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Local Authority round-up – 04/02/19

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

Prime Minister to continue negotiations with EU leaders

On 29 January 2019, Theresa May confirmed the Government will resume Brexit negotiations with the EU, and seek to obtain legally binding changes to the Withdrawal Agreement (WA) which deal with concerns on the backstop, while guaranteeing no return to a hard border between Northern Ireland and Ireland. Various EU leaders have suggested there will be no revisions to the deal, with European Council Donald Tusk saying: “the backstop is part of the WA, and the WA is not open for negotiation” while French President Emmanuel Macron said the agreement was “not renegotiable.” Labour leader Jeremy Corbyn has since urged Mrs May to rule out a ‘no-deal’ Brexit and to ditch her “red lines” in any upcoming talks in Brussels.

For more information, please click here and here.

Confederation of British Industry (CBI) responds to Brexit parliamentary votes

Responding to the votes in Parliament on 29 January 2019, CBI Director-General Carolyn Fairbairn, said: “this is another deeply frustrating day for British business. The never-ending parliamentary process limps on while economic impact of no deal planning accelerates.” In relation to Sir Graham Brady’s proposal, Mrs Fairbairn added: “the Brady amendment feels like a throw-of-the-dice. It won’t be worth the paper it is written on if it cannot be negotiated with the EU.” She also highlighted that “firms will welcome confirmation that a majority of MPs oppose a no-deal outcome. But rejecting a no deal doesn’t get a deal.”

For more information, please click here and here.

MPs vote on amendments to the Withdrawal Agreement

On 29 January 2019, MPs voted 317 to 301 in favour of Sir Graham Brady’s amendment seeking “alternative arrangements” to replace the Irish backstop. Another amendment, rejecting a ‘no-deal’ Brexit, also won the support of the MPs by 318 to 310, although the vote is not binding on the Government, meaning the date for exit remains 29 March 2019.  Labour leader Jeremy Corbyn said as a result of the message from MPs rejecting a ‘no-deal’ Brexit, he would now meet with Mrs May to discuss the next steps. Other amendments from Labour, the SNP, Yvette Cooper MP and Dominic Grieve MP were rejected.

For more information, please click here.

Competition Markets Authority (CMA) publishes ‘no-deal’ Brexit consultation

On 28 January 2019, the CMA published a consultation on the effects of a ‘no-deal’ EU exit on the functions of the CMA. The draft guidance explains the legal changes expected to result from EU exit and sets out how it will affect the CMA’s powers and processes for antitrust and cartel enforcement, merger control and consumer law enforcement after exit day. The draft guidance also explains the treatment of ‘live’ cases in such a ‘no-deal’ scenario, that is, those cases that are being reviewed by the European Commission or the CMA on exit day. The CMA invites comments on the draft guidance by 25 February 2019.

For more information, please click here.

Government publishes guidance on data protection law compliance post-Brexit

The Government has published guidance to help businesses and charities continue to comply with data protection law after 29 March 2019. After this date, transfers of personal data from the EEA to the UK will become restricted after exit day. The guidance therefore advises that if organisations receive personal data from other organisations in the EU, they should consider what changes they need to make to ensure that personal data can continue to flow post-Brexit. To assist this exercise, the guidance recommends that organisations use the Information Commissioner’s Office 6 steps checklist.

For more information, please click here.

We have created a Brexit checklist to assist businesses with the various challenges and opportunities presented by Brexit. Please click here to view.

Click here to view a video from Colin Hewitt, Head of the Brexit Taskforce at Ward Hadaway, discussing the importance of preparing your business for Brexit from a legal perspective.


Commercial

Government issues guidance for councils on Brexit preparations

To ensure a successful transition phase with minimal impact on council services and local people, the Ministry of Housing, Communities and Local Government (MGCLG) has issued guidance to assist councils to prepare for Brexit. The page provides a set of hyperlinks to current guidance to aid ongoing Brexit preparations. It is organised into the following areas of responsibility which will be updated and added to regularly: statutory services, regulatory services, border areas, supply chains, data handling, local partnership working, communications and regional and local growth.

For more information, please click here.

Councils to receive £56.5 million Brexit fund

On 28 January 2019, MGCLG announced that councils across England will receive a share of £56.5 million to help support their Brexit preparations. In particular, councils will receive £20 million this financial year (2018 to 2019) and £20 million in 2019 to 2020 to spend on planning and strengthening their resources. A further £10 million will be available in the next financial year, to help councils with specific costs which may arise following Brexit. Communities Secretary James Brokenshire MP, said: “I will continue to work closely with local leaders to ensure they are prepared to respond to any Brexit scenario.”

For more information, please click here.

