Download or read book The Effects of Compulsory Competitive Tendering and European Law on Local Authorities written by Philip Gosling and published by Springer. This book was released on 2001-03-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1980 and 2000, local authorities in the UK were required by the Local Government, Planning and Land Act 1980, and later by the Local Government Acts of 1988 and 1992 to demonstrate competitiveness in procurement through a statutory Compulsory Competitive Tendering (CCT) procedure regulated by the Secretary of State. Although CCT was abolished in January 2000, its intensive application over a 20-year period has left a lasting legacy in the conduct of local public procurement in the UK. In addition, the interaction of CCT and European law--in particular, that relating to public procurement and the transfer of undertakings--continues to have significance for local authorities throughout the EU. This book is the outcome of research into the effects of CCT on two English local authorities. Its remarkably clear and detailed analysis examines the CCT legislation, the principal legal and practical issues that it raised both in the UK and for the EU, its effects on the two local authorities selected for study and the broader implications for local public procurement in general. Among the legal issues addressed are the following: Policy differences between the various types of services procured--e.g., construction and maintenance, other manual, managerial, professional; The impingement of CCT on local authority discretion in contract tendering processes; and The interaction of CCT and the European Acquired Rights Directive as implemented in the UK by the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). The results of CCT are considered through case studies of the local authorities that examine the lasting effect on each authority's approach to service provision, organisational structure and general culture. In the last part of the book, the author summarizes his findings and offers conclusions that will be of value to public procurement authorities and their counsel everywhere.
Download or read book The Effects of Compulsory Competitive Tendering on Local Authorities written by Philip Geoffrey Gosling and published by . This book was released on 1999 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Role of Competitive Tendering in the Efficient Provision of Local Services written by Council of Europe. Steering Committee on Local and Regional Authorities and published by Council of Europe. This book was released on 1993-01-01 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Questions About the Initiative of the European Commission Concerning the Awarding and Compulsory Competitive Tendering of Public Service Concessions written by Helmut Cox and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ruling of the European Commission is that the award of contracts by regional or local authorities for the provision of services of general economic interest must be done by way of competitive tendering. Such contracts must not be awarded to the authority's own public enterprises or to any other enterprise, including by means of unilateral State act, without a call for tenders, a practice that had previously been common in many Member States. Public service concessions are also subject to the competition rules of the EC Treaty. Should the European Commission enact a directive concerning compulsory competitive tendering, this would result, for several Member States, in a serious change of paradigm as regards the awarding of public service concessions. Against this background, this article will attempt to find answers to the following questions: ő How is the present relationship of the regional or local authority with its own public enterprise to be considered? ő Are there any limits to applying the rules on competition of the EC Treaty to public service concessions? ő What kind of positive and negative effects concerning economic efficiency and supply of specific public services result from the awarding of public service concessions and from compulsory competitive tendering? ő What kind of, and what amount of, transaction costs result from compulsory competitive tendering and from the awarding of concessions? ő Does competitive tendering work properly, and are public tenderers given equal opportunities? ő Are there any alternatives to compulsory competitive tendering that would achieve an efficient market performance and provide sufficient supply?
Download or read book Compulsory Competitive Tendering in Local Government written by Austin McCarthy and published by . This book was released on 1992 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Knight s Guide to Competitive Tendering Law written by G. Sandys-Winsch and published by Butterworths. This book was released on 1996-12-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume service includes: annotations of relevant sections of the Local Government, Planning and Land Act 1980, the Local Government Act 1988 and the Local Government Act 1992; annotations of Government orders and regulations; and relevant European law. There are four updates per year.
Download or read book The Implementation of Public Policy on Compulsory Competitive Tendering in Local Authorities written by Desmond Vincent O'Neill and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The management of change within local government written by Peter H. Davies and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Impact of Compulsory Competitive Tendering on the Management of Local Government Industrial Relations written by Susan M. Ogden and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fighting Corruption in Public Procurement written by Sope Williams-Elegbe and published by Bloomsbury Publishing. This book was released on 2012-11-06 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-corruption measures have firmly taken centre stage in the development agenda of international organisations as well as in developed and developing countries. One area in which corruption manifests itself is in public procurement and, as a result, States have adopted various measures to prevent and curb corruption in public procurement. One such mechanism for dealing with procurement corruption is to debar or disqualify corrupt suppliers from bidding for or otherwise obtaining government contracts. This book examines the issues and challenges raised by the debarment or disqualification of corrupt suppliers from public contracts. Implementing a disqualification mechanism in public procurement raises serious practical and conceptual difficulties, which are not always considered by legislative provisions on disqualification. Some of the problems that may arise from the use of disqualifications include determining whether a conviction for corruption ought to be a pre-requisite to disqualification, bearing in mind that corruption thrives in secret, resulting in a dearth of convictions. Another issue is determining how to balance the tension between granting adequate procedural safeguards to a supplier in disqualification proceedings and not delaying the procurement process. A further issue is determining the scope of the disqualification in the sense of determining whether it applies to firms, natural persons, subcontractors, subsidiaries or other persons related to the corrupt firm and whether disqualification will lead to the termination of existing contracts. The book compares and contrasts the legal, practical and institutional approaches to the implementation of the disqualification mechanism in the European Union, the United Kingdom, the United States, the Republic of South Africa and the World Bank.
