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The Practical impact of the Procurement Act 2023
– the challenges, the benefits and the legal lacunas

 

 

 

 

 

 

 

 

In the second of three articles for Local Government Lawyer on the Procurement
Act 2023 one year after it went live, Katherine Calder and Victoria Fletcher from
DAC Beachcroft consider some of its practical impact and implications, including
how to choose the right regime, how authorities are tackling the notice requirements,
considerations when making modifications, and setting and monitoring KPIs.

The Practical impact of the Procurement
Act 2023 – the challenges, the benefits
and the legal lacunas

 

 

 

 

Katherine Calder and Victoria Fletcher from DAC Beachcroft
consider some of its practical impact and implications,
including how to choose the right regime, how authorities
are tackling the notice requirements, considerations when
making modifications, and setting and monitoring KPIs.

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Weekly mandatory food
waste collections

 

 

 

 

 

 

 

 


What are the new rules on food waste collections and why are
councils set to miss the March deadline? Ashfords’ energy
and resource management team explain.

Weekly mandatory food
waste collections

 

 

 

 


What are the new rules on food waste collections and why are
councils set to miss the March deadline? Ashfords’ energy
and resource management team explain.

Slide background

The Procurement Act 2023: One Year On -
How procurement processes are evolving

 

 

 

 

 

 

 

 

 

Katherine Calder and Sarah Foster of DAC Beachcroft focus on
changes to procurement design at selection and tender stage in
three key areas of change that the Act introduced.

The Procurement Act 2023: One Year On -
How procurement processes are evolving

 

 

 

 

 

Katherine Calder and Sarah Foster of DAC Beachcroft focus on
changes to procurement design at selection and tender stage in
three key areas of change that the Act introduced.
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Service charge recovery
and the Building Safety Act 2022

 

 

 

 

Zoe McGovern, Sian Gibbon and Caroline Frampton set out
what local authorities need to consider when it comes to
the Building Safety Act 2022 and service charge recovery.

Service charge recovery
and the Building Safety Act 2022

 

 

 

 

 

 

 

 

Zoe McGovern, Sian Gibbon and Caroline Frampton set out
what local authorities need to consider when it comes to
the Building Safety Act 2022 and service charge recovery.

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Fix it fast: How “Awaab’s Law”
is forcing action

Eleanor Jones sets out
what "Awaab's Law"
will mean in practice
for social landlords.

Fix it fast: How “Awaab’s Law”
is forcing action

Eleanor Jones sets out
what "Awaab's Law"
will mean in practice
for social landlords.

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SPONSORED

Case study: using enforcement powers for the remediation of buildings

The Government has made funding available, up to £100,000 per building, for local authorities to obtain legal advice on pursuing those responsible for remediating buildings – the Remediation Enforcement Support Fund. (The closing date for local authorities to apply for funding is fast approaching and is currently set for midnight on 28 February 2026.) But how does a local authority effectively…

How Finders International Supports Council Officers

Councils across the UK face a growing number of complex cases involving deceased individuals with no known next of kin, unclaimed estates, and long-term empty properties. These situations demand not only legal precision but also sensitivity, efficiency, and resourcefulness.

The Government has sent a team of inspectors into Bedford Borough Council because of concerns about its finance and governance and an earlier warning that it risked a section 114 notice.

In a letter to chief executive Laura Church, James Blythe, deputy director, local government stewardship and interventions at the Ministry of Housing, Communities and Local Government, said: “…we would like direct, independent assessment of whether the authority is making arrangements to secure continuous improvement in the way in which its functions are exercised…”

He noted that a stability plan developed by the executive showed a funding gap of £33m over the medium-term to 2029-30.

The inspection will be led by Paul Najsarek, former chief executive of the London Borough of Ealing.

Mr Blythe pointed to an assessment in July last year by the Chartered Institute of Public Finance and Accountancy (CIPFA) “which highlighted weaknesses around the council’s governance arrangements and financial management that will prevent the council from addressing their significant financial challenges, including a significant projected overspend position…and a cumulative budget gap over the Medium-Term Financial Strategy period”.

The CIPFA review noted that the council, which is led by Conservative elected mayor Tom Wootton, was “already in section 114 territory and requires urgent action to avoid issuing the statutory notice” and had imprudently reduced council tax.

It said: “Two reductions in council tax and the use of council tax flexibilities resulting in a reduced council tax yield of £24 million (£19 million after freeze grants) than could have been achieved since 2010 if a maximum council tax increased had been applied."

Bedford’s Band D rate was “not an outlier, but below the average for all unitary authorities”.

In addition, a Local Government Association corporate peer challenge had previously found “good governance was being hindered by a lack of strategic clarity and the unintended consequences of previous organisational changes, with a need for more visible, collective leadership’.

There had also been concerns raised by regulator Ofsted about the delivery of children’s social care.

Mr Blythe wrote: “Given our concerns relate to broad decision-making, and whether the standards expected for effective and convenient local government are being upheld, the inspection will consider decision-making in relation to those functions, encompassing leadership, governance, organisational culture, use of resources, partnerships and community engagement, and impact on service delivery.”

CIPFA also found the lack of an income strategy combined with differing concessions and debt management arrangements had led to “a significant bad debt position”.

A Bedford spokesperson said: “This is a challenging time for councils across the UK, and we are far from the first authority to undergo a best value inspection. It will allow the Government to have confidence in our direction of travel and the culture at Borough Hall.

“The Government has made clear that it recognises that Bedford Borough is at the heart of so much of its agenda, from house-building and East West Rail to Universal Studios theme park and the UK’s biggest roadworks scheme connecting Bedford to Cambridge.

“This does not change our commitment to delivering that agenda, as well as our ongoing task of providing the best possible services to residents across Bedford Borough, with our skilled and dedicated staff.”

Mark Smulian

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