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Essential online legal know-how

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PLC Public Sector team

PLC Public Sector team. Read more

PLC Public Sector provides essential online legal know-how for public sector lawyers. The service allows subscribers to deliver best value to their organisation through the use of continually maintained, high-quality documents and current awareness resources. Intuitive keyword searching across all materials gives the busy public sector lawyer the information they need at their fingertips. This ease of use combined with first-class legal resources allows public sector lawyers to concentrate internal expertise on the areas of greatest value to their organisation.

PLC Public Sector helps ensure that you:

  • Never miss an important development
  • Have access to a bank of up-to-date documents
  • Can confidently advise your organisation on the developments that matter
  • Deliver best value by focusing your time and skill where the greatest return lies

PLC Public Sector provides:

  • E-mail updates with analysis and commentary
    Never miss an important development. Filtered knowledge delivered by e-mail, focused on the needs of the busy practitioner.
  • A comprehensive bank of practice notes
    The law applied to situations you face daily. Containing clear and detailed explanations of law and practice, updated to reflect developments as they occur.
  • Standard documents, letters and drafting notes
    Documents you can trust. Continually maintained to reflect developments in law, allowing you to focus on drafting the document rather than updating it.
  • Flowcharts and checklists
    Ensure you have everything covered with quick reference guides to the law.
  • Opinion
    Regular opinion pieces on issues of interest to public sector lawyers from leading commentators, including DLA Piper (UK) LLP, Wragge & Co LLP and Field Fisher Waterhouse LLP.

About Practical Law Company

Practical Law Company (PLC) is the UK's leading provider of legal know-how, commentary and market intelligence for lawyers. PLC employs over 120 lawyers with significant experience to provide online professional support services covering a broad range of legal practice. These services support law firms, in-house legal departments, public sector organisations and other professional service organisations. We work closely with these organisations to provide innovative and practical solutions in know-how, technology and practice development. Over 3,400 organisations worldwide subscribe to PLC's services, including over 80% of the UK's 500 largest law firms and 90% of the FTSE 100.

" Subscribing to a website like PLC means we don't lose out from not having a practice support lawyer or several paralegals to manage our know-how. It allows our lawyers to deal quicker with legal matters, which allows us to do more with less. A lawyer who spends maybe half an hour reading through PLC and updating themselves doesn't have to spend 3 hours going down to the library and looking through the paper resources that may or may not themselves be up to date. "
Amy Auton Smith, Bristol County Council

Read more testimonials...

Topics

PLC Public Sector covers the following topic areas:

  • Public and Administrative law
    • Public sector powers
    • Human rights
    • Judicial review
    • Local government
  • Public procurement
    • Public procurement
    • Outsourcing
    • Information technology
  • Freedom of Information and Data Protection
    • Freedom of Information
    • Data Protection
  • Projects
    • PFI/PPP
    • ICT
    • Construction
  • Education and social services
    • Children's services
    • Education
    • Mental capacity
  • Commercial
    • Sale and supply of goods
    • General commercial
    • Intellectual property rights
    • Confidentiality
    • E-commerce
    • Consumer protection and trading standards
    • Joint Ventures
    • Competition
  • Dispute Resolution
    • Adult social care
    • Child protection
    • Education
    • Housing
  • Environment
  • Employment
  • Pensions
  • Property
  • Planning

" I use PLC's know how and resources for public sector lawyers on a daily basis. The fact that PLC employs experienced practitioners to continually maintain and update know-how materials means we can have confidence that the resources used are not outdated and that the relevant commercial issues are being addressed."
Eve Mackie, Solicitor, Procurement & Contracts, West Sussex County Council

Read more testimonials...

Who we are

Sophie Cameron worked as an editor for a magazine publisher before training as a solicitor at Freshfields Bruckhaus Deringer in London. She qualified into the litigation department in 2000 following a secondment to the in-house legal department at Reuters. In 2001 she moved to the employment department of Bates, Wells & Braithwaite, where she specialised in contentious and advisory employment work for individuals and charities and regularly appeared in the employment tribunal. Since June 2005, Sophie has been a part-time Visiting Research Fellow at the Fawcett Society, where she co-authored a report on the reform of gender equality legislation, Gender Equality in the 21st Century: modernising the legislation. Sophie joined PLC Employment in 2004 as an Editor and moved to PLC Public Sector to launch the new service in 2008. Sophie is Head of PLC Public Sector.

