Issue 72

Governance: Ethical standards for public service providers

Employment: Salary sacrifice schemes; No increase to SMP for 2016-2017; Government guidance on recruitment and retention of transgender staff; Recalculation of holiday entitlement of part-time worker when hours increase

Charity: Charity Commission guidance on fundraising

Environmental: The application of the ESOS regime to HEIs – update

Procurement: Public procurement thresholds; CCS subcontracting guidance on PCR 2015; Procurement Reform (Scotland) Act 2014 (Commencement No.2) Order 2015

FAQ: Procurement: What are the ‘sustainable procurement’ obligations? Read Full Article…

Is it permissible under Directive 2004/18 to restrict a tenderer's use of sub-contractors?

On 17 November 2015, Advocate General Sharpston issued an opinion in a case which involved a tender specification with the stipulation that the successful tenderer was to perform at least 25 per cent of the works using its own resources. On this particular issue, the Advocate General stated:

‘I therefore conclude that Directive 2004/18 precludes a contracting authority from stipulating in the tender specifications of a public works contract that the successful tenderer is required to perform part of the works covered by that contract, specified in abstract terms as a percentage, using its own resources.’

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Extension of mandatory licensing of HMOs

On 6 November 2015, the Department for Communities and Local Government published a technical discussion document: Extending mandatory licensing of Houses in Multiple Occupation (HMOs) and related reforms. The document ‘sets out options for extending the scope of mandatory licensing of Houses of Multiple Occupation (HMO) … [and] proposals to streamline the HMO licensing process to reduce red tape.’

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HMRC travel and subsistence discussion paper

On 23 September 2015, HMRC published a discussion paper (‘the Paper’) setting out ‘the case for change to the current rules for tax relief on travel and subsistence’. The Paper is part of a wider review of employee expenses and remuneration which was launched as a result of the Office of Tax Simplification’s January 2014 report on the tax treatment of employee benefits and expenses: ‘Review of employee benefits and expenses: second report’.

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