Government and Public Sector news, March 2025

Legal insights, news and events from DWF's Government and Public Sector team delivered monthly to your inbox.

DWF monthly insight:

Local government finance: Section 114 reports – cutting through the headlines: the financial position of local authorities across the UK is increasingly in the media spotlight and headlines will undoubtedly be causing concerns for their commercial partners, but should that be the case? In this article we take a look at section 114 of the Local Government Finance Act 1988 and the implications of a report being issued for both local authorities and parties contracting with them. View >

Defending and bringing proceedings under the Procurement Act 2023: the Procurement Act 2023 introduces transformative changes to UK public procurement. This article summarises key provisions, procedural updates, and their legal impact on authorities and operators. View >

The English Devolution White Paper: Labour aims to “drive change at every level” with radical package of reforms: the UK is one of the most centralised developed countries in the World with the vast majority of public funds and powers controlled by Whitehall. In this article, we discuss the Labour government plans to change the balance of power within England through a radical package of reforms outlined in the English Devolution White Paper which will be debated in Parliament in the coming months. View >

DWF welcomes UK Government's planning reforms to accelerate nuclear development: in this article, Chris White, DWF's UK Head of Nuclear, comments on the UK Government's announcement of major reforms aimed at accelerating nuclear power development across England and Wales. The changes simplify planning processes and promote the construction of Small Modular Reactors. View >

Local Authorities, Leisure Centres and VAT: The risks and rewards of the agency model: in this article, we discuss the agency model that is being adopted by local authorities to allow outsourced leisure centre operators to access the authorities' own VAT recovery position. View >

The Scottish Government launches consultation on local authority General Power of Competence: on 6 January 2025, the Scottish Government launched a public consultation on a local authority General Power of Competence. In this article we discuss the aims of the consultation and the differing approaches in the UK as to how powers are conferred. View >

Court of Appeal: Christian school worker’s dismissal following Facebook posts constituted unlawful discrimination: in the case of Kristie Higgs v Farmor's School the Court of Appeal has found the dismissal of a Christian school worker following Facebook posts on gender fluidity and same-sex marriage constituted unlawful discrimination on the grounds of religion or belief. In this article we discuss the facts, the key reasoning for the decision and provide a comment on the outcome. View >

Accountability in the civil service: New performance management framework focuses on value for money: in this article we discuss the UK Government’s introduction of a new performance management framework for senior civil servants, aiming to boost their performance, increase their productivity, and ensure that taxpayers' money is used effectively. View >

Legislation

Procurement (UK): Procurement Act 2023. View >

Other news

Cabinet Office: announces that the new public procurement regime under the Procurement Act 2023 is now in force. View >

Sector Events

Look out for details of our upcoming webinars and events:

Conducting a lawful evaluation in accordance with the Procurement Act 2023 – 11 March 2025

This webinar will provide early practical guidance on how to conduct a lawful evaluation of bids which satisfies the requirements of the 2023 Act.

Registration link >

Preparing Contracts that comply with the requirements of the Procurement Act 2023 – 18 March 2025

This webinar will set out the changes which you need to make to your standard form contracts arising from the 2023 Act. This webinar will explain how the 2023 Act requires specific amendment to termination, KPIs, variation / modification, amongst other provisions. It will provide practical guidance by reference to the drafting updates to the CCS Model Service, contracts and other template contracts.

Registration link >

Interpretation of Contracts and the need for Certainty – 19 March 2025

This webinar will provide an in-depth exploration of the key principles and approaches applied by the court when interpreting commercial contracts and is ideal for anybody involved in negotiating and drafting contracts as well as for in-house lawyers who may be called to advise on potential disputes.

Registration link >

Prosecutions Update: a review of Attorney Generals' Guidelines, Disclosure and the landscape post Horizon – 25 March 2025

This webinar will provide key tips for prosecuting authorities and those involved in bringing and taking criminal prosecutions on how to conduct prosecutions in the current regime post Horizon and deal with thorny issues such as disclosure to ensure successful results.

Registration link >

Subsidy Schemes – 27 March 2025

In this webinar, we will discuss how and when to create or make use of them and respective risks, including avoidance of CMA referrals.

Registration link >

In case you missed it:

The future of the UK's visa and immigration system

In this webinar, Roisin Patton and John Dorney discussed the future of compliance considerations for the UK’s visa and immigration system, right to work checks and the use of the visitor rules for business purposes.

Webinar Recording

Preparing Procurement Documents that comply with the Procurement Act 2023

This webinar provided practical guidance on the nuts and bolts of conducting a procurement in accordance with the 2023 Act. The webinar covered the content and triggers for the various procurement notices, set out the key requirements of the National Procurement Policy Statement, Statutory Guidance, Procurement Policy Notes, and the requirements of the Central Digital Platform.

Webinar Recording

Meet the team – James Lupton

James is a projects and infrastructure specialist with expertise in advising public and private sector organisations on procurement, major infrastructure projects and public law.

James is a senior projects and infrastructure lawyer, with over 25 years' experience in advising both public and private sector bodies on commercial arrangements, outsourcings, joint ventures, the procurement and delivery of major infrastructure projects and the legal issues that arise in concluding such transactions.

His extensive experience advising on a number of market leading infrastructure projects in waste, housing, schools, police, highways, health, pensions and the nuclear sector, focuses on delivering long term solutions which promote mutually beneficial relationships and commercial results.

Significant achievements include the procurement and completion of a number of complex waste PFI and PPP schemes. These include:

The £4bn Greater Manchester Waste Disposal Authority project and the £1.2bn Mersey Waste Disposal Authority project.
Leading the team advising Cleveland Police Authority on their innovative strategic partnership outsourcing the majority of back and middle office functions, capturing significant savings (approx. £50m).
Advising Sellafield on a number of complex and innovative decommissioning projects, advising on various complex highways joint ventures and outsourcings.
Advising on the negotiation and completion of the refinancing of various major projects.
Advising the National Park Authority on the procurement and completion of the Snowdonia Summit Cafe, the highest cafe in the UK.

He provides advice on a variety of complex commercial arrangements, outsourcing and joint ventures, as well as on significant infrastructure projects across the transport, housing, education, health and nuclear sectors.

James Lupton

Director, Commercial & Competition

Email me | +44 (0)7775 881218

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