Chris Knuckey trained at Cobbetts, and worked in their commercial department advising on public procurement and general commercial matters. From 2004 to 2006 he was a solicitor at Clarkslegal advising on public procurement, including in respect of PFI/PPP schemes undertaken by local authorities. From there, Chris joined the Treasury Solicitor's Department, advising across various Government departments on procurement law and associated commercial issues including undertaking a secondment to the prison service, before joining PLC Public Sector in 2008. Chris works on procurement, commercial law and freedom of information content for PLC Public Sector.

Kirsten Maslen trained at Nabarro Nathanson (now Nabarro) and qualified in January 2005. She then moved to West Sussex County Council where she advised on education and information law. Kirsten continues to work at West Sussex and now specialises in procurement, advising on all aspects of the tendering process and drafting and negotiating contracts from low value agreements to major projects. She has a particular interest in outsourcing and employee transfers. Kirsten joined PLC Public Sector in 2009 and is working on education, local government and commercial content.

Jane West worked as a solicitor for the London Borough Council of Haringey for three years advising on education and employment law, before joining Mayer Brown Rowe & Maw, where she gained substantial experience of public and administrative law and civil litigation, in particular judicial review proceedings. Jane joined PLC Public Sector in 2008 from Beachcroft where she had been advising public sector bodies on public and administrative law matters, including statutory powers. Jane works on our public, administrative and governance law content.

Belinda Schwehr trained as a barrister and practised for four years before moving to academia to teach public law. Belinda returned to legal practice in 1997, joining the Public Law Group at Rowe & Maw, re-qualifying as a solicitor and gaining rights of advocacy in the High Court. Belinda has specialised in adult social services, health care and human rights law for 12 years. Belinda runs a legal and training consultancy, Care and Health Law and regularly trains social workers and lawyers on the legal framework underpinning health and social care as well as speaking at conferences throughout the United Kingdom. Belinda was grant-funded by the Department of Health to produce awareness-raising materials about the Mental Capacity Act 2005. In 2008 Belinda worked with over 50 health and care bodies, providing topical legal training updates regarding the full range of policy, practice and performance issues. She has also advised the Local and Central Government Ombudsmen, ADASS, National Association of Finance Officers, and many charitable and private sector care home providers, domiciliary care and support providers, PCTs, users and carers. Belinda joined PLC Public Sector as a consultant editor in 2009 and will be contributing to the development of adult social care and health resources.

Fiona Gardiner has worked in the legal department of West Sussex County Council for over 10 years on employment, education and enforcement matters and is currently Senior Solicitor and Team Leader for People Services, managing a team of solicitors and legal executives. Fiona regularly appears in the Employment Tribunal, the Magistrates’ Court as Prosecutor for the County Council, the Family Proceedings Court and the Special Educational Needs and Disciplinary Tribunal. Fiona also advises on school admissions appeals and exclusions appeals as well as regularly advising schools and governing bodies on a wide range of legal issues. Fiona also advises and appears on behalf of West Sussex Trading Standards Service and West Sussex Fire and Rescue Service in criminal proceedings. Fiona joined PLC Public Sector as a consultant editor in 2009 and is working on education materials.

Carl Gardner was called to the Bar in 1993 and spent twelve years as a government lawyer specialising in EU law and human rights. He advised ministers and officials in many departments across a range of policy areas from tax to terrorism, from pensions to discrimination and from broadcasting to health. He worked on major bills, on EU legislation and on litigation in the UK and Europe. Carl advised on the drafting of the European Constitution and represented the UK in negotiations, before moving to work with Lord Goldsmith at the Attorney General's Office. Carl now teaches at the National School of Government and is a member of Nominet's dispute resolution panel. Carl writes the law blog Head of Legal. Carl is a consultant editor to PLC Public Sector and works on human rights and central government resources.

Daniel Greenberg was called to the Bar in 1987 and after pupillage joined the Lord Chancellor's Department as a legal adviser. In 1991 he joined the Office of the Parliamentary Counsel, a group of civil servants in the Cabinet Office who draft all government Acts of Parliament and advise on Parliamentary procedure and aspects of constitutional law. As Parliamentary Counsel he has drafted in most areas of the law, including tax, insolvency, crime, tort, land law, employment law, constitutional law and regulatory law. He is the editor of Craies on Legislation and Stroud's Judicial Dictionary, and the General Editor of the third edition of Jowitt's Dictionary of English Law, which is planned for publication in 2010. He continues to serve as Parliamentary Counsel (part-time), and joined PLC, in a wholly private capacity, as a consultant editor in 2008, working on statutory construction and interpretation.

