We have had a few calls regarding this survey:
https://www.gov.uk/government/news/survey-seeks-views-on-contingency-arrangements
It certainly seems more about information gathering than “seeking views” hence the unease it has caused.
The 2 main questions have been:
Is it mandatory?
There is nothing to suggest so though we do advise completion.
Can this lead to contract action or sanctions?
We think not under the present contingency arrangements and also given 2017/8 Contract Specification Standard Term 30.6 (c) – general exemption due to epidemic.
Also the tone, though not the detail, of David Thomas’ letter to suppliers supports that view.
It is a bit fiddly but it “shouldn’t take long to complete” – they want responses by next Monday, 11th January.
Do ring if you want to talk it through.
What are the current contingency arrangements? Is there a definitive document which sets them out?
David
They are summarised here https://www.gov.uk/guidance/coronavirus-covid-19-legal-aid-agency-contingency-response
Essentially try to maintain and record compliance but they will not take contraact action (notices/sanctions etc.) where this is not possible due to the pandemic.