Legislation / Legal
Monitor: The Administrative Court has delivered its ruling on the judicial review of Monitor’s interpretation of legislation to limit NHS foundation trust income derived from private patient charges (the private patient income cap). The judicial review was prompted by a legal challenge to Monitor’s interpretation of the cap by Unison.
Mr Justice Cranston has ruled that Monitor’s current interpretation of the legislation is not lawful and determined that the cap should apply to a wider range of income sources. Monitor accepts the Court’s decision and welcomes the clarification; the regulator will now amend its approach accordingly.
Monitor will now address & revise the definitions which apply to the cap as set out in the NHS foundation trust Financial Reporting Manual (the FReM) to reflect the Court’s judgment. The regulator will communicate its intentions in this respect to all interested parties as soon as practically possible.
Press release ~ Consultation (closed) on the interpretation and application of the Private Patient Income cap ~ Judgement ~ Monitor’s Financial Reporting Manual
HMT: The Government has announced details of the Fiscal Responsibility Bill which is being introduced to Parliament alongside the 2009 Pre-Budget Report. The Bill requires the Government to set out, at all times, a legislative fiscal plan for delivering sound public finances (to be approved by Parliament) and places a binding duty on the Government to meet that plan.
The Government will also publish an updated Code for Fiscal Stability, setting out the requirements the Government must meet in the publication of its fiscal plans & projections, in the New Year.
Press release ~ Current Code of Fiscal Stability ~
MoJ: The Office for Legal Complaints has announced further moves to set up a new ombudsman scheme that will investigate & resolve complaints by consumers of legal services. The announcement came on the same day as an order was laid in Parliament to enable the Legal Services Board to begin work as overseeing regulator in January 2010.
MoJ: Justice Secretary Jack Straw has issued a 'veto' certificate under section 53 of the Freedom of Information Act, overruling the Information Tribunal's decision of 23 June 2009. This is only the second time this power (the 'veto') has been exercised since the Act came into force in 2005 and over that period of time central government has received approximately 160,000 non-routine requests for information.
DfT: Local authorities throughout England will be given new powers to determine routes, timetables, fares and other aspects of bus services, Transport Minister Sadiq Khan has claimed. New legislation, which will come into force on 11 January 2010, gives local authorities greater freedom to put in place Quality Contracts Schemes (QCS).
QCS, which are the London-style model of bus franchising, could include performance targets for operators and make sanctions against contract operators who fail to meet those targets. Those sanctions might include financial penalties or, in extreme situations, termination of the contract.
Press release ~ Quality Contracts Schemes (QCS) ~ DfT: Quality Contracts Scheme Board panel (closing date for applications is midday 29 January 2010)
ScotGov: The Crofting Reform Bill, published last week, is intended to tackle absenteeism, neglect & speculation and protect crofting for future generations.
