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Local Authority round-up 21/12/18

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

MPs debate ‘no-deal’ Brexit preparations

On 19 December 2018 leaders of the devolved administrations discussed the UK’s impending exit from the European Union at a Downing Street summit. Mrs May and a team of her ministers were joined by Scottish politician Nicola Sturgeon and the newly appointed Welsh First Minister Mark Drakeford.  Mrs May said her plan “delivers for the whole of the UK”, urging others to “pull together” behind it. However, following the meeting, Ms Sturgeon said SNP MPs would not be voting for Mrs May’s deal, and called on the Prime Minister to extend the current Brexit deadline of 29 March 2019.

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White Paper sets out post-Brexit rules for migrants

On 19 December 2018 the Secretary of State for the Home Department, Sajid Javid, presented the Government’s White Paper ‘The UK’s future skills-based immigration system’ which sets out proposed new post-Brexit immigration rules before they are formalised into a Government bill. In particular, the White Paper includes the following: (1) scrapping the current cap on the number of skilled workers such as doctors or engineers from the UK and elsewhere; (2) a consultation on a minimum salary requirement for £30,000 for skilled migrants seeking five-year visas; (3) visitors from the EU will not need visas and (4) plans to phase in the new system from 2021.

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EU implements ‘no-deal’ plans

The European Commission has announced 14 temporary measures designed to limit disruption in a ‘no-deal’ Brexit scenario. The measures address 8 sectors, taking in issues such as transport and customs, data protection, animal health and plants, climate policy and key financial products. Amongst other things, the measures would temporarily allow flights from the UK into and overflying the EU to be allowed for 12 months to ensure “basic connectivity” and hauliers to carry freight by road into the EU for a 9 month period without having to apply for permits.

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British business groups criticise politicians in joint Brexit statement

With 100 days to go before the UK leaves the EU, the British Chambers of Commerce, the Confederation of British Industry, manufacturers’ organisation the EEF, the Federation of Small Businesses and the Institute of Directors have issued a joint statement on Brexit. In particular, they said: “Businesses have been watching in horror as politicians have focused on factional disputes rather than practical steps that business needs to move forward. The lack of progress in Westminster means that risk of a ‘no-deal’ Brexit is rising.”

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Prime Minister sets date for ‘meaningful vote’

Following the deferral of the vote on the UK’s Brexit deal last week, on 17 December Theresa May announced in a statement to the House of Commons (HOC) that MPs will now vote on the deal in the week beginning 14 January 2019. Mrs May also told the HOC that that she had “won fresh guarantees” at last week’s EU summit over measures to avoid a hard border on the island of Ireland and she hoped to secure “additional political and legal assurances” in the coming weeks.

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UK to remain in Common Transit Convention post-Brexit

The UK has successfully negotiated its membership of the Common Transit Convention (CTC) to remain after Brexit, ensuring simplified cross-border trade for UK businesses exporting their goods. The CTC is used for moving goods between EU member states, the EFTA countries (Iceland, Norway, Lichtenstein and Switzerland) as well as Turkey, Macedonia and Serbia. Financial Secretary to the HM Treasury, Mel Stride said: “Membership of the convention will support traders under a new trade agreement with the EU, or in the unlikely event of no deal. This gives businesses the continuity and certainty they need to plan for the future.”

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UK and Switzerland agree to transition trade agreement after Brexit

The UK Government and the Swiss Federal Council have approved the transition of a free trade agreement, marking the first and one of the most significant existing trade agreements to the UK to have been agreed. Britain has a major trade surplus with Switzerland, with exports worth £19.04 billion last year and British exports have grown by 41.1% in the last 5 years. In particular, British jewellery, precious stones and metal are the largest goods exports to Switzerland and pharmaceutical products also continue to be one of the UKs biggest exports to Switzerland, worth over £500 million in 2017.

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Information Commissioner (IC) gives Brexit advice to organisations

The IC, Elizabeth Denham, has published a blog giving advice to organisations to help them make preparations to ensure that personal data can continue to be transferred between the UK and the European Economic Area (EEA) in the event of a ‘no-deal’ Brexit. For example, she confirms that in the UK, data processing generally and transfers of personal data from the UK to the EU will continue to be governed by the GDPR at the point that the UK leaves the EU because the GDPR will be transposed into UK legislation. She also refers to a “six steps to take” guide and other guidance published by the ICO’s office to help them prepare for Brexit.

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


Commercial

Local Government Association (LGA) responds to funding announcement

Education Secretary Damian Hinds has announced that councils will receive an additional £250 million over the next two years, on top of the £6 billion already provided for the high needs budget, to provide much needed support for children and young people with complex special education needs and disabilities (SEND). Responding to the announcement, the LGA said: “We are pleased the Government has listened to our concerns and will provide an emergency injection of desperately-needed money to tackle this crisis. While the funding will help, it will only partially address the wider £472 million deficit councils are facing providing SEND support this year, which could grow to more than £800 million in 2019/20.”

