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In this issue: Public procurement Healthcare Social housing Education Governance Children's social care Social care Planning Daily and weekly news alerts New and updated content Latest Q&A Public procurement TCC considers permission for late re-amendments to statement of case in emergency network contract dispute (Airwave v Secretary of State) The case of Airwave v Secretary of State concerned a late bid to re‑amend an Amended Defence. The court declined permission for changes that were predominantly historic and bore no direct bearing on the defendants’ position. By contrast, it allowed re‑amendments with a genuine prospect of success, on condition that the defendants reformulated them as a crisp, self‑contained summary of the specific allegation. The court also emphasised that sweeping cross‑references to documents are unsuitable where concise particulars are required. Although the application was late, it was not treated as very late (i.e. one that would jeopardise the trial timetable), since, with appropriate case...
This Practice Note outlines the insolvency regime brought in by the Technical and Further Education Act 2017 (TAFEA 2017), the Further Education Bodies (Insolvency) Regulations 2019 (FEBR 2019), SI 2019/138, and the Education Administration Rules 2018 (EAR 2018), SI 2018/1135, which took effect on 31 January 2019. TAFEA 2017 establishes the structure of an insolvency framework applying to further education and sixth form colleges in England and Wales. It also introduces a special administration regime designed to protect the interests of learners where a college becomes insolvent. Background The Further and Higher Education Act 1992 (FHEA 1992) created a new further education sector providing full-time education for 16–18 year olds and introduced a distinct corporate legal entity, the ‘further education corporation’. The Association of Colleges reports that over 95% of institutions in the sector are either further education corporations or sixth form college corporations founded under FHEA 1992. The Education Act 2011 (EA 2011) broadened the powers of further education and sixth form colleges and conferred greater financial...
Identifying charity land Charity land may be owned by any individual or group. What classifies it as charity land is the purpose for which it is held. Often, such property is held by a registered charity. Yet a company (limited by shares or by guarantee), a local authority, a body of trustees, or an unincorporated association could be holding land on the terms of a charitable trust without even realising. See below for the statutory definition of 'charity land'. Different types of charity for the purpose of land transactions For disposals there are three categories of charity, each requiring a different process: exempt charities—any charity named in Schedule 3 to the Charities Act 2011 (CA 2011) is exempt (this covers academies, foundation and voluntary schools, sixth form college corporations and most universities, certain museums and galleries, and various charitable societies, eg housing associations) non-exempt charities—although the term 'non-exempt charity' does not appear anywhere in the CA 2011, it is widely used in the...