Public sector clause bank

This subtopic is aimed at public sector lawyers dealing with contract matters and contains a selection of guidance and Precedents, including boilerplate and key clauses common to many contracts which govern the general operation of the agreement and the respective rights of the parties. Subjects covered include the use of defined terms, the role of boilerplate and an introduction to the rules of jurisdiction.

The selected guidance in this subtopic is intended to provide an overview of some of the key terms relevant for drafting contracts and frameworks. Further Precedents and guidance are available from Lexis+® UK Commercial and Dispute Resolution.

Use of defined terms

The purpose of defining terms in an agreement is to avoid:

•
ambiguity, by giving specific meanings to words and setting out their scope, which may differ from their ordinary meaning
•
repetition, particularly of long or complex phrases, so that the agreement is more concise and easier to read

Care should be taken when drafting individual terms and definitions. Contract drafters should ensure that the inclusion of each term and scope of each definition is appropriate in the context of both

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Local Government News

CQC round-up—30 April 2025

A round-up of the latest news from the Care Quality Commission (CQC), including three adult social care providers rated inadequate.

Adult social care charging policies, the public sector equality duty, and severely disabled adults: the Court of Appeal judgment in (R (YVR) v Birmingham City Council)

Local Government analysis: The Court of Appeal dismissed an appeal challenging Birmingham City Council's decision to maintain its adult social care charging policy, which required severely disabled adults to pay the maximum amount permitted by the Care Act 2014 and associated regulations. The Court held that the Council had not breached the public sector equality duty (PSED) when it decided not to amend its policy following the High Court's decision in R (SH) v Norfolk County Councilwhich had identified discrimination against severely disabled adults unable to work. The judgment clarifies who must discharge the PSED within local authority decision-making structures and is significant for financially challenged local authorities facing similar challenges to their charging policies, as well as for severely disabled adults reliant on benefits but still subject to local authority charging. Written by Stephen Cragg KC, barrister at Doughty Street Chambers.

Appropriate assessments and planning committee’s failure to consider relevant information (R (on the application of Dr Rosalind Bradbury) v Brecon Beacons National Park Authority)

Planning analysis: In Bradbury v Brecon Beacons National Park Authority, the Court of Appeal dismissed an appeal against a decision to grant planning permission for two developments, despite the planning committee’s failure to consider relevant information (specifically, the absence of appropriate assessments and the potential impact of the proposed development on the integrity of the River Wye Special Area of Conservation) on the basis that it was highly likely the committee would have reached the same decision even if this breach had not occurred. (R (on the application of Dr Rosalind Bradbury) v Awdurdod Parc Cenedlaethol Bannau Brycheiniog (Brecon Beacons National Park Authority)). Written by Martha Grekos, barrister at Martha Grekos Legal Consultancy.

Cabinet Office updates PPN 010: Procuring steel in government contracts

The Cabinet Office has updated Procurement Policy Note 010: Procuring steel in government contracts (PPN 010), which provides in-scope organisations with guidance on steel procurement in government projects under the Procurement Act 2023 (PA 2023). PPN 010 applies to central government departments, their executive agencies and non-departmental public bodies when awarding public contracts (as defined by PA 2023, s 3), other than special regime contracts (as defined by PA 2023, s 10(6)), where steel is being procured directly or indirectly (relevant steel procurement). Other contracting authorities are encouraged to consider applying the best practice set out in PPN 010, as appropriate, where they do not have equivalent measures in place. PPN 010 provides guidance on policies, tools and methodologies relating to the design of relevant steel procurements and clarifies the scope of reporting requirements on origin data forming part of the annual steel data return to the Department for Business and Trade. PPN 010 has been updated to include an example contract clause and actuals data template for the associated steel product and origin data requirements. PPN 010 has also been updated to reflect terminology introduced by PA 2023 and the Procurement Regulations 2024, SI 2024/692. For procurements commenced before the PA 2023 go-live on 24 February 2025, authorities should continue to refer to PPN 04/23.

View Local Government by content type :

News