Local Authority round-up 11/02/19

Brexit

Suggestions of further Brexit delays

Despite Theresa May having returned to Europe to attempt to achieve a deal that would appease the disagreement in parliament, it is thought that any renegotiated deal may not be put to MPs until late March. Consequently, in that situation it is likely that an extension to the Article 50 period will be required. In relation to this, one European representative explained: “If the British asks for an extension of two or three months and there are reasons for that, I think there’s a good chance that the member states would accept that unanimously”.

For more information please click here.

Prime Minister defends Brexit strategy

Speaking from Belfast on 5 February 2019, Theresa May reaffirmed her “unshakeable” commitment to avoid a hard border in Ireland and to not remove the backstop from her Brexit deal. She further added that: “If the future relationship is not in place by the end of the implementation period, there will be arrangements to ensure no hard border.” Mrs May’s visit to Belfast follows the House of Commons vote on 29 January in favour of her seeking “alternative arrangements.” Downing Street said she is looking at three options for changes to the backstop: finding alternative arrangements, imposing a time limit or adding an exit clause.

For more information, please click here and here.

MPs discuss ‘alternative arrangements’ to the Irish backstop

On 4 February 2019, the Alternative Arrangements Working Group, with leave and remain MPs, met for the first time after the House of Commons vote on 29 January. A Government spokesperson said the talks had been “detailed and constructive.” The group will hold regular meetings with Brexit secretary Stephen Barclay, as well as the senior Government officials from HMRC, Cabinet Office Europe Unit and Number 10. Alternatives to the backstop that Mrs May said she wants to discuss with EU leaders include: (1) “trusted trader” scheme to avoid physical checks on goods flowing through the border; (2) “mutual recognition” of rules with the EU and (3) “technological” solutions.”

For more information, please click here.

Government issues guidance on food and drink labelling in a ‘no-deal’ scenario

The Government has published updated guidance which confirms that in the event of ‘no-deal’ Brexit, there are some technical changes to food and drink labels that will be required from day one. For products placed on the UK market after 29 March 2019, these changes include: (1) the EU emblem must not be used on goods produced in the UK unless a company has been authorised by the EU to do so; (2) the EU organic logo must not be used on any UK organic products, unless the UK and EU reach an equivalency arrangement – where both still recognise each other’s standards – before exit day; and (3) it will be inaccurate to label UK food as origin ‘EU’.

For more information, please click here.

HM Revenue & Customs announces simplified procedures for customs declarations

HMRC has announced that customs checks at Channel ports will be simplified for at least a year if Britain leaves the EU without a deal. Under ‘transitional simplified procedures’ it will be easier for importers to import goods from the EU using roll on roll off locations such as Dover or the Channel Tunnel. Importers would file a very short customs form, or ‘simplified frontier declaration’, only two hours prior to a lorry crossing the Channel by ferry, or one hour crossing by the Channel Tunnel, without the need to make customs declarations. Charlie Elphicke, Conservative MP for Dover, called the plans a “common sense move.”

For more information, please click here and here.

HMRC publishes letters on ‘no-deal’ Brexit advice

HMRC has written to 145,000 VAT-registered businesses across the UK, including Northern Ireland, which only trade with the EU. The letters, which are published on their website, explain changes to customs, excise and VAT in the event that the UK leaves the EU without a deal, and what businesses can do to prepare. HMRC said it will also continue to engage with businesses, representative organisations, intermediaries and infrastructure providers to ensure they have the information and support they need. It also reminds businesses that they can keep up-to-date with these changes by registering for HMRC’s EU Exit update service.

For more information, please click here.

Government guidance looks at CE marking in a ‘no-deal’ Brexit scenario

On 2 February 2019, the Government published guidance for using the UK Conformity Assessment marking if the UK leaves the EU without a deal. In a ‘no-deal’ scenario, the EU will stop recognising the competency of UK-based Notified Bodies to assess products for the EU market.  Therefore, manufacturers using UK-based Notified Bodies to assess products against the requirements of EU law will no longer be able to apply the CE marking. However, the Government intends to reclassify UK Notified Bodies as UK Approved Bodies, which will be eligible to assess products against relevant UK requirements and issue the UK marking to compliant products.

For more information, please click here.

Foreign and Commonwealth Office (FACO) clarifies sanctions policy in a ‘no-deal’ scenario

On 1 February 2019, the FACO published a technical notice explaining how the UK would implement sanctions if the UK leaves the EU without a deal. At present, the UK is legally required to implement and enforce sanctions regimes agreed by the UN Security Council, and, as a member of the EU. Often known as “restrictive measures” these sanctions impose immigration, trade, financial and transport restrictions. The FACO confirmed that the Government will  look to carry over all EU sanctions through new legislation, in the form of regulations. The new legislation will provide the legal basis for the UK to impose, update and lift sanctions after leaving the EU.

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.

Commercial

Councils to benefit from increased funding for core services

On 5 February 2019, MPs voted in favour of this year’s local government financial settