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Local Authority round-up 28/01/19

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

MPs propose rival plans ahead of vote

MPs have started to table proposals which could change the outcome of next week’s Brexit vote on Theresa May’s proposals. The amendments follow Mrs May’s statement of 21 January 2019, which focused on alterations to the Irish backstop. An amendment put forward by Labour says MPs should be able to vote on their preferred outcome of a closer relationship with Europe, with a permanent customs union. In addition, it compels MPs to decide if there should be a further referendum on the final Brexit plan once it is approved by the House of Commons. MPs are due to vote on Mrs May’s proposals for Brexit on 29 January.

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Prime Minister gives statement on next steps in Brexit negotiations  

In her statement on 21 January 2019 to the House of Commons, Theresa May refused to rule out a ‘no-deal’ Brexit and remained clear that she would not support a second referendum. Mrs May also said her Government would be more “flexible, open and inclusive” in engaging Parliament in the negotiations with the EU, they would embed protections on worker rights and environment and finally they would work to ensure that the Northern Irish border issue is resolved in a way that both the EU and UK can support. She also announced that the Government will waive the £65 fee that millions of EU citizens were going to pay under the EU Settlement Scheme after Brexit.

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Government advises businesses to prepare for chemical use in a no-deal Brexit

The Government has issued guidance to businesses that use chemicals on the actions they should take now to minimise any disruption in the event of a ‘no-deal’ Brexit. If the UK leaves the EU on 29 March 2019 without a deal, UK businesses that manufacture or import chemicals from the EU will have to register those chemicals to a new UK regulatory system. Namely, UK REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) which will replace EU REACH and will require businesses to demonstrate how a chemical can be safely used with minimal risk to human health or environment.

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UK and New Zealand agree trade arrangement

The International Trade Secretary Dr Liam Fox has signed an arrangement which will help boost trade between the UK and New Zealand. The agreement maintains all relevant aspects of the current EU-New Zealand mutual recognition agreement on conformity assessment, which helps facilitate trade flows between the two nations, and means UK exporters can ensure goods are compliant with New Zealand’s technical regulations before they can depart the UK. New Zealand exports to the UK benefit in the same way. Mr Fox said: “This agreement provides UK and New Zealand businesses the certainty they need to continue to access each other’s markets as the UK leaves the EU.”

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Government issues advice on preparing for checks on timber post-Brexit

The Department for Environment, Food and Rural Affairs have asked timber importers and exporters to consider requirements for their business in the event of a ‘no-deal’ Brexit. In particular, businesses importing timber and timber products from the EU and EEA and placing it on the UK market will have to carry out due diligence from day one of EU Exit, to demonstrate they are importing legally harvested timber. For example, assessing the risk of timber being illegal, applying set criteria in the regulations and obtaining additional information or taking further steps to verify legality, such as testing or assessment of the supply chain.

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Shipping firm agrees to increase freight capacity

DFDS has reached agreement with Felixstowe Port to increase roll-on, roll-off capacity by more than 40% to help freight shipping after Brexit. The investment comes as suppliers on both sides of the Channel look for alternatives to Dover once the UK leaves the EU in March. Felixstowe Port’s chief executive, Clemence Cheng, confirmed the contract secures DFDS’s continued service at Felixstowe for another 15 years. Niels Smedegaard, president of the DFDS, added that the contract was “striving to provide necessary capacity to continue.”

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


Commercial

Government launches ‘Help to Save’ tool

The HMRC has launched a new app ‘Help to Save’ which lets savers set their own saving goals and personal reminders, to keep on track and maximise bonuses. In particular, it offers working people on lower incomes a 50% bonus, with a Help to Save rewarding savers with an extra 50p for every £1 saved. Over a 4 year period a maximum saving of £2,400 would result in an overall bonus of £1,200. The account is available to working people on Tax Credits and Universal Credit and 80,000 people have signed up to it to date.

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Coastal landmarks receive £1 million in Whitehall funding

The Government has announced £1 million of funding to restore coastal assets and landmarks around the Great British Coast to their ‘former glory.’ 23 projects have been awarded up to £50,000 each from the Coastal Revival Fund, including Banksy’s Pinwheel in in Weston-Super-Mare, a community project in a derelict smugglers’ inn in Cornwall, and the preservation of Blackpool’s 3 historic piers. Coastal Communities Minister Jake Berry MP, said: “We’re determined to save these historic landmarks for the benefit and enjoyment of future generations while delivering on our promise to invest over a quarter of a billion pounds into the Great British Coast by 2020.”

