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Contributions by Browne Jacobson Experts

26

Civil enforcement of consumer protection law under Part 8 of the Enterprise Act 2002
Practice notes

This Practice Note explains the civil enforcement options available to the enforcers of consumer protection laws when responding to breaches of consumer protection legislation. It covers the civil injunction powers, known as enforcement orders and undertakings, available under the Enterprise Act 2002 and the enhanced consumer measures (ECMs) introduced by the Consumer Rights Act 2015. The Practice Note explains what these measures are, when the measures can be used and which enforcers can call upon these measures when enforcing consumer protection laws. It also considers the impact of Brexit following the end of the transition period (implementation period).

Education Act offences
Practice notes

This Practice Note covers the criminal offences created by the Education Act 1996 (EA 1996). It includes the procedure for instituting proceedings, elements of the offence of failing to comply with a school attendance order and the meaning of 'parent'. It covers school attendance orders, the statutory defence for failing to comply with school attendance orders and sentencing for such offences. It also covers action following acquittal of an offence of failing to comply with a school attendance order.

Enforcement of consumer protection laws under the Consumer Rights Act 2015
Practice notes

This Practice Note explains the generic set of enforcement powers contained within Schedule 5 of the Consumer Rights Act 2015 (CRA 2015) which are available to enforcement bodies responsible for investigating and prosecuting a range of consumer protection legislation. It includes information on which EU enforcers and domestic enforcers can use the generic set of enforcement powers, what the enforcement powers contained in the generic set are and when they can be used. Also included is information on the offence of obstructing an officer using these powers as well as the impact Brexit has on the enforcement of consumer protection under CRA 2015.

Equality Act 2010—discrimination in schools
Practice notes

This Practice Note discusses the sections of the Equality Act 2010 which activate prohibitions on discrimination in schools, the different types of discrimination including sex, race, religion or belief, age, marriage or civil partnership and disability, and the exceptions that may apply. It notes that the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, SI 2017/353 require public authorities with education functions to publish information annually to demonstrate their compliance with the public sector equality duty under EqA 2010, s 149.

Failure to secure attendance at school
Practice notes

This Practice Note covers the two separate offences of failing to secure regular attendance at school under the Education Act 1996 (EA 1996). It covers what the prosecution must prove for a person to be convicted of each offence, including whether a mental element is required, the meaning of 'fails to regularly attend', what is proof of regular attendance, the statutory exceptions to a child failing to regularly attend including the school not being within walking distance of the child's home and the meaning of 'unavoidable cause'. It also includes the law relating to boarding schools and pupils of no fixed abode. Finally it covers sentencing for such offences and alternatives to prosecution.

Safeguarding children in schools (England)
Practice notes

This Practice Note covers safeguarding children in English schools. It explains what safeguarding is, who has responsibility for safeguarding, interagency co-operation, safer recruitment as well as providing guidance on how to deal with allegations against staff members, safeguarding in the context of other specific statutory duties such as female genital mutilation, the prevent duty as well as providing practical guidance for assessing safeguarding risks.

Shared services—issues for local government
Practice notes

This Practice Note concentrates on the statutory powers available to local authorities to provide shared services, the risks associated with exercise of those powers, including potential for challenge if exceeded (ultra vires), and how delivery of shared services can be achieved.

Shared services—key legal issues
Practice notes

This Practice Note summarises the key legal issues for consideration when contemplating use of shared services including: public procurement, contractual, VAT, data protection, employment, intellectual property and state aid issues.

Shared services—structures for delivery
Practice notes

This Practice Note sets out the key structures for delivery of a shared service, including: internal ‘in-house’ shared services, multi-authority shared services and joint ventures for wider exploitation of shared services.

Letter accompanying Invitation to tender (ITT)—competitive procedure with negotiation
Precedents

This letter is to be used by public authorities procuring services under the competitive procedure with negotiation. It is to be sent with the Invitation to Tender (ITT) which sets out the procedures and terms for participation in the procurement process.

Letter responding to clarification requests
Precedents

This Precedent letter is intended for use in the event that a contracting authority conducting a public procurement process receives requests from a bidder for clarification of its invitation to tender or associated procurement documentation.

Letter to accompany clarification requests
Precedents

A contracting authority may find that at the stage of evaluating bids, a submission from a tenderer is unclear or requires clarification. The contracting authority may wish to clarify these matters. This Precedent letter can be used by a contracting authority to set out clarification requests.

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