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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.
Slide background

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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Injunctions to restrain breaches of planning control

Mark O’Brien O’Reilly reports on a council’s successful application for a final injunction with both mandatory and restraining elements following unauthorised development in the Green Belt.
April 09, 2026
Injunctions to restrain breaches of planning control

Who bears the burden?

The High Court has confirmed the law on proving whether advertising consent has been obtained. Chris Jeyes considers the judgment.
April 08, 2026
Who bears the burden?

Lawfulness and applications for a CLEUD

The High Court has confirmed that lawfulness is to be determined as at the date of the application for a CLEUD. Jonathan Welch analyses the ruling.
April 08, 2026
Lawfulness and applications for a CLEUD

The Cardiff Airport subsidy control ruling

The UK’s first aviation Subsidy Control case has been decided in favour of the Welsh Government. Alexander Rose considers the key elements of the Competition Appeal Tribunal's decision for public sector lawyers advising upon Subsidy Control matters and explores whether this case…
April 08, 2026
The Cardiff Airport subsidy control ruling

White Paper on SEN reforms: some lessons from the current Welsh SEN system

Martha Glynn, Benjamin Deery and Heather Burrows of SV Law explore some of the most potentially impactful proposals in the Government’s White Paper on SEN reforms and provide insights derived from working within an arguably analogous policy framework in the current Welsh SEN…
April 08, 2026
White Paper on SEN reforms: some lessons from the current Welsh SEN system

Greyhound racing and the separation of powers

A recent judgment from the Administrative Court in Wales contains several points of interest for constitutional and public law practitioners, writes Ian Rogers KC.
April 07, 2026
Greyhound racing and the separation of powers

The Hillsborough Law Bill: implications for public bodies

Fiona Scolding KC considers the practical steps that public bodies will need to take in order to ensure they comply with the new duties set out in the Hillsborough Law Bill.
April 02, 2026
The Hillsborough Law Bill: implications for public bodies

Dispensing with notice to father

It is vital that those representing local authorities or vulnerable parents understand the evidentiary threshold and procedural safeguards surrounding applications to dispense with notice to a father in child protection proceedings, writes Daniel Sheridan.
April 02, 2026
Dispensing with notice to father

Court of Protection case update April 2026

Lamis Fahad and Caitlin Smithey round up the latest Court of Protection judgments of interest to practitioners.
April 02, 2026
Court of Protection case update April 2026

The new PD27A: a step change in Family Court bundle and document management

Ashley Lord breaks down the revised Practice Direction 27A, which is now in force, marking a major shift in how bundles are managed across the Family Court. The update brings stricter rules, clearer structure, and a strong emphasis on high‑quality e‑bundles.
April 02, 2026
The new PD27A: a step change in Family Court bundle and document management

The ERA – Benefits and Working Conditions

Catrin Mills and David Leach provide an overview of the key changes within the Employment Rights Act to workplace benefits and working…
Apr 01, 2026
The ERA – Benefits and Working Conditions

Asylum hotels, overcrowding and the HMO rules

A recent High Court judgment on asylum hotels has given guidance on adequacy, overcrowding and the HMO rules. Ben Amunwa examines the…
Apr 01, 2026
Asylum hotels, overcrowding and the HMO rules

Defective but not fatal

Craig Leigh looks at the Court of Appeal case of Duffy v Birmingham City Council, which involved an underlying housing conditions claim,…
Mar 31, 2026
Defective but not fatal

Intervention: the Monitoring Officer’s view

The views of Monitoring Officers must be considered when finding lessons we can learn from intervention, writes Dr Paul Feild.
Mar 26, 2026
Intervention: the Monitoring Officer’s view

The role of the backbench councillor

Backbench councillors in local authorities with a Leader/Cabinet model are often regarded as having little or no power to influence or take…
Mar 26, 2026
The role of the backbench councillor

FOI and information held on computer systems

Do public authorities ‘hold’ all information on their computer systems? Conor Monighan analyses a recent Upper Tribunal ruling.
Mar 26, 2026
FOI and information held on computer systems

Correcting mistakes in public decision making

David Blundell KC and Hafsah Masood analyse a significant Court of Appeal decision on incidental powers in public law.
Mar 26, 2026
Correcting mistakes in public decision making

The powers of exclusion panels

On 5 March 2026, the High Court gave judgment in a case concerning two permanent exclusions. The judgment provides detailed consideration…
Mar 18, 2026
The powers of exclusion panels

Mar 18, 2026

Removal from kinship care

A Family Court judge recently decided that a local authority’s removal of a six-year-old boy from his aunt’s care was wrongful. Eleanor…
Mar 18, 2026

Navigating the expansion of foster care

Sarah Erwin-Jones looks at the risks, opportunities and strategic solutions for local authorities when it comes to expansion of foster care.
Mar 13, 2026

Adoption vs long-term fostering

The Court of Appeal has dismissed an appeal by a local authority over a judge’s decision to refuse to make a placement order at the…
Mar 13, 2026

Care leavers and redaction of records

Is redaction of records necessary for privacy, or a cause of harm and frustration? Peter Garsden of the Access to Care Records Campaign…
Mar 13, 2026

Planning appeals and costs awards

Christopher Moss covers a recent judgment in which the Court of Appeal considered whether a Local Planning Authority had behaved…
Mar 12, 2026

