foot and on horseback.

Haringey LBC operated an automatic bidding system whereby tenants it had housed in temporary accommodation under s.193 of the Housing Act 1996 were allocated points by relation to specified thresholds. The Council then notified the tenants of available accommodation, and then automatically offered the new accommodation to the tenant with the highest number of points in the relevant category.

Since the Coalition Government came into power, “doing more with less” has become a typical catchphrase. Cutting public services, charging for services, or finding a more economically attractive way of delivering public services has been a requirement for most, if not all, public authorities.

I consider 6 topics in this paper (1) the legislative framework, (2) the implied duty to assess need, (3) community groups ,(4) Equality Impact Assessments (“EIAs”) and libraries, (5) institutional arrangements, (6) the Localism Act 2011.

In Fortune v Wiltshire County Council [2012] EWCA Civ 334 the Court of Appeal upheld findings that a lane was a vehicular highway dedicated at common law and that the public right to use mechanically propelled vehicles on the lane had not been extinguished by Section 67 of the Natural Environment and Rural Communities Act 2006 (“NERCA”).

This talk considers three somewhat disparate, but crucial, areas of school life and the implications of Academy status in those areas. The areas are staffing, Special Educational Needs (SEN) and admissions.

Section 149 of the Equality Act 2010 (“the 2010 Act”), which came into force on 5th April 2011, provides that:

Questions relating to the transfer of land to new academies present a number of problems in practice. The basic principle being followed by the Secretary of State (“SoS”) is that the new academy ought to have by way of land the same rights and interests as the old school, although the powers under the Academies Act 2010 (“the Act”) give the SoS much wider powers than that.