17th April 2009, 05:42 PM
Quote:quote:Originally posted by kevin wooldridge
Um....maybe I am mentally switched onto something else, but I do think that European law and whether councils can include or exclude tenderers is very pertinent to this discussion.
I would still ask the same question Peter, why do you maintain that qualified exclusion from the tender process is anti-competitive in the UK whilst it is common, accepted and [u]apparently</u> legal elsewhere in the EU and EEA?
With peace and consolation hath dismist, And calm of mind all passion spent...
Hi chaps
Hopefully I can irritate this situation a bit more by saying that if the elected members of a council formulate and agree a policy stating that archaeiology in the planning process can only be carried out by members of the IFA then that has a legal basis and the council can enforce it. I'm not saying it would stand up to judicial review but... it can be legal for a council to require.
I believe that an east midlands council did once have membership of the IFA as a policy but they were not rigid in their enforcement of it.
Steven