Caroline Cox trained at Freshfields Bruckhaus Deringer and joined their real estate department in September 2001. She spent seven years thereafter qualification advising both private and public sector clients on a variety of property and planning transactions. Prior to training as a solicitor Caroline worked in both the private and public sectors as a town planner. Caroline spent six years as a development control officer in the planning department of a borough council dealing with major planning applications and appearing as the Council’s expert witness at a number of planning public inquiries. She is a member of the Royal Town Planning Institute. Caroline joined PLC in December 2008 and works on our planning content.

Cally Foster studied law at King’s College London, graduating in 2005. She went on to undertake the Bar Vocational Course at the Inns of Court School of Law. She was called to the Bar in 2006. Cally is currently a Junior Editor for PLC Public Sector.

PLC professional support team

In addition to the PLC Public Sector team, subscribers to PLC Public Sector have access to content produced by other PLC web services, written by our wider professional support team which comprises over 120 experienced lawyers covering a wide range of practice areas: see PLC Professional support team (www.practicallaw.com/4-103-0546). PLC editors have experience in many leading law firms and the commercial sectors as well as in the public sector at the Government Legal Service; The Treasury Solicitor's Department; the Law Commission; the Office of Fair Trading; the Takeover Panel; DEFRA; the European Commission; the Financial Services Authority; the Pensions Regulator; HMRC; and at various local authorities. A number of PLC editors act as public sector champions: assisting with identifying and drafting suitable content for lawyers in the public sector within their areas of practice.

PLC Public Sector champions

Liz Parkinson joined Norton Rose upon qualification in 1988. She later worked at Slaughter and May and then Simmons & Simmons in the commercial property departments. More recently she was a partner in the West End firm of Collins Benson Goldhill. Before joining PLC Property in 2004, Liz obtained a distinction in a masters degree in European Real Estate at Kingston University.

Liz has an interest in social housing and has been a member of the board of Shepherd's Bush Housing Association for the last four years. Liz is the PLC Public Sector champion for property law.

Peter Harvey qualified at Burges Salmon in 1993 and since then has been involved in environmental law, particularly litigation in both the civil and criminal courts. He joins from Veale Wasbrough, where he led the environment and regulatory team. Peter has extensive experience advising on environmental issues for commercial, public sector and institutional clients (including FTSE100 companies, local authorities, government departments and agencies). Peter has a masters in environmental law and before qualifying as a lawyer he worked for a local authority planning department, specialising in rights of way and nature reserves. Peter joined PLC Environment in June 2007. Peter is the PLC Public Sector champion for environment law.

Anna Taylor joined PLC from Fried Frank where she specialised in advising employers on both pensions and employment matters. Anna qualified at Taylor Joynson Garrett (now Taylor Wessing) in 2001 and subsequently joined the Pensions and Employment Department at Slaughter and May where she practised for four years, advising on a wide range of pensions and employment issues and, in particular, the relevant issues arising in corporate transactions. Anna is a member of the Association of Pension Lawyers. Anna has experience of advising on the pensions implications of taking a transfer of employees from the public sector. Anna is the PLC Public Sector champion for pensions law.

Helen Hart joined PLC in 2008 from Stevens & Bolton, where she was a senior associate in the corporate and commercial department. She trained at Allen & Overy in London and Frankfurt and qualified in 1998. Between 1999 and 2005 she worked as in-house counsel for Centrica plc and then Palm Europe Limited. She is a member of the Society of Authors and the Society of Women Writers and Journalists and has an LLM in German law. Helen is the PLC Public Sector champion for commercial law.

Lucy Harrison, head of the competition service, qualified into the competition group of McKenna & Co and after a spell in the Government Legal Service returned to work as an EC and competition lawyer at Cameron Mckenna. Prior to joining PLC in 2002 she worked at Linklaters for three years, specialising in EC and UK competition law, merger control and public procurement. Lucy is the PLC Public Sector champion for competition law.

Claire Templeton trained at Hobson Audley (now Faegre & Benson) and qualified into the dispute resolution department in 1998. Following secondments to one of its US offices and Viacom (UK) Limited, she joined the employment department of Norton Rose, dealing with predominantly non-contentious and advisory work for employers. She then returned to Faegre & Benson, where she gained wide experience of advising clients on international employment issues. Claire is the PLC Public Sector champion for employment law.

