Local Authority round-up 09/04/21
9th April, 2021
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
Pensions Regulator updates cross-border schemes guidance
The Pensions Regulator has updated its Brexit-related guidance for UK cross-border occupational pension schemes and UK employers that are contributing to occupational pension schemes established outside the UK. The main changes relate to the duties on a UK employer if they are using a non-UK occupational or personal pension scheme to comply with their statutory auto-enrolment (AE) obligations. The updated guidance clarifies that whether an employer can continue using an EU/EEA scheme for AE purposes from the end of the Brexit transition period on 31 December 2020 will depend on whether the scheme is an “automatic enrolment scheme” or a “qualifying scheme.” In particular, it is no longer possible for an employer to use a non-UK scheme (including an EU/EEA scheme) as an automatic enrolment scheme to satisfy its AE duties. The guidance reminds employers that it they were therefore using an EU/EEA based scheme as an automatic enrolment scheme at the end of the Brexit transition period, immediate automatic re-enrolment will have been triggered on 1 January 2021. However, if an employer’s EU/EEA or other non-UK scheme was a qualifying scheme at the end of the Brexit transition period, the employer may be able to continue using the scheme. The scheme must still meet the relevant quality requirements in the PA 2008 and other prescribed requirements for non-UK qualifying schemes. Further, the guidance reminds employers that, even if they continue using a non-UK qualifying scheme, they will also need to have an automatic enrolment scheme in place for any new joiners who meet the relevant AE criteria.
For more information please click here.
Commons Select Committee launches inquiry into scrutiny of international treaties
The House of Commons Public Administration and Constitutional Affairs Select Committee has issued a call for evidence for an inquiry into the scrutiny of international treaties and other international arrangements. The deadline for submissions is 6.00 pm on 7 June 2021. The Committee observes that, while the UK was a member of the EU, the EU had the power to negotiate and conclude treaties, which were binding on the UK. These treaties were scrutinised at EU level, and the House of Commons European Scrutiny Committee provided a forum for UK scrutiny in Parliament. Now that these scrutiny mechanisms are no longer in place, Parliament has no role in setting the negotiating objectives for an agreement, monitoring the progress of negotiations, or overseeing its implementation. The House of Commons is reliant on existing Committees being able to scrutinise treaties on a case-by-case basis. The inquiry will look at the role and purpose of treaties and international agreements in the 21st century as well as constitutional relationships and the balance between Parliament and government in developing, agreeing and implementing international treaties. It will also consider the effectiveness of current scrutiny mechanisms and whether the Constitutional Reform and Governance Act 2010 and constitutional conventions currently enable effective parliamentary scrutiny of international treaties and other agreements and whether these conventions need to be formalised. It will also consider the role of Parliament, and the House of Commons in particular, at different stages of the treaty-making and implementation process, and in relation to different types of treaties and information and resourcing requirements.
For more information please click here.
Commercial
Restart Grants scheme launches
On 1 April the Restart Grants scheme launched which will provide funding of up to £18,000 to eligible businesses. The funding will be delivered to businesses by councils to ensure it reaches those who need it as quickly as possible. BEIS Minister Paul Scully and Tourism Minister Nigel Huddleston have written to all 314 councils across England to deliver new COVID grants to businesses in good time and to take a flexible approach to updated restrictions. Councils are urged to do all they can to pay out grants money more quickly and ensure businesses in their area get the support they need by supporting pubs and restaurants to open outdoor areas.
For more information please click here.
£4 million for councils in England to help resolve conflict between parents
The Department for Work and Pension’s has announced £4 million in funding under its Reducing Parental Conflict programme which councils can now apply for. The funding is being provided to councils in order to train frontline staff who regularly come into contact with families facing conflict, so they can intervene at the right time to reduce friction between parents and help shield their children. DWP Lords Minister Baroness Stedman-Scott said “Every child deserves the best start in life and this programme aims to do just that by protecting child mental wellbeing through healthier relationships between parents – whether together or separated. The pandemic has been a difficult for everyone, with families cooped up or apart from each other for longer periods of time. That makes our work in this area all the more important and this new funding will help councils do even more to support parents.”
For more information please click here.
Regulatory
Prime Minister confirms Step 2 of roadmap will proceed
Prime Minister Boris Johnson has this week confirmed that step 2 of the government’s roadmap out of lockdown will proceed as planned on 12 April. This means that all non-essential retail will be able to reopen, including hairdressers, beauty salons and indoor leisure facilities as well as outdoor hospitality. Overnight stays from home will now also be permitted in England and outdoor attractions such as zoos and theme parks can also reopen. The Prime Minister has however confirmed that there are no changes to social contact rules and outdoor gatherings are still restriction to the rule of 6 or two households and people should continue to work from home where they can.
For more information please click here.
Planning and housing
Figures reveal majority of new homes classed as energy efficient
The majority of new homes in England are in the most energy efficient bands, according to the latest official figures published by the Ministry of Housing, Communities & Local Government. In the last quarter 84% of new homes across the country were given an energy rating of A or B, compared to 79% in the previous quarter. The figures also show that 392,000 domestic Energy Performance Certificates (EPCs) were lodged in England, an increase of 10% from the same quarter in 2019. EPCs are mandatory for domestic buildings and provide new home owners with an indicator on how energy efficient their property is and how they can save on costs. Commenting on the figures, housing secretary Robert Jenrick said “Building back greener and delivering quality energy efficient homes is a priority for this Government and these figures highlight our commitment to helping keep household bills low for people, while looking towards a more sustainable future.”
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Councils urged to make off-site affordable housing a higher priority
A new report published by the national planning and development consultancy Lichfields has said that there needs to be a greater emphasis placed on delivering affordable housing through off-site allocations by councils. The report highlights how almost 50% of English councils say they only accept off-site delivery in exceptional circumstances and also says that for many councils a key benefit of accepting off-site contributions has been that commuted S106 sums enable the delivery of a larger number of affordable houses, off-site, than would be possible on-site. Lichfields’ associate director and report author Fiona Braithwaite said “In the context of the housing crisis, it has becoming increasingly difficult to access the housing market, particularly for first-time buyers, leading to growth of the private rented sector and increased rental costs. Provision of affordable housing not only helps to address this vicious cycle, but also helps to create mixed and diverse communities and ensures a choice of housing is available.”
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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