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Councils support airport takeover plan

All five Tees Valley councils have now confirmed they are supporting the Conservative Mayor of the Tees Valley Ben Houchen’s £40 million deal to buy Durham Tees Valley Airport and bring it back under public ownership. Authority leaders had criticised the lack of information and consultations on the plan. Sue Jeffrey, of Redcar and Cleveland Council, previously called the takeover, which reportedly loses £2 million a year, a “vanity project.” However, Middlesbrough mayor David Budd has now confirmed that he intends to vote in support of Mr Houchen’s deal, following in the footsteps of other leaders who are supporting the proposals.

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Government reveals record employment rate

New employment figures released by the Department for Work and Pensions confirm 2018 had the UK’s strongest jobs market on record with the latest updates showing: (1) UK employment rate is at an all-time high, with more people in work than ever before; (2) wage growth has outstripped inflation for the tenth month in a row and (3) the unemployment rate is 4.0%. Minister of State for Employment Alok Sharma said: “Our pro-business policies have helped boost private sector employment by 3.8 million since 2010, and as the Resolution Foundation’s latest report shows, the ‘jobs-boom has helped some of the most disadvantaged groups find employment’ providing opportunities across society.”

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Regulatory

Local Government Association (LGA) responds to draft Domestic Abuse Bill

On 21 January 2019 the landmark draft Domestic Abuse Bill was published, aimed at supporting victims and their families, and pursuing offenders. Responding to the Bill, Councillor Simon Blackburn of the LGA, said: “tackling domestic abuse is an issue that councils take very seriously which is why we support further measures to improve work with local partners to help support more victims and stop this horrendous crime.” Mrs Blackburn added:  “With local government facing a £3.1 billion funding gap in 2019/20, any legislative changes in the Bill must be matched with adequate resources and funding.”

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Newcastle named best council for LGBT staff inclusion

Newcastle City Council has been named the best council for LGBT staff inclusion, according to Stonewall’s Top 100 Employers 2019. Eight other councils also made the Top 100 list, including Nottinghamshire, Bury, Northumberland, Sunderland and Leeds City Council. Darren Towers, Stonewall’s executive director, said: “LGBT-inclusive employers play a crucial role in changing society by using their power and influence to protect and support LGBT people. With so many councils displaying such a strong commitment to LGBT equality, we are one step closer to creating a world where all LGBT employees are welcomed and accepted without exception.”

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Government launches first suicide prevention plan

The Government has published the first cross-government suicide prevention plan, which focuses on how social media and the latest technology, such a predictive analysis and artificial intelligence, can identify those at risk of suicide. The plan will be led by the Minister for Mental Health and Suicide Prevention Jackie Doyle-Price, and sets out the actions for the NHS, criminal justice system and the local government being taken up to 2020 to carry out the Government’s Suicide Prevention Strategy. Under the plan every council is expected to put an effective suicide prevention plan in place.

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Planning and housing

Council concedes defeat after judge quashes open land planning permissions

The Mayor of Liverpool has said the council will accept a High Court ruling quashing its planning permissions for a scheme including the building on an area of open land of 39 new dwellings and the conversion of a historic house into 12 apartments. Mr Justice Kerr found there was a clear conflict between the proposals and a policy in the Unitary Development Plan which says the City Council will “protect and improve the open character, landscape, recreational and ecological quality of the Green Wedges at Calderstones/Woolton and Otterspool”. Then the planning  officer’s report had been wrong to conclude otherwise, he said.

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Nursery not school for General Permitted Development Order, judge rules

The High Court, has ruled that nurseries are not the same as schools under planning legislation. The case arose after nursery Bright Horizons Family Solutions applied to Watford Borough Council for a certificate of lawful development for the installation of two linked portable cabins in its garden. Due to his interpretation of the words ‘school’ and ‘nursery’ in their ordinary meaning, the judge held that whilst some nurseries that were once part of schools might benefit from the General Permitted Development Order and be allowed to make alterations without planning consent, this did not apply generally.

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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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