Michelle Rousell trained at Cameron Markby Hewitt (now CMS Cameron McKenna) and then spent five years at Nabarro Nathanson (now Nabarro) before joining the construction and engineering team at Lewis Silkin in September 2000. She specialised in all aspects of construction and engineering disputes and worked for a wide range of clients - employers, contractors, specialist subcontractors and their insurers, registered social landlords and public bodies. She is a member of the Society of Construction Law and joined PLC Construction in February 2008. Michelle is the PLC Public Sector champion for construction law.

Pia-Cody Styles qualified in 1999, having trained at Travers Smith. She has dealt with a broad range of disputes including claims in the Commercial Court and has taken a number of cases to trial. She joined PLC Dispute Resolution from Travers Smith in April 2006. Pia is the PLC Public Sector champion for civil litigation.

Susan Hollingdale trained at Beachcroft. On completing her training she joined Norton Rose, where she practised as a corporate/commercial lawyer before joining the Unisys in-house team. Since 1997 she has worked as a professional support lawyer with Bird & Bird and Olswang and most recently she worked in the company and commercial department of BP Collins as both a commercial lawyer and professional support lawyer. Susan joined PLC in 2005 and is joint head of PLC Corporate. Susan is the PLC Public Sector champion for corporate law.

Sui Lee worked as an associate at Wragge & Co, specialising in property tax, acting for a varied portfolio of clients. Sui started her tax career at Coopers and Lybrand (now PricewaterhouseCoopers) in their international corporate tax department. After several years she left to qualify as a solicitor at Linklaters. Sui subsequently joined Laytons Solicitors, where she advised on a diverse range of corporate and other taxes. She is a member of the Association of Taxation Technicians, the Association of Women In Property and the Stamp Taxes Practitioners Group. Sui has previously advised local authorities on indirect taxes in connection with property development. Sui joined PLC Tax in 2007 and is the PLC Public Sector champion for tax law.

Stephen Aldred trained at Herbert Smith and worked in their IP department for two years after qualifying. He moved to Clifford Turner (which merged to become Clifford Chance), where he was a partner for eight years, specialising in IP law. He was subsequently a partner with Masons and Arnander Irvine and Zeitman, where he specialised in IP and IT law. Stephen is the PLC Public Sector champion for IP, IT and data protection law.

Testimonials

" Subscribing to a website like PLC means we don't lose out from not having a practice support lawyer or several paralegals to manage our know-how. It allows our lawyers to deal quicker with legal matters, which allows us to do more with less. A lawyer who spends maybe half an hour reading through PLC and updating themselves doesn't have to spend 3 hours going down to the library and looking through the paper resources that may or may not themselves be up to date. "
Amy Auton Smith, Bristol County Council

" I use PLC's know how and resources for public sector lawyers on a daily basis. The fact that PLC employs experienced practitioners to continually maintain and update know-how materials means we can have confidence that the resources used are not outdated and that the relevant commercial issues are being addressed."
Eve Mackie, Solicitor, Procurement & Contracts, West Sussex County Council

" Our Property and Contracts team is finding PLC Public Sector an invaluable source of up-to-date information. We have been impressed by the range of precedents available, and by the helpfulness of the guidance. The legal awareness service allows us to keep on top of developments and to alert our Council colleagues to issues that affect them. PLC Public Sector allows us to work more efficiently and productively."
Simon Pugh, Head of Legal Services, Cambridge City Council

"Peterborough City Council signed up to Practical Law Company's CRC Survival Kit in March 2010. We have found the wealth of information available really useful. It is great to have a set of robust, easy-to-follow guidance documents online that we can refer to as and when we come to make key CRC related decisions. For example, the CRC webcast has been an excellent way to get to grips with the scheme. The actions we are taking to prepare for the CRC are now gathering pace. Knowing that we have an easy to use library of resources to tap into gives us some of the confidence we need to embark upon this new and challenging scheme."
Ms Charlotte Palmer, Team Manager, Peterborough City Council

Case study

Brentwood District Council

"In three words, I’d describe PLC Public Sector as Knowledgeable; Efficient; Professional.

