The following Public Law practice note Produced in partnership with Lisa Larsen of PPL provides comprehensive and up to date legal information covering:
The function of governance is to ensure that an organisation or partnership fulfils its overall purpose, achieves its intended outcomes for citizens and service users, and operates in an effective, efficient and ethical manner. Effective governance encapsulates the successful process by which an organisation assures its identity and function, cascades its values into culture and ethos, and manages outputs, performance and individual staff roles.
The term governance is understood differently across the public sector, but at its most fundamental level can be thought of as ‘the arrangements put in place to ensure that the intended outcomes for stakeholders are defined and achieved’. These arrangements can include political, economic, social, environmental, legal and administrative structures and processes.
This Practice Note uses the following report extensively: International Framework: Good Governance in the Public Sector, the Chartered Institute of Public Finance and Accountancy (CIPFA) and the International Federation of Accountants (IFAC).
The characteristics of the public sector mean that the function performed by governance differs to that in the private sector. Rather than generating profits, public sector organisations are focused on achieving outcomes, and through both elected and non-elected officials are accountable for maintaining or improving the wellbeing of their citizens and the services they receive. Governance in the public sector must therefore ensure that organisations are acting in the best interest
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Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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