Procurement: Time limit for claims and disclosure obligations

In Royal Cornwall Hospitals NHS Trust v Cornwall Council [2019] EWHC 2211 (TCC), the Technology and Construction Court (the ‘Court’) considered a claim brought by the incumbent provider, the Trust, under the Public Contracts Regulations 2015 (the ‘PCR’) against the Council. The Council published a contract notice in the Official Journal of the European Union inviting tenders for three separate contracts to provide sexual health services in Cornwall (‘the new contract’).  The contract notice and the tender documents provided that the new contract would be for seven years and would have a value of £2,500,000 per annum (‘financial cap’) with the exception of year one where an additional £100,000 was available for the implementation of a new digital platform. The Trust’s view was that the services to be provided under the new contract were materially the same as those it was providing under its current contract, and therefore could not be provided for less than about the £2.88m per annum that it spent in providing those services.  The Trust obtained the tender documents and claimed that it had undertaken a significant amount of work to determine whether it should submit a bid, however, it ultimately decided not to do so, and informed the Council accordingly.  Its reasons were that it could not satisfy the service specification within the financial cap Read Full Article…

Charity: Charity Commission updates guidance on exempt charities

The Charity Commission guidance on exempt charities (CC23) has been updated to include current details of principal regulators, and information related to regulations that have recently come into force. Exempt charities are institutions that have charitable status and must comply with general charity law, but unlike other charities they: cannot register with the Charity Commission (Commission) are not directly regulated by the Commission and instead have (or will have) a principal regulator, ie a body or authority responsible for regulating the charity under a specific legal framework may only be investigated by the Commission as part of a statutory inquiry at the request of their principal regulator The great majority of higher education institutions (HEIs) in England are ‘exempt charities’.  The principal regulator of exempt charity HEIs (and of charities that are their ‘connected institutions’) is the Office for Students (OFS).  A complete list of English HEIs that are regulated by the OFS as exempt charities is included in Annex B, OFS Regulatory advice 5: exempt charities.  All HEIs in Wales and the remaining HEIs in England are regulated directly by the Commission.  The charitable status and activities of Scottish HEIs are regulated by the Scottish Charity Regulator (OSCR). The updated Commission guidance reflects the amendments to Schedule 3 to the Charities Act 2011, introduced by the Higher Education and Read Full Article…