I was first to grasp the nettle and used PLC Public Sector to draft new terms and conditions for a contractual situation when a colleague was unable to do so. I was slightly placed in the deep end and was amazed at the depth of the information available. I remember being particularly happy to see actual drafts of the type of contracts that I needed. These came in Word, ready to use after a few checks, amendments and tweaks. This saved me an awful lot of time, but also informed me along the way.

I use PLC Public Sector as one of my first places to organise information on a subject. A Wikipedia of Law if you will. It’s like a “First - tell me everything I want to know about this subject and then break it down into more sub-sections relevant to my enquiry”. We probably use the legal updates and practical notes the most. What I like about PLC Public Sector is that it’s informed; well written; all encompassing, with generic subjects yet specific within that subject. Simple without dumbing down!

PLC Public Sector’s professional support team acknowledge enquiries and try their best to provide me with an answer. I had one example where PLC could not assist me with an enquiry into “bounced cheques”. However, they investigated this and provided me with some links to where I might make more investigations. I was impressed that it didn’t stop at “No!”. Employing experienced practitioners to continually maintain and update know-how materials means that the PLC Public Sector professional support team know what we want as it’s what they would want from others. They clearly know their subject and go that extra mile to provide it.

PLC Public Sector has had the most impact in our contract related work. In 2002, I had four colleagues and now I have one. We are short staffed due to re-structuring and re-organisation and have a shortage of knowledge relating to contracts. PLC Public Sector has lots of information relating to Supply of Services contracts and I am able to use the drafts and related information to assist me with client delivery of urgently required contracts for commercial waste services. It has enabled me to focus on the areas of work that used to be dealt with by colleagues. By producing the information in the one place, I am able to build up a certain amount of expertise in a short time. This effectively means that I do not have to consider outsourcing certain client work due to staff shortages or lack of legal knowledge. I know that I have the ability to seek information on a subject and know that most if not all information relating to it can be found and collated in the one place.

We realise efficiencies by using PLC Public Sector’s forms & precedents, giving us time to look up information including background information and related topics. PLC means time, accuracy and trust that the information is relevant and up to date. By achieving these efficiencies, PLC has allowed us to reduce the time taken to investigate legal issues and matters."
Kevin Ebbs, Brentwood District Council

Sample material

A free trial to PLC Public Sector includes practice notes, continually maintained standard documents and clauses with drafting notes, checklists and much more - all written by our experienced team of public sector lawyers who know what life on the front line is like. Register now for a free, two-week trial. Simply complete the form opposite.

Click on the crosses below to expand the relevant section and read the article.

Standard document, Grant agreement

Grant agreement

A grant agreement for use by public sector bodies funding projects undertaken by public, private or third sector organisations.

Tom Pratt, Bates Wells and Braithwaite LLP and PLC Public Sector
Contents
Hide Note: Grants and public procurementNote: Grants and public procurement
Grants and public procurement
Grants and public procurement

The question as to whether grant payments made by the public sector are subject to the procurement rules can be problematic. Under a grant agreement, the funder makes a payment to the recipient for a specific purpose. The recipient is not obliged to deliver any goods or services to the funder, although the funder may claw back grant which has not been spent or is misapplied. However, it can be difficult to determine whether the recipient is obliged to provide anything in exchange for its funding and therefore whether the arrangement is contractual. This is particularly true in the public sector where the aims of, for example a local authority social services department or an NHS trust, and the third sector organisations providing support to their service users often overlap and the same third sector organisations may receive both grant funding and payment through a contract in connection with the provision of similar services.

Government policy has been moving more towards contractual relationships, perhaps partly as a result of the acknowledged need for more transparency in government spending, as well as the increase in legal challenges brought under the procurement rules.

The public procurement rules apply whenever a contracting authority buys goods, services and works. Different regimes apply depending on the value and type of contract. However, the basic principles of transparency and fairness apply to all public sector contracting. In essence this means that public bodies must advertise all tenders and treat all bidders equally. For more information on the public procurement rules, see Quick guide, Public procurement in the UK (www.practicallaw.com/9-386-0686) and Practice note, Part B, below threshold and other procurements outside the regulations (www.practicallaw.com/6-384-1798).

If the grant is found to be a contract which was let in breach of the Public Contracts Regulations 2006, it risks being declared ineffective. For more information, see Practice note, Remedies Directive: the new regime (www.practicallaw.com/0-500-9991). It is also likely to be subject to VAT.

For more information about issues arising from the public and third sectors working together, see Practice note, Partnership working between the public sector and the third sector (www.practicallaw.com/5-502-5700).

