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Local Authority round-up 01/04/21

Our Local Authority round up provides brief summaries of topical information on a weekly basis, to keep you aware of the changes and updates relevant to you.

Brexit

Iceland consents to UK being invited to deposit instrument of accession to 2007 Lugano Convention

The Federal Department of Foreign Affairs of Switzerland, in its capacity as Depository for the 2007 Lugano Convention, has published a letter notifying the other contracting parties that Iceland has consented to the UK being invited to deposit its instrument of accession to the 2007 Lugano Convention. Consent was also recently given by Switzerland, on 8 March 2021. The Convention, which governs jurisdiction and the enforcement of judgments in civil and commercial matters between EU member states and Norway, Iceland and Switzerland, originally applied to the UK by virtue of EU membership. Until the end of the UK-EU transition period, it continued to be treated as applying to the UK. To accede to the Convention, the UK will need to obtain the unanimous agreement of the other contracting parties and follow the formal accession procedure set out in the Convention.

For more information please click here.

UK and Thailand agree to explore new opportunities to increase trade and investment ties

Following a Joint Trade Review carried out by the UK and Thai governments over the last year, to explore opportunities to increase trade and investment in each other’s countries, both countries have now committed to strengthening trade ties. The UK’s International Trade Secretary, Liz Truss, and Thailand’s Minister of Commerce and Deputy Prime Minister, Jurin Laksanawisit, have signed a Memorandum of Understanding, under which they have established the Joint Economic and Trade Committee and agreed to discuss resolving market access barriers for both sides in the food and drink, fisheries and agricultural sectors and increasing access to each other’s financial services markets.

For more information please click here.


Commercial

Supporting Families programme launched

Housing Secretary Robert Jenrick has announced the launch of the Supporting Families programme which has been backed by £165 million funding from the government in order to support the most vulnerable families in society. The programme works to support people to leave abusive relationships, get the right support for those with mental health issues and help people to find work through the assignment of a dedicated keyworker to the family who brings local services together to resolve any issues. Mr Jenrick said “As we come out of the COVID-19 pandemic it is more important than ever we support families. The last year has shown what can be achieved if different agencies act as one and wrap their arms around the most vulnerable. That is the objective of Supporting Families, the renewed programme to turn around lives and help families to achieve their potential.”

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Government provides additional funding to councils to support those self-isolating

The government has announced that it will be providing an additional £12.9 million a month in additional funding to councils to help provide people who are self-isolating with additional support. They will also be providing an additional £3.2 million per month which is allocated to a free medicines delivery service for those who are self-isolating. The additional funding will enable councils to provide new practical support funding and enhancements to the Test and Trace Support Payment Scheme. Health and Social Care Secretary Matt Hancock said “The government has increased funding for local authorities by over £30 million a month to give financial and practical support to those who have to self-isolate, helping them to avoid spreading the disease to their communities.”

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Government to legislate to rule out COVID-19 business rates appeals

The government has announced that it will be legislating to rule out COVID-19 related ‘material change of circumstance’ business rates appeals and instead will be providing a new Business Rates relief fund of £1.5 billion for businesses affected by COVID-19 outside the retail, hospitality, and leisure sectors. Retail, hospitality and leisure businesses will not be paying any rates during the pandemic until the end of June however those who have been ineligible for reliefs have been appealing for discounts on their rates bills, arguing the pandemic represented a ‘material change of circumstance.’ In response the government will legislate to rule out those appeals and will instead provide the additional funding to councils who will then be responsible for using their knowledge of local businesses and the local economy to make awards.

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Regulatory

Government confirms there will be no extension to emergency legislation regarding virtual council meetings

Emergency legislation regarding virtual council meetings in England will not be extended, the Ministry of Housing, Communities and Local Government (MHCLG) has confirmed. The decision in relation to the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020, which are set to expire on 7 May 2021, has been described as “extremely disappointing” by the Local Government Association. In a letter to principal councils in England explaining the decision, Local Government Minister Luke Hall said “Extending the regulations to meetings beyond May 7 would require primary legislation. The Government has considered the case for legislation very carefully, including the significant impact it would have on the Government’s legislative programme which is already under severe pressure in these unprecedented times. We are also mindful of the excellent progress that has been made on our vaccination programme and the announcement of the Government’s roadmap for lifting Covid-19 restrictions. Given this context, the Government has concluded that it is not possible to bring forward emergency legislation on this issue at this time.”