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Council aims for ‘ambitious’ energy strategy

West Yorkshire Combined Authority and Leeds City Region Enterprise Partnership (LEP) have agreed an ‘ambitious’ energy strategy which aims to reduce the region’s carbon emissions. In agreeing the strategy, the Combined Authority and LEP discussed their ambition for Leeds City Region to be the first UK city region to meet the Paris Climate Agreement targets and committed to further exploration of the detailed work required to achieve this. The strategy also aims to add £11 billion to the region’s economy and create 100,000 extra jobs through investment in clean energy.

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Councils to share an extra £1.3 billion under new funding plans

Communities Secretary James Brokenshire has announced that councils in England are to share an extra £1.3 billion under the provisional local Government finance settlement which gives councils a real terms increase in core spending power for 2019 to 2020 – up from £45.1 billion this financial year to £46.4 billion. The funding allows councils to deliver the services residents need while protecting taxpayers from excessive increases in bills and forms the final year of the multi-year funding settlement accepted by 97% of councils in return for publishing efficiency plans.

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Regulatory

Government introduces workplace reforms

On 17 December 2018 the Government announced new legislation which will update workplace rights by including provisions such as the following; (1) a day one settlement of rights for all workers setting out leave entitlements and pay (2) plans to bring forward proposals for a new single labour market enforcement body to ensure workers’ rights are properly enforced (3) a package which delivers on the Government’s commitment to build an economy that works for all as part of the modern Industrial Strategy.   The announcement takes forward 51 of the 53 recommendations made by Matthew Taylor in his review of modern working practices, some of which have gone further than the review.

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To view our newsflash on workplace reforms, please click here.

Regulator announces package of reforms to tackle loyalty penalties

The Competition and Markets Authority (CMA) has announced a package of reforms to address the substantial loyalty penalty impacting millions of people. The reforms follow a ‘super-complaint’ issued by Citizens Advice Bureau, that companies penalise existing customers by charging them higher prices than new customers. A number of recommendations are being made to regulators and the Government to tackle this issue, including cracking down on harmful business practices using enforcement and regulatory powers and setting out clearly the principles businesses across all markets should follow in addition to targeted price caps to protect the people worst hit by the loyalty penalty, such as the vulnerable, where needed.

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Government launches strategy to overhaul England’s waste system

On 18 December 2018, Environment Secretary Michael Gove launched the Governments new Resources and Waste Strategy, which is intended to overhaul England’s waste system, putting a legal onus on those responsible for producing damaging waste to take greater responsibility and foot the bill. As part of the strategy, businesses and manufacturers will pay the full net costs of recycling or disposing of their packaging waste. The move will also see the introduction of a deposit return scheme, subject to consultation, to increase the recycling of single-use drinks contained including bottles, cans and disposable cups filled at the point of sale.

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Council issues ‘rogue trader’ warning following prosecution

Bromley Council has warned its residents about rogue traders, and to be on their guard in the run up to Christmas. The warning follows the prosecution of a plumber who pleaded guilty to 10 counts of fraud by false representation and was sentenced to 4 months imprisonment on each of the 10 counts to be served concurrently, suspended for 2 years. Councillor Kate Lymer said: “Unfortunately, there are some unscrupulous individuals out there prepared to rip people off – even though they work for reputable companies.” Ms Lymer also directed readers to the council’s ‘checkatrade’ website to check reputable traders in their area.

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Planning and housing

Communities Secretary announces £5 million for new ‘rough sleeping hubs’

As part of the Governments £100 million Rough Sleeping Strategy, Communities Secretary James Brokenshire has announced that 11 rough sleeping hubs will be launched across England, providing specialist support for thousands of vulnerable people. The hubs will be up and running by Spring 2019 with locations including Bristol, Derby and West London. Mr Brokenshire said: “No one should ever have to face a night on the streets, and as a Government we are taking steps to ensure people are never faced with this as their only option.”

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LGA responds to building safety and Grenfell Tower ministerial updates

The Government has outlined its plans to implement the recommendations made by Dame Judith Hackitt in her review of building regulations and fire safety published following the Grenfell Tower fire. The “Building a Safer Future” policy will mean tougher sanctions for those who disregard residents’ safety, more rigorous standards and guidance for those undertaking building work, and a stronger voice for residents. Responding to the statement, the LGA said: “We are pleased that James Brokenshire has committed to implementing these recommendations, and where necessary that Government is going beyond them as they have done with the ban on the use of combustible materials.”

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Government issues draft revised criteria for special measures

The Ministry of Housing, Communities and Local Government has laid draft revised criteria before Parliament for putting local planning authorities (LPA) into special measures. Under the revised criteria, once an LPA is put into special measures, developers can choose to submit certain applications directly to the Planning Inspectorate. The designation threshold relates to the speed and quality of decisions relating to applications for “major” and “non-major” development. Either house has 40 days to resolve that the revised criteria should not be approved.

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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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