Grants and state aid

Public bodies must also ensure their arrangement with the grant recipient does not offend the rules against state aids which prohibit public bodies from favouring certain undertakings and distorting competition. The rules apply to...

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Practice note, Partnership working between the public sector and the third sector

Partnership working between the public sector and the third sector

This note considers the issues a public body may encounter when contracting with or setting up a third sector organisation.

Sarah Cannings, Bates Wells & Braithwaite LLP and PLC Public Sector
Contents

It is becoming increasingly common for third sector organisations to deliver public services on behalf of statutory bodies. This note explores the key issues for statutory bodies entering into relationships with third sector organisations.

 

The Compact

The Compact was originally established in 1998 and is an agreement that sets out the shared principles and guidelines for effective partnership working between central government and the third sector in England (for more information on the relationship between local government and the third sector, see Local Compacts). There are separate arrangements for Wales, Scotland and Northern Ireland. The Compact recognises shared values, principles and commitments and sets out guidelines for how both parties should work together.

Although the Compact is not legally binding and is built on trust and mutual goodwill, its authority is derived from its endorsement by government and by the voluntary and community sector through its consultation process. In Compact negotiations, the third sector has been represented by the Compact Voice, a representative body for the interests of the third sector in all matters related to the Compact. The Compact Voice has over 2000 members from across the sector and its board is made up of members of front-line charities and umbrella organisations.

In his "Big Society" launch speech on 18 May 2010, Prime Minister David Cameron gave his support to the Compact. He pledged that the government would "refresh and renew" the agreement.

 

Refreshed Compact

A refreshed national Compact was published in December 2009. As well as retaining all the key points of the 1998 original, this agreement takes into account...

Practice note, Social enterprises (legal structures)

Social enterprises (legal structures)

A memorandum of understanding for use by two or more public authorities wishing to jointly deliver a project or share services.

PLC Public Sector, based on a draft provided by Lisa Harley, DLA Piper UK LLP
Contents

This agreement is dated [DATE]

PARTIES

The parties to this memorandum of understanding (MoU). are:

(1) [NAME OF DEPARTMENT/LOCAL AUTHORITY/PUBLIC BODY] of [ADDRESS](Authority One).
(2) [NAME OF DEPARTMENT/LOCAL AUTHORITY/PUBLIC BODY] of [ADDRESS](Authority Two).
Hide Note: PartiesNote: Parties
Parties:

Authority One and Authority Two should be substituted throughout this document with the name of the relevant Government department/public body/local authority. In the event that more than two public authorities are taking part in the project additional parties can be added.

 

1. BACKGROUND

1.1 Authority One and Authority Two have agreed to work together on the project detailed in Annex 1 to this MoU (Project).

1.2 The parties wish to record the basis on which they will collaborate with each other on the Project. This MoU sets out:

(a) the key objectives of the Project;

(b) the principles of collaboration;

(c) the governance structures the parties will put in place; and

(d) the respective roles and responsibilities the parties will have during the Project.

Hide Note: When to use this MoUNote: When to use this MoU
1.2 When to use this MoU
When to use this MoU

This MoU should be used where public authorities wish to work together to develop and deliver a project jointly. It governs the relationship of the authorities and what roles they will undertake to deliver the project. It is also suitable for detailing the roles that two or more authorities may take in a joint procurement exercise or in scoping and implementing a shared service project. However, it would not be appropriate as the operative document for a significant shared services relationship between two public bodies.

This MoU would also need adapting for circumstances in which one party is delivering a service or carrying out a function (e.g. commissioning a service from a third party) on behalf of the other party.

 

2. KEY OBJECTIVES FOR THE PROJECT

2.1 The parties shall undertake the Project to achieve the key objectives set out in Annex 1 to this MoU (Key Objectives).

2.2 The parties acknowledge that the current position with regard to the Project and the contributions already made (financial and otherwise) are as detailed in the Annex 1 to this MoU.

Hide Note: Key objectives for the projectNote: Key objectives for the project
Key objectives for the project
Key objectives for the project

The objectives should be as clear as possible. In the event that it is not possible at the outset of the project to fully scope the key objectives, then a procedure for further objectives to be agreed within a specified time frame could be included. If this approach is taken it should be clearly stated who will be authorised to sign the new objectives off.

