Drafting Note, May 2011

Readers will be aware that, with effect from 23 March 2011, the Department for Communities and Local Government withdrew the Code of Practice on Workforce Matters in Local Authority Service Contracts (the "Code"), and the corresponding guidance relating to Fire and Rescue Authorities in ODPM Circular 09/2004.

This Schedule 18 details the procedure that applies for resolving disputes about the application of the Code. Its continued use will only be necessary where an Authority in procurement chooses to apply the provisions of the Code, notwithstanding its withdrawal by CLG.

CLG have confirmed that the withdrawal of the Code does not apply retrospectively to contracts that have been entered into.

Local Partnerships are currently developing an update to the standard form Fire and Rescue Services and Police Project Agreement, which includes this Schedule 18, to address the recent withdrawal of the Code.

In the meantime, anyone planning to use this Schedule 18 as part of a procurement exercise should seek their own professional advice on how, if at all, they should apply the Code, and the corresponding application of this Schedule 18.