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Local Authority round-up: 28/03/24

Our Local Authority round up provides brief summaries of topical information on a weekly basis, to keep you aware of the changes and updates relevant to you.


CMA secures new changes with regards to ‘green’ claims

The Competition and Markets Authority (CMA) has secured undertaking from ASOS, Boohoo and George at Asda to change the way they display, describe, and promote their green credentials.

Each company has committed to an agreed set of rules around the use of green claims, including (among others):

To ensure all green claims are not misleading. Key information must be expressed in plain language, easy to read, and clearly visible to shoppers.

Statements made about materials in green ranges must be specific and clear, such as ‘organic’ or ‘recycled’, rather than ambiguous like ‘responsible’ or ‘sustainable’. The percentage of recycled or organic fibres must also be clearly displayed and easy for customers to see.

Each company must not use ‘natural’ imagery in a way that suggests a product is more environmentally friendly than it actually is.

Any claims made to consumers about environmental targets must be supported by a clear and verifiable strategy.

To supplement this, the CMA has also issued an open letter to the sector, urging fashion retail businesses to review their claims and practices in light of these recent undertakings, in order to set a benchmark for the industry.

For more information, please click here.


Offenders set to clean-up communities in a bid to tackle anti-social behaviour

The Government is investing £93 million into the Community Payback scheme which will ensure offenders complete unpaid work to improve the environment and revitalise communities.

The Community Payback website has also been relaunched, which will allow members of the public to report anti-social behaviour and nominate potential projects in their neighbourhoods.

The scheme ensures that offenders visibly atone for their crimes in a way that benefits the local area. This forms part of the Government’s Anti-Social Behaviour Action Plan, which was published in March 2023, to ensure perpetrators face swift and visible justice.

For more information, please click here.

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Government releases new PPN, as well as the first set of guidance to supplement the Procurement Act 2023

This week the Government has published the first batch of guidance aimed at providing technical assistance with the interpretation and understanding of the new Procurement Act.

The initial guidance documents include:

  • Contracting Authority definition
  • Covered Procurement definition
  • Valuation of Contracts
  • Mixed Procurement
  • Exempted Contracts
  • Thresholds

The Government plans to continue publishing guidance until June 2024, ahead of the Act coming into effect in October.

This guidance follows the release of a new Procurement Policy Note (PPN 01/24) which explains that, in order to achieve the Government’s Net Zero Target, procuring authorities should have regard to the way in which carbon emissions could be reduced.

The Carbon Reduction Schedule published alongside this PPN provides standard T&Cs which seek to implement contract specific decarbonisation objectives and provide a framework to monitor a Supplier’s decarbonisation performance.

However, the PPN makes clear that the Carbon Reduction Schedule is optional and should only be included where relevant to the subject matter of the contract and proportionate to do so. The PPN can be found here.

To view the latest guidance, please click here.

For further information please contact Tim Care in our Public Sector Team.

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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