 

3. PRINCIPLES OF COLLABORATION

The parties agree to adopt the following principles when carrying out the Project (Principles):

(a) collaborate and co-operate. Establish and adhere to the governance structure set out in this MoU to ensure that activities are delivered and actions taken as required;

(b) be accountable. Take on, manage and account to each other for performance of the respective roles and responsibilities set out in this MoU;

(c) be open. Communicate openly about...

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Standard document, Memorandum of understanding for joint working by public bodies

Memorandum of understanding for joint working by public bodies

A memorandum of understanding for use by two or more public authorities wishing to jointly deliver a project or share services.

PLC Public Sector, based on a draft provided by Lisa Harley, DLA Piper UK LLP
Contents

This agreement is dated [DATE]

PARTIES

The parties to this memorandum of understanding (MoU). are:

(1) [NAME OF DEPARTMENT/LOCAL AUTHORITY/PUBLIC BODY] of [ADDRESS](Authority One).
(2) [NAME OF DEPARTMENT/LOCAL AUTHORITY/PUBLIC BODY] of [ADDRESS](Authority Two).
Hide Note: PartiesNote: Parties
Parties:

Authority One and Authority Two should be substituted throughout this document with the name of the relevant Government department/public body/local authority. In the event that more than two public authorities are taking part in the project additional parties can be added.

 

1. BACKGROUND

1.1 Authority One and Authority Two have agreed to work together on the project detailed in Annex 1 to this MoU (Project).

1.2 The parties wish to record the basis on which they will collaborate with each other on the Project. This MoU sets out:

(a) the key objectives of the Project;

(b) the principles of collaboration;

(c) the governance structures the parties will put in place; and

(d) the respective roles and responsibilities the parties will have during the Project.

Hide Note: When to use this MoUNote: When to use this MoU
1.2 When to use this MoU
When to use this MoU

This MoU should be used where public authorities wish to work together to develop and deliver a project jointly. It governs the relationship of the authorities and what roles they will undertake to deliver the project. It is also suitable for detailing the roles that two or more authorities may take in a joint procurement exercise or in scoping and implementing a shared service project. However, it would not be appropriate as the operative document for a significant shared services relationship between two public bodies.

This MoU would also need adapting for circumstances in which one party is delivering a service or carrying out a function (e.g. commissioning a service from a third party) on behalf of the other party.

 

2. KEY OBJECTIVES FOR THE PROJECT

2.1 The parties shall undertake the Project to achieve the key objectives set out in Annex 1 to this MoU (Key Objectives).

2.2 The parties acknowledge that the current position with regard to the Project and the contributions already made (financial and otherwise) are as detailed in the Annex 1 to this MoU.

Hide Note: Key objectives for the projectNote: Key objectives for the project
Key objectives for the project
Key objectives for the project

The objectives should be as clear as possible. In the event that it is not possible at the outset of the project to fully scope the key objectives, then a procedure for further objectives to be agreed within a specified time frame could be included. If this approach is taken it should be clearly stated who will be authorised to sign the new objectives off.

 

3. PRINCIPLES OF COLLABORATION

The parties agree to adopt the following principles when carrying out the Project (Principles):

(a) collaborate and co-operate. Establish and adhere to the governance structure set out in this MoU to ensure that activities are delivered and actions taken as required;

(b) be accountable. Take on, manage and account to each other for performance of the respective roles and responsibilities set out in this MoU;

(c) be open. Communicate openly about...

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Standard document, Services agreement for use by public sector bodies

Services agreement for use by public sector bodies

An agreement for use by public sector authorities for the purchase of services. The agreement can be used for a variety of services including those involving a transfer of staff and use of the public body’s assets. It includes the standard public sector boilerplate provisions.

PLC Public Sector
Contents
Hide Note: General document notesNote: General document notes
General document notes
General document notes

The agreement has been drafted for use by public authorities in a wide range of situations. Accordingly, in some circumstances, not all of the provisions will be appropriate and the Authority may wish to remove them. Conversely, in other circumstances, the agreement may need to be supplemented. For example:

Some of the clauses included in this agreement are based on clauses in existing standard documents published by PLC, including:

Legal issues

Any contract for services awarded by a public authority will have to comply with the public procurement regime. Public procurement is the purchase of goods, works or services by government and other public bodies. In order to ensure the free movement of goods and services, the EU issued a series of public procurement directives to provide that:

  • Contracts are awarded fairly and without discrimination on the grounds of nationality.

  • All potential bidders are treated equally.