Download or read book Compulsory Competitive Tendering written by Stephen Cirell and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the law and practice of compulsory tendering under the Local Government Act 1988, written from the local authority point of view. It aims to give bidders an insight into the competitive process and to go step-by-step through the whole spectrum of its operation showing how the tender process can be successfully completed.
Download or read book Compulsory Competitive Tendering and Local Government Reorganisation written by Local Government Management Board and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legality and Locality written by Martin Loughlin and published by Oxford University Press. This book was released on 1996 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to trace the main dimensions of recent conflicts between central departments of governments and local authorities and to reveal something of their significance. It does so by focusing on the role of law in shaping the central-local government relations which is neglected in many contemporary studies and yet is of vital importance in identifying the character of that relationship. Precisely why they should be so is not self-evident. The main objective of this introduction therefore is to highlight the importance of this dimension to the study of central-local relations and then to explain the way in which the key themes of the study are to be addressed. One highly significant aspect of the study is the identification of a process of juridfication which is only gradually becoming clear. This has not only been a major undertaking, it has also been a highly complex, ambiguous, confusing, and frustrating activity. This has caused problems for government and for the judiciary and not surprisingly there have been expressions of discomfort on all sides. This book helps to explain where the process may have gone wrong and why ultimately it may be an objective which cannot be realised. Ultimately what the book seeks to demonstrate is that the issues raised by the government of central-local relations transcend the institution of local government and are directly linked to our system of parliamentary democracy. Furthermore the author argues that the system of central-local government relations has evolved in such a way that it reveals a great deal about our tradition of public law. An examination of these issues through an explication of the themes of legality and locality therefore requires the reader to address basic questions about the nature of contemporary British government.
Download or read book Public Procurement and the EU Competition Rules written by Albert Sánchez Graells and published by Bloomsbury Publishing. This book was released on 2015-06-25 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.
Download or read book Labour Law in the Courts written by Silvana Sciarra and published by Hart Publishing. This book was released on 2001-03-12 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with six EU Member States analysing two areas of substantive law: transfer of undertakings and equality legislation.
Download or read book Torkildsen s Sport and Leisure Management written by George Torkildsen and published by Routledge. This book was released on 2005-05-06 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: For this new edition the book has been completely revised, bringing the subject up to date in line with recent developments. Key changes address issues surrounding government policy and public sector leisure provision, the National Lottery, global conditions such as the world economic climate and the European Union, and communication and travel advances. New content also covers: play, recreation, leisure and the needs of people leisure trends, planning and government the legacy of CCT and the introduction of Best Value management, training and operational aspect of Leisure & Recreation management Leisure and Recreation Management deals with the theory of leisure studies as well as the day-to-day practicalities of managing sport, leisure and recreation facilities, ensuring this book's continued success as a student textbook and a guide for the practitioner.
Download or read book English Administrative Law from 1550 written by Paul Craig and published by Oxford University Press. This book was released on 2024-05-09 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: The commonly held view about English administrative law is that it is of recent origin, with some dating it from the mid-20th century and some venturing back to the late 19th century. English Administrative Law from 1550: Continuity and Change upends this conventional thinking, charting its development from the mid-16th century with an in-depth examination of administrative law doctrine based on primary legal materials, statute, and case law. This book is divided into four parts. Part 1 sets out the book's principal thesis, contrasting standard perceptions concerning the existence of English administrative law with the reality of its emergence from the mid-16th century. Part 2 is concerned with Regulation and Administration from the mid-16th century to the end of the 19th century. There is detailed analysis of the regulatory and administrative state, which includes chapters on the way in which administrative policy was developed through individual decision-making and rulemaking, and the role played by contract in service delivery. Part 3 deals with Courts and Doctrine. It begins with discussion of foundational precepts followed by chapters on natural justice; review of law and fact; rights; delegation, fettering and purpose; reasonableness; proportionability; prerogative; and third and fourth source power. Part 4 of the book covers Remedies and Review, with chapters on invalidity; standing; the prerogative writs; injunction, declaration, quo warranto and habeas corpus; and damages and restitutionary liability. With thought-provoking and original insights, English Administrative Law from 1550 systematically elaborates and contextualizes the origins of administrative law features while linking them to their modern-day equivalents.
