Key points: the legal framework for procurement; contracts subject to the regime; procedures for the award of a contract; key stages in the procedure; challenging a decision and remedies; procurement groups in the HE sector; upcoming developments.
Summary: The legal framework; Key concepts; The public sector equality duty; HEIs as providers of education (including benefits, facilities or services); Enforcement and remedies; Upcoming developments
Key points:HEIs are increasingly involved in outsourcing whereby service provisions are transferred to external contractors; if certain conditions are met, TUPE will result in the transfer of staff involved in such services to the external contractor; as employers transferring staff, HEIs have obligations to employees as do the new employers to whom they are transferred under TUPE; as employers in such circumstances, HEIs would be jointly and severally liable for failing to inform and consult with the employees; failure to follow the provisions under TUPE is unlawful and may result in the imposition of penalties.
Key points: Consumer Credit Licence required by HEIs for tuition fee repayment plans of five or more instalments or payable outside 12 months, for debt counselling, and for the provision of loans; relevant category must be selected for Consumer Credit Licences; unlicensed activities unenforceable against the debtor (and an offence); validation of agreements may be available, but is not automatic; new provisions to transfer the responsibility for regulating the consumer credit market from the OFT to a new body.
Key points: the cost sharing exemption; general considerations; independent group of persons; exempt and/or non-business activity; directly necessary services; direct reimbursement of costs; distortion of competition; VAT groups; other relevant issues; practical conclusions; HE Shared Legal CSG.