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PRACTICE NOTES
This Practice Note explains the three basic models of governance for local authorities. It covers the distinction between decisions which are executive and non-executive or council decisions. It also covers the strict requirements about the convening of meetings and the notice that must be given, and discusses rules relating to the agenda, minutes and executive meetings. Executive and non-executive decision making There are three basic models of governance for local authorities: • the executive leader and cabinet model: ◦ the council, comprising all councillors, elects an executive leader, who appoints a maximum of nine other councillors as members of the executive (or ‘cabinet’) ◦ each cabinet member has a specific area of responsibility ◦ the executive leader is elected by full council for a term determined by the council, or on a four-yearly basis ◦ certain ‘non-executive’ functions are reserved to council by the Local Authorities (Functions and Responsibilities) (England) Regulations 2000, SI 2000/2853. These can largely be delegated to committees and to officers ◦ under the provisions of the Local Government Act 2000,
PRACTICE NOTES
This Practice Note considers the legal, regulatory and practical issues arising on mega projects. It explains what constitutes a mega project, distinguishes a mega project from a Nationally Significant Infrastructure Project (NSIP) in England, a Significant Infrastructure Project (SIP) in Wales and a national development in Scotland. This Practice Note considers relevant government guidance, procurement strategy, governance, risk allocation, contractual structure and dispute management. It is intended for construction lawyers advising clients involved in the planning, procurement, delivery or oversight of mega projects. Mega projects occupy a distinct place within the construction and infrastructure landscape. They are not simply large projects, but projects of exceptional scale, complexity and strategic importance, typically involving long delivery periods, multiple contracting interfaces and significant public or political scrutiny. For construction lawyers, mega projects require a shift in approach. Familiar legal principles continue to apply, but the consequences of poor drafting, weak governance, unrealistic risk allocation or inadequate regulatory planning are magnified and may become systemic. In practice, mega projects are as much about procurement strategy, risk management and
GLOSSARY
A measurement of electronic information also referred to as Mb. 1 megabyte = 1,024 Kilobytes
GLOSSARY
a measurement of electronic information also referred to as Mb. 1 megabyte = 1,024 Kilobytes
GLOSSARY
A Million Hz (cycles per second). Example: 900 MHz = 900,000,000 or 900 x 106.
GLOSSARY
Equal to one million watts, the productive capacity of electrical generators operated by a utility company is often measured in megawatts.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 21 February 2020; it is no longer maintained. See further,timeline, commentary and related cases. Case facts Outline European Commission Article 101 TFEU investigation into whether agreements regarding hotel accommodation concluded between the largest European tour operators (Kuoni, REWE, Thomas Cook and TUI) and Meliá Hotels International S.A. contained clauses that unlawfully discriminated between customers, based on their nationality or country of residence (AT.40528). Latest development On 21 February 2020, the Commission issued its infringement decision against Meliá Hotels International S.A., imposing a fine of €6,678,000 for entering into contracts with tour operators that restricted active and passive sales for hotel accommodation. The fine included a 30% reduction for cooperation that Meliá Hotels International S.A. provided during the investigation.The Commission also decided, following an assessment of the evidence and the circumstances of the case, to close its investigations into the four tour operators. Parties Meliá Hotels International S.A. (Meliá): Meliá is a Spanish hotel chain.
GLOSSARY
A person who has been elected by the local government electors for that area to stand as their councillor.
NEWS
EU Law analysis: The Court of Justice (CJEU) held that domestic rules which precluded ordinary Member State courts from considering whether provisions of national law were compatible with the treaties and with the principle of the supremacy of EU law were in breach of EU law. Domestic law providing that a judge could be disciplined for applying EU law where the application of EU law meant that the judge was departing from case law of the constitutional court of a Member State was incompatible with the treaties and the principle of the supremacy of EU law. Written by Eleonor Duhs, partner, Bates Wells.
NEWS
The European Commission has announced that EU Member States have agreed on new ambitious targets for offshore renewable energy deployment. The non-binding agreements aim to install approximately 88 GW of capacity by 2030, increasing to around 360 GW by 2050. These targets, covering five EU sea basins, are designed to promote investment and foster a trans-European approach to offshore renewable energy development. The European Network of Transmission System Operators for Electricity will now update strategic integrated offshore network development plans based on these new objectives.
NEWS
The European Commission has published its final EU-wide assessment of the updated National Energy and Climate Plans (NECPs) (as due for final submission by 30 June 2024), finding that Member States have significantly increased their ambition measured against the draft plans submitted in 2023. Based on the updated plans, in terms of their pledges for action, Member States are collectively nearing the 2030 targets set under the European Climate Law. If and when these pledges are fully implemented, the existing and planned national measures, alongside EU policies, should reduce net greenhouse gas emissions by approximately 54% by 2030 compared to 1990 levels, just shy of the 55% target. The assessment shows notable progress (in terms of ambition) across sectors, particularly in renewable energy and energy efficiency, while highlighting remaining ambition gaps in sectors such as transport, buildings, and land use, land use change and forestry (LULUCF).
NEWS
Pensions analysis: The Pensions Ombudsman has upheld a complaint about an incorrect benefit statement. Martin Scott of gunnercooke LLP looks at the decision.