Minister welcomes location for Rugby League World Cup 2021 tournaments

Northern Powerhouse Minister Jake Berry MP has welcomed news that around 9 in 10 (87%) Rugby League World Cup 2021 tournament games will be held in the North. Specifically, a total of 16 northern towns and cities, including Newcastle, St Helens, Doncaster, Sheffield, Liverpool, Trafford and Hull will play host to the tournament which will take place over 5 weeks in October to November 2021. Mr Berry said: “thousands of visitors will come from far and wide to enjoy the games and organisers predict the tournament will deliver £75 million of economic benefit to the UK through tourism and opportunities for local businesses.”

For more information, please click here.

Government announces funding available to help boost local areas

Jake Berry MP has announced that communities across the country can bid for up to £50,000 to help make local areas more attractive for business. The latest round of £500,000 British Improvement Districts (BIDs) Loan Fund will support business owners and local leaders to set-up a BID, which allows communities to come together to deliver the additional services and upgrade commercial areas for the benefit of business. Expressions of Interest in the Loan Fund are to be received by 8 March 2019, with completed applications by 10  May 2019.

For more information, please click here.


Regulatory

Government announces boosted protection for pregnant women and new parents

On 25 January 2019, the Department for Business, Energy and Industrial Strategy (BEIS) opened a consultation seeking views on its proposals to extend the redundancy protection of new mothers from the date they notify their employer in writing of their pregnancy to six months after their return from maternity leave. The consultation also seeks views on whether this protection should be extended to others taking similar leave, such as adoption leave and shared parental leave. This potential boost in protection builds on the biggest package of workplace reforms in 20 years to create an economy that works for all as part of the modern Industrial Strategy. The consultation closes on 5 April 2019.

For more information, please click here.

Committee calls for powers to ban councillors

According to a new report published by the Committee on Standards in Public Life (CSPL), councils should be given the power to suspend councillors without allowances for up to six months. In its report, ‘Local Government Ethical Standards’ the CSPL said: “The current lack of robust sanctions damages public confidence in the standards system and leaves local authorities with no means of enforcing lower level sanctions, nor of addressing serious or repeated misconduct.” The report sets out various other key findings and recommendations, such as employment protections for statutory officers to be extended, and for statutory officers to be supported through training on council’s governance.

For more information, please click here.

Research reveals councils are failing to ensure care workers are paid travel time

A freedom of information request by Unison has discovered that 54% of councils in England do not state in their contracts that firms must pay employees for time spent travelling between visits. A recent Unison survey of homecare workers revealed that three in five (63%) were only paid for time spent in the home of the people they care for. Unison General Secretary Dave Prentis said: “Both the Westminster and Cardiff governments should bring in a new legal duty for councils so they are clear that homecare providers must pay employees for every hour they are at work.”

For more information, please click here.

Court rules that council did not act unlawfully in refusing to allow grave edging

A Divisional Court has ruled that Walsall Metropolitan Borough Council did not act unlawfully when it refused to allow a Muslim resident to erect raised marble edging around his father’s grave. The resident challenged Walsall’s cemetery policy on the grounds that it was a breach of Articles 8 and 9 of the European Convention on Human Rights and was unjustified discrimination contrary to section 13 and 19 of the Equality act 2010. However, the court rejected all of his claims because, amongst other reasons, the judges who heard the case said they were: “persuaded that the claimant’s wish to have the marble edging in question is sufficiently linked to the underlying belief to constitute a manifestation of that belief.”

For more information, please click here.


Planning and housing

Housing Minister tightens up rules on electrical safety

Housing Minister Heather Wheeler MP has announced that renters will receive better protection under new measures designed to ensure mandatory electrical inspections are carried by competent and qualified inspectors. As part of the new measures, landlords will be legally required to ensure that the inspectors they hire to carry out safety inspections, have the necessary competence and qualifications to do so, with tough financial penalties for those who fail to comply. Ministers will also publish new guidance which sets out the minimum level of competence and qualifications necessary for those carrying out these inspections, meaning both landlords and tenants can be assured their home is safe from electrical faults.

For more information, please click here.

Organisations call for an independent review of Permitted Development Rights (PDR) 

In an open letter on PDR to the Secretary for State for Ministry for Housing, Communities and Local Government on 21 January 2019 and published on 28 January 2019, various organisations including the Local Government Association (LGA) have urged the Government to not pursue the current proposals for PDR to allow for demolition of existing buildings and replace with new residential ones, and for upwards extensions to existing buildings for new homes through a permitted development right. The organisations have called on the Government to instead to focus on delivering the affordable, high quality homes that people want and need through the local planning process.

For more information, please click here.


Upcoming seminars

HR and employment law update
Thursday 14th March 2019 (Newcastle)

Join us on Thursday 14 March 2019 to hear from Ward Hadaway’s employment specialists who will ensure that you are kept up-to-date with the latest developments in employment law.

Click here for further details and to book your place.

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.

This page may contain links that direct you to third party websites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.

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