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In June this year, we noted that the government at Westminster had taken action short of legislation to change the criteria by which an education provider will be considered when applying to become a university college. However, it is not possible to change the impact of the law of the land (or indeed the EU) in such a way. Take procurement law for example where the key question is whether the body is a "contracting authority" for the purposes of the Public Procurement Regulations. Does the fact that public funding distributed to universities and higher education institutions by the Higher Education Funding Council for England will reduce mean that such bodies will no longer be contracting authorities caught by procurement law ? Our procurement lawyers have been giving this careful thought and have now taken a legal opinion from specialist counsel. Their conclusions can be found on our procurement portal.
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