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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.


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.


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.


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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Enable councils to work in partnership with third sector, say charity finance chiefs
- Details
The government should enable councils to work in partnership with the charity sector, ensure there is a more consistent commissioning process and reduce the regulatory burden on the third sector, charity finance directors have urged.
In a submission to the Treasury’s comprehensive spending review, the Charity Finance Directors’ Group (CFDG) said: “Local authorities should be enabled and encouraged to work in partnership with the charity sector, rather than simply ‘turning off the tap’, transferring the bulk of spending cuts onto the services currently delivered by charities.”
The group argued that greater consistency in the commissioning process, allowing full cost recovery and removing some of the barriers to participating in public service delivery would help to level the playing field for charities in bidding for contracts.
Other key recommendations included:
- Longer-term contract periods should be provided wherever possible to enable services time to develop, deliver real value for money and produce real outcomes
- Accountability and transparency – incorporating effective cost-benefit analysis – should be applied to the cutting of services as it is with service procurement. This should also be reflected at a local level
- The regulatory burden for charities should be cut down. This replication of information and unnecessary governance and administration costs should be reduced
- Government departments should be aware of wider implications of public funding cuts on sector sustainability, community cohesion and service delivery
- The Big Society is undermined when projects which are already underway or have had initial funding for set-up costs are not continued. “This ultimately wastes resources and impacts negatively on communities,” the CFDG said
- The gift aid regime should simplified and updated
- The government should consider how the sector can be best supported in terms of the tax and regulatory environment it works in. “Charity trading regulations and the impact of VAT need to be addressed as burdens for the sector in seeking different sources of funding.”
The CFDG said charities have a significant part to play in bringing the government’s Big Society to life within communities.
Calling on the government to take into account the longer term impacts on the charity sector of any cuts, it added: “Furthermore, while the government has expressed that frontline services will be protected, there also needs to be recognition of the role that charities play in identifying local needs and in working with vulnerable and difficult to reach groups.”
The government should enable councils to work in partnership with the charity sector, ensure there is a more consistent commissioning process and reduce the regulatory burden on the third sector, charity finance directors have urged.
In a submission to the Treasury’s comprehensive spending review, the Charity Finance Directors’ Group (CFDG) said: “Local authorities should be enabled and encouraged to work in partnership with the charity sector, rather than simply ‘turning off the tap’, transferring the bulk of spending cuts onto the services currently delivered by charities.”
The group argued that greater consistency in the commissioning process, allowing full cost recovery and removing some of the barriers to participating in public service delivery would help to level the playing field for charities in bidding for contracts.
Other key recommendations included:
- Longer-term contract periods should be provided wherever possible to enable services time to develop, deliver real value for money and produce real outcomes
- Accountability and transparency – incorporating effective cost-benefit analysis – should be applied to the cutting of services as it is with service procurement. This should also be reflected at a local level
- The regulatory burden for charities should be cut down. This replication of information and unnecessary governance and administration costs should be reduced
- Government departments should be aware of wider implications of public funding cuts on sector sustainability, community cohesion and service delivery
- The Big Society is undermined when projects which are already underway or have had initial funding for set-up costs are not continued. “This ultimately wastes resources and impacts negatively on communities,” the CFDG said
- The gift aid regime should simplified and updated
- The government should consider how the sector can be best supported in terms of the tax and regulatory environment it works in. “Charity trading regulations and the impact of VAT need to be addressed as burdens for the sector in seeking different sources of funding.”
The CFDG said charities have a significant part to play in bringing the government’s Big Society to life within communities.
Calling on the government to take into account the longer term impacts on the charity sector of any cuts, it added: “Furthermore, while the government has expressed that frontline services will be protected, there also needs to be recognition of the role that charities play in identifying local needs and in working with vulnerable and difficult to reach groups.”
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