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- Heading
- Introduction
- legal background to claim
- Issues and remedy sought
- Background NHS framework evidence and facts
- NHS health legislation
- Local authorities
- NHS foundation trusts
- Agreements between Trust and local authorities
- Issues
- Issue 1: whether provision of services was “for consideration” under Article 2 PVD
- Parties’ submissions in summary
- Discussion: Issue 1 – is the Trust’s supply of services to the local authority “for consideration?
- Public duty and public funding
- Issue 2: is the supply “economic activity” under Article 9 PVD?
- Discussion on Issue 2: whether economic activity
- Public duty and public funding
- Comparison with how activity typically carried out in market
- Issue 3: Engaging in the supplies of the services as a public authority - special legal regime
- Article 13 PVD- Application to the facts
- NHS legislation
- Consultation obligations and guidance
- Power to make directions in emergency – s253 of the 2006 Act
- NHS Constitution and Trust constitution
- Other legislation
- Case that the Trust is a delegate of a local authority
- Issue 4: Leading to significant distortions of competition
- Conclusions