The following Local Government practice note Produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors provides comprehensive and up to date legal information covering:
The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement.
Framework agreements are used increasingly for the procurement of works, services and supplies. Their uses range from calling-off construction contracts for works, to a particular development site under a single-provider framework, to the use of a multiple-provider framework set up by a central purchasing body for commoditised goods. In each case, it is important that the rules on framework call-off agreements are properly complied with.
Concerns that the public sector was using framework agreements to avoid compliance with the EU public procurement rules led to discussions between the UK Government and European Commission. These discussions led to the inclusion of the provisions regulating framework agreements in Directive 2004/18/EC. Other than for minor variations, these provisions are essentially unchanged in replacement Directive 2014/24/EU, the Public Contracts Directive.
Public sector framework agreements are covered by regulation 33 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, which implements Article 33 of Directive 2014/24/EU. The definition of 'framework agreement' can also be found in PCR 2015,
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This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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