header-logo header-logo

23 November 2012 / Tom Metcalfe
Issue: 7539 / Categories: Features , Public
printer mail-detail

Mutuals: getting into a spin?

Tom Metcalfe advises a careful approach to the drafting of articles of association of mutuals

With the tightening of the public purse came increasing pressure on central government to find new ways of maximising the efficiency of public service provision. This has fuelled a new drive to build a “big society” based on shifting power from state institutions to employee-led organisations. This is a particular type of social enterprise known as mutualisation or “spinning out”.

Mutuals can take a range of forms, making narrow definition difficult. Thus, the three attributes of mutuals identified by the Cabinet Office’s Mutuals Task Force report Public service mutuals—the next steps are a useful starting point. Mutuals are said to be organisations which have left the public sector, but which continue to deliver public services and give employees significant control over their operation. If we look beyond the policy documents though, there has been little legislative development to facilitate the government’s mutualisation agenda.

This is important because the EU public procurement directives apply if contacting authorities seek supplies, services or works (Council Directives 2004/18/EC [2004] OJ

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll