Public sector clause bank

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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 model contracts, 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.

Government model contracts

The Cabinet Office maintains three standard contract document collections, with templates and guidance for government contracts:

  1. •

    Model Services Contract

  2. •

    Mid-Tier Contract

  3. •

    Short Form Contract

In-scope authorities (central government departments, executive agencies and non-departmental public bodies) are urged to adopt the standard contracts, instead of using bespoke contracts, unless there is an existing government framework available. Other public sector bodies are also encouraged to apply a standardised approach. This approach is intended to save money, time and resources

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Latest Public Law News

Cabinet Office updates guidance on Payments Compliance Notices

The Cabinet Office has published updated guidance on Payments Compliance Notices under the Procurement Act 2023 (PA 2023). The requirements for contracting authorities to publish payments compliance notices on the central digital platform are set out in PA 2023, s 69 and regulation 38 of the Procurement Regulations 2024. The guidance has been updated to clarify certain policy aspects in response to queries from contracting authorities, including reporting of payments made in compliance with PA 2023, s 68(2). As noted previously, further regulations are required to bring the relevant provisions of PA 2023, s 69 into force. These regulations are anticipated Q1 2026.

UK Covid-19 Inquiry—report published for Modules 2–2C on core decision-making and political governance

The Cabinet Office has published the UK Covid-19 Inquiry’s second report and recommendations on Modules covering ‘core decision-making and political governance’ across the UK Government and the devolved nations (Modules 2 UK, 2A Scotland, 2B Wales, 2C Northern Ireland). Divided into two volumes, the report notes that the four governments’ responses were insufficient and came too late to prevent avoidable harm. Failure to grasp the scale and urgency of the threat made a mandatory lockdown unavoidable by the time it was considered, with similar ‘inexcusable’ mistakes later in 2020. The Inquiry finds the first lockdown should have been imposed a week earlier, potentially preventing around 23,000 deaths, and urges that future pandemic responses act sooner.

Lords Constitution Committee warns of rule of law erosion in UK

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HMCTS updates address details on judicial review application form N461

HM Courts and Tribunals Service (HMCTS) has updated form N461, the form used to apply for permission from the Administrative Court permission to proceed with judicial review claims. The update reflects a change to the address of the London Administrative Court.

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