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Government publishes updated guidance on the safe use of council offices

After confirming its decision to let the emergency legislation expire to allow for council meetings to take place virtually in England, the Government has published updated guidance on the safe use of council buildings and face-to-face meetings. The updated guidance aims to help councils operate safely and securely using their existing powers to reduce the number of face-to-face meetings. The Ministry of Housing, Communities & Local Government has also issued a call for evidence which seeks to understand the experience of councils in the whole of the UK regarding remote meetings which will run until 17 June 2021. Mr Hall said “As the vaccine roll-out continues and restrictions are lifted, councils holding face-to-face meetings from 7 May are being given the support and guidance they need to do so in a safe and secure way. I am keen to hear from councils and local residents about their experiences of virtual meetings so that we can properly consider whether to make these a permanent option.”

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Planning and housing

Package of measures announced to revitalise England’s high streets and town centres

Housing Secretary Robert Jenrick has announced a package of measures aimed at revitalising England’s high streets and town centres. This includes new planning laws which will enable unused commercial buildings to be converted into homes through a simpler process which will replace the need for a full planning application. New planning rules will also provide a new fast track for extending public service buildings which will allow for bigger extensions to existing public buildings including schools, colleges, universities and hospitals. The new measures also include amendments to existing permitted development rights for ports so that they have the same freedoms as airports for undertaking development and amendments to the demolition permitted development right to ensure the removal of unlisted heritage assets is subject to due process and proper consultation via planning.

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£300 million extra funding for green home upgrades

The government has announced that it is providing £300 million extra funding for green home upgrades to help lower income households cut emissions and save money on bills. The funding will be delivered by councils through the Green Homes Grant Local Authority Delivery Scheme and Social Housing Decarbonisation Fund Demonstrator in order to provide low income households with green home improvements such as deep insulation, heat pumps and solar panels, in order to help cut over 70,000 tonnes of carbon from the atmosphere each year. Business and Energy Secretary Kwasi Kwarteng said “Today’s funding boost will mean even more households across England are able to access these vital grants through their local authority. This latest announcement takes our total energy efficiency spending to over £1.3 billion in the next financial year, giving installers the certainty they need to plan ahead, create new jobs and train the next generation of builders, plumbers and tradespeople.”

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Amended notice periods for seeking possession of most residential tenancies in Wales extended

The Coronavirus Act 2020 (Residential Tenancies: Extension of Period of Protection from Eviction) (Wales) Regulations 2021 (March Regulations) come into force on 31 March 2021 and amend Schedule 29 to the Coronavirus Act 2020 (CVA 2020). When the CVA 2020 came into force on 26 March 2020, notice periods in relation to possession proceedings for certain residential tenancies were extended with the aim of protecting residential tenants from eviction. The relevant period, for the purposes of these provisions, began on 26 March 2020 and was due to end on 30 September 2020. The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Wales) Regulations 2020 extended the Relevant Period in relation to Wales until 31 March 2021, and amended the notice periods set out in Schedule 29 to the CVA 2020. The March Regulations further extend the Relevant Period in relation to Wales, until 30 June 2021. The notice periods required to be given while the Relevant Period continues have not changed, however, and remain the same as currently in force.

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Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2021 come into force

The Allocation of Housing and Homelessness (Eligibility) (Wales) (Amendment) Regulations 2021 (2021 Regulations) came into force which amends the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 (2014 Regulations) by adding a new class to the classes of person who are subject to immigration control and are eligible for an allocation of housing accommodation and housing assistance. The new class includes “a person who is habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland and who has limited leave to remain in the United Kingdom as a stateless person under paragraph 405 of the Immigration Rules”. Such individuals will be excepted from the restrictions in section 160A(3) of the Housing Act 1996 and Schedule 2 to the Housing (Wales) Act 2014 that make persons who are otherwise subject to immigration control ineligible, respectively, for an allocation of housing accommodation or housing assistance.

For more information please click here.

If you have any questions about the issues raised in this update, please do not hesitate to get in touch.

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

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