Local Authority Matters – October 2020


28th October 2020

As the COVID-19 pandemic continues to have significant adverse effects on individuals, businesses and public bodies, the UK Government is reviewing and revising its measures aimed at mitigating the financial impact of the crisis on UK businesses, as we now find ourselves adhering to a three-tier system with local and national restrictions.

Most recently we have seen the Chancellor announce further generous changes to the Job Support Scheme which is introduced from 1 November.

Since the start of the pandemic Blake Morgan’s team of specialists have been advising local authorities on how to manage their leisure facilities contracts with external leisure operators and developed a post lockdown roadmap to business recovery to support authorities and operators at this difficult time. We are also assisting clients drafting their relief and variation deeds with operators, alongside advising on procurement regulations for modifications and State aid.

For this edition of Local Authority Matters, we take a look at a recent judgment whereby a contracting authority’s discretion to exclude several bidders in a rail franchise procurement was proved to be lawful and what the new Job Support Scheme means and how it will work.

As we edge closer to the end of the transition period on 31 December, we highlight why now is the time for organisations to consider what steps they might need to take to comply with the new UK GDPR regime as a result of leaving the EU, to avoid the potential risk, liability and reputational impact of non-compliance.

Finally, we look at the new Health and Care visa for certain overseas Healthcare Professionals who want to work in the UK, and the Government’s response to the consultation on public sector exit payments.

You can keep up to date with our latest articles and blogs on legal issues arising during this pandemic by going to the dedicated COVID-19 insights section, which is updated on a daily basis.

I hope you will find all the articles below informative and helpful, and if you would like any further information please do not hesitate to get in touch with Penny Rinta-Suksi or your usual Blake Morgan contact.

Discretion to exclude bidders lawful

The exercise of a contracting authority’s discretion to exclude several bidders in a rail franchise procurement was proved to be lawful. We take a look at the recent judgment.

Read more on our analysis of a case.

New Job Support Retention Scheme for Employers – What does it mean and how will it work?

On Thursday 24 September the Chancellor of the Exchequer Rishi Sunak announced a new Job Support Scheme as part of a package of measures to support employment when the furlough (Coronavirus Job Retention Scheme – “CJRS”) comes to an end at the end of October.

Read more on the Job Support Scheme.

Managing personal data laws after 31 December

As a result of the UK leaving the EU, the laws in the UK to manage personal data will change at the end of the transition period (31 December 2020) for all organisations, although the extent of the changes will depend on the current data arrangements.

Read more about data transfers.

Data Protection and Brexit: Plan for the worst – hope for the best

With so much uncertainty around the likelihood and possible content of the UK-EU trade negotiations, and the economic impact from the pandemic, it’s understandable that preparing data protection strategies might not have been top of your activities.

Read more about data protection strategies.

Health and care visa launched

The Government has launched a new fast track Health and Care visa for certain overseas Healthcare Professionals who want to work in the UK. It sits within the normal Tier 2 work visa route.

Read more about the Health and Care visa.

Public Sector Exit payments – Government response to the consultation

The Government first consulted on a cap to exit payments in the public sector in August 2015, having revealed that public sector exit payments between 2011 and 2014 had cost around £6.5 billion and that 2,000 of these payments in 2013-14 alone totalled more than £100,000.

Read more about Public Sector Exit payments.

Clarification about our future relationship with the EU is still required.

Our Brexit Virtual Conference on 24-26 November will give you clear guidance.

Sign up here