Emma has over 10 years' experience advising on public sector projects, with a focus on procurement law, contracts, subsidy control and transparency laws such as the Freedom of Information Act. She has particular experience in the education sector (universities, colleges and schools), rail sector, with local authorities and in the health sector.
On procurement law, she advises authorities and suppliers on the application of the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016 (UCR) and the Concession Contracts Regulations 2016. This includes advising on procurement strategy and procedure, drafting and reviewing procurement documents, conducting bidder dialogue sessions and advising on standalone queries such as contracting authority status and 'Teckal' structures. She is advising clients on the progress of the new Procurement Bill, expected to come into force in 2024.
Emma also provides specialist advice on the Subsidy Control Act 2022, and on complex requests for information under the Freedom of Information Act 2000 (FOI) and Environmental Information Regulations 2004 (EIR). She has particular experience in interpreting the statutory powers and obligations of public bodies in relation to information disclosures.
Emma delivers client training on all of the above areas of law. Recent sessions include detailed training for a rail-sector client on handling FOI and EIR requests, and training for the evaluators of a UCR procurement on SQ and tender evaluation.
Emma trained and qualified at Womble Bond Dickinson. In her time at the firm she has undertaken secondments: one to a major retail bank and another to a large local authority where she gained invaluable in-house experience, advising on large scale projects involving EU grant funding and drafting a wide variety of commercial contracts. She has written practice notes and articles published in Westlaw Insight, Lexis PSL and in the Freedom of Information Journal, and co-presented workshops at the Annual Freedom of Information Conference.
Experience
Examples of experience include advising:
- Durham University on the procurement of a contractor to design, build, operate and maintain new college accommodation and related facilities, including advising on the procurement documents and process (competitive dialogue) from start to finish and drafting and negotiating the University's contracts.
- a Train Operating Company on its procurement of new rolling stock vehicles and associated financing to support its bid for a major rail franchise, including strategic advice and drafting all key procurement documents.
- The Department of Communities and Local Government conducting independent procurement audits in relation to projects procured by recipients of ERDF grant funding.
- NHS Digital on its complex information governance arrangements, in particular advising on its statutory powers to collect, analyse and share data, and statutory Directions and requests made under the Health and Social Care Act 2012.
- A large number of organisations including Post Office Limited, schools (maintained, academies and independent), colleges and registered providers on complex requests for information under data protection, FOI and environmental legislation, including the application of statutory exemptions and appeals to the Information Commissioner's Office and First Tier Information Rights Tribunal.
- A private sector vehicle rental company on its conduct of a procurement for high value specialist vehicles, and drafting template procurement documents for future use.
