Issues
Issues
Turning to the central issues arising on the Trust’s claim, it is appropriate to note at the outset that these all concern the correct VAT analysis of the Trust’s provision of services to the local authority. In the Trust’s written argument there was some suggestion that the analysis entailed supplies of services to members of the public, one of the issues then arising being whether the local authority’s payment to the Trust represented related consideration payable by a third party, the local authority. However, Mr Edwards, appearing for the Trust, helpfully confirmed at the hearing that he did not press such an analysis.
- 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
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