The latest Sizewell C JR

The Court of Appeal recently refused permission to appeal in the latest Sizewell C judicial review, with the application certified as being…
Mar 06, 2026

Disclosure to the DBS

The High Court recently ordered a local authority to disclose to the Disclosure and Barring Service (DBS) findings made by the Family Court…
Mar 05, 2026

Housing case alert - February 2026

Tim Pearl, Tom Bradbury and Sumi Begum round up the latest housing law judgments of interest to local authorities and housing associations.
Feb 27, 2026

Book review: “Reforming lessons”

Geordie Cheetham and Satnam Virdi review “Reforming Lessons: Why English Schools Have Improved Since 2010 and How This Was Achieved” by…
Feb 26, 2026

Transparency in FII cases

In a recent case Mrs Justice Lieven dealt with Transparency Orders in care proceedings. Graeme Bentley analyses the ruling.
Feb 25, 2026

Court documents and AI

Tom Whittaker summarises the key points from a Civil Justice Council consultation on use of AI in preparing court documents, including…
Feb 25, 2026

What is an Officer?

Geoff Wild considers what exactly is an 'officer' of a council and explores the complex rules that surround their appointment and dismissal.
Feb 24, 2026

2026 in construction: a look ahead

Michael Comba and Rachel Murray-Smith provide a summary of the key points of interest in the upcoming year in the construction sector,…
Feb 18, 2026

A Welsh white leopard?

Alex Ruck Keene KC (Hon) looks at a recent case where litigation capacity in the absence of subject-matter capacity was revisited.
Feb 18, 2026

Conversion to an ‘empty’ MAT

Gerry Morrison considers the legal, governance and practical implications of Franklin Sixth Form College’s conversion to an ‘empty’…

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Unlocking legal talent

Jonathan Bourne of Damar Training sets out why in-house council teams and law firms should embrace apprenticeships.

Councils have called for the introduction of more robust national taxi licensing standards, warning that inconsistent local regimes fuel “licence shopping”, undermine safeguarding and erode public confidence.

City of Wolverhampton Council – which has been at the heart of the debate about cross-border licensing as it has licensed some 50,000 private hire drivers, 96% of whom live outside the city – has meanwhile backed a national regime with uniform standards.

The calls come in response to a Transport Committee inquiry launched in July 2025, which asked for views about the current regulations which allow licensing authorities to apply their own standards.

The committee also asked for responses on ''cross-border licensing'', which leads to authorities handing licences to drivers that operate outside of their areas.

The Mayor of Greater Manchester, Andy Burnham, has previously called for an end to the controversial practice, after pointing out that almost half of the taxis operating in the city held out-of-area licences.

In its written evidence to the committee, Wolverhampton said it is "clear that the current licensing regime needs to change", adding that the council's key priority was the protection and safety of the public.

On cross-border licensing, Wolverhampton said it supported a national regime with uniform standards, arguing that it would reduce the appeal of drivers looking outside their local authority for licences.

It added: "The current licensing system does not allow licensing authorities such as Wolverhampton to reject drivers or applications unless they are not fit and proper or do not meet other very limited criteria.

"The council has done a lot to try and mitigate the potential impact of the large number of drivers/operators who have applied to the council for licenses but critically it cannot choose to reject applications for a lack of connection with our city, and it is also important to note that licensing authorities cannot use licensing income for other purposes, and cannot make a surplus on the fees."

It warned against implementing minimum standards instead of national standards, as variation in standards across the country would encourage "license shopping".

Elsewhere, Wolverhampton said legislative changes should be made in order to give licensing authorities the power to suspend a licence pending investigation - and magistrates and crown courts should be empowered to revoke and suspend licences at the point of sentencing.

It also called for licensing officers to be handed powers to suspend other licensing authorities' licences, "to prevent the driver continuing to work on a ‘back up’ licence held elsewhere".

Transport for Greater Manchester (TfGM) - in collaboration with the area's 10 licensing authorities – meanwhile issued a response criticising the “inconsistent” licensing standards across authorities.

In April Andy Burnham, Mayor of Greater Manchester, called for taxi licensing powers to be handed to Mayoral Combined Authorities.

In its written evidence, TfGM said the current system creates “confusion", "undermines public confidence", and complicates the process for raising concerns or complaints.

“National harmonisation of standards presents a valuable opportunity for greater consistency, improved public confidence and improved support across the sector”, it added.

However, TfGM also warned the success of a national scheme “depends on the reasonableness and appropriateness of those standards, and most importantly on their implementation and ensuring compliance with them”.

The Local Government Association (LGA) meanwhile voiced support for national standards on safeguarding, a national database for drivers, and national enforcement powers for the trade.

Its response made particular mention of the findings of Baroness Casey's report into child exploitation, which the LGA said "clearly [demonstrated] the crucial role licensing authorities must play in safeguarding and has highlighted concerns around out of area working".

The LGA said: "The Government should introduce more robust national minimum standards on safeguarding to improve consistency and ensure all drivers are subject to high standards. This should be supported by the development of a national database of all licensed taxi/PHV drivers, vehicles and operators to facilitate greater information sharing between partners and assist with safeguarding, as well as national enforcement powers accompanied by additional resources to enable licensing officers to take action against any driver operating in their area."

The LGA also called for the urgent introduction of a comprehensive Taxi and PHV Licensing Reform Bill to replace the current "outdated" legislation.

The Transport Committee’s inquiry is ongoing.

Adam Carey

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