  • Suppliers of goods and services have the right to take action against public bodies, if contracts are not advertised or awarded on an open and fair basis.

For more information on which contracts will be subject to the public procurement regime, see Quick guide, Public procurement in the UK (www.practicallaw.com/9-386-0686). Even if a contract is not subject to the full public procurement regime, there will still be certain requirements about how the contract is awarded. For more information, see Practice note, Part B, below threshold and other procurements outside the regulations (www.practicallaw.com/6-384-1798).

In the event that a contract is awarded in a way that does not comply with these requirements, the public authority awarding the contract may face legal action which could result in:

  • Having to pay damages.

  • Being prevented from awarding a contract.

  • If a contract has already been awarded, having that contract declared void.

For more information, see Practice note, Remedies Directive: the new regime (www.practicallaw.com/0-500-9991).

Negotiating and drafting issues

As is stated above, all contracts awarded by public authorities will need to comply with the public procurement regime. If the full public procurement regime applies, one of four award procedures will need to be used (for more information, see Practice note, Public procurement in the UK: Procedures (www.practicallaw.com/5-383-9734)). If the open or restricted procedure is chosen, there will be no opportunity for any negotiation of the contract. If the competitive dialogue procedure is used, then during the dialogue phase the Authority will be able to discuss and revise the contract terms; however, once the dialogue phase has concluded, there must be no further negotiation, only clarification. For more information, see Practice note, Public procurement in the UK: Evaluating bids and award stage (all procedures) (www.practicallaw.com/5-383-9734).

Where the open or restricted procedures are being used, the Authority will need to include a copy of the proposed contract with the tender documentation. Where the competitive dialogue procedure is being used, there is some scope to introduce a draft contract at a later stage of the procurement process, but it should still be issued as soon as possible.

 

This agreement is dated [DATE]

PARTIES

(1) [NAME OF PUBLIC AUTHORITY] of [ADDRESS] (Authority).
(2) [FULL COMPANY NAME] incorporated and registered in England and Wales with company number [NUMBER] whose registered office is at [REGISTERED OFFICE ADDRESS] (Service Provider).

BACKGROUND

(A) [The Authority sought proposals for the provision of [INSERT OUTLINE OF SERVICES] by means of a public tender exercise.] [The Authority placed a contract notice [REFERENCE] on [DATE] in the Official Journal of the European Union seeking expressions of interest from potential providers for the provision of [INSERT OUTLINE OF SERVICES].]

(B) The Authority has, through a competitive process, selected the Service Provider to provide these services and the Service Provider is willing and able to provide the services in accordance with the terms and conditions of this agreement.

AGREED TERMS

1. DEFINITIONS AND INTERPRETATION

1.1 The definitions and rules of interpretation in this clause apply in this agreement.

Achieved Service Levels: in respect of any Service in any measurement period, the standard of performance actually achieved by the Service Provider in the provision of that Service in the measurement period in question (calculated and expressed in the same way as the Service Level for that Service is calculated and expressed in Schedule 2).
Associated Company: any holding company from time to time of the Service Provider and any subsidiary from time to time of the Service Provider, or any subsidiary of any such holding company.
Authorised Representatives: the persons respectively designated as such by...

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Standard clause, Contract sharing by public sector bodies

Public sector boilerplate: clause enabling contracting authorities to use contract procured by another public body

A "contract sharing" clause for inclusion in public sector contracts allowing other public bodies to make purchases from the supplier on the terms set out in the contract.

PLC Public Sector

RIGHT OF OTHER BODIES TO PARTICIPATE

1. EXTENSION OF AGREEMENT TO RELEVANT PUBLIC BODIES

1.1 The Parties agree and acknowledge that the Authority enters into this agreement for itself and on behalf of other public bodies which are Contracting Authorities within the meaning of the Public Contracts Regulations 2006 and [which exist or are established or otherwise exercise some or all of their statutory functions within [REGION] OR which belong as at the date of this agreement to the [ORGANISATION, FOR EXAMPLE A CENTRE OF EXCELLENCE OR BUYING CONSORTIUM] OR [OTHER]] (for the purposes of...

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PLC Public Sector will be publishing the following materials on partnership working and shared services:

  • Practice note, Local authority companies and corporate joint ventures.
  • Practice note, An introduction to shared services.
  • Practice note, Shared services delivery structures.
  • Practice note, Key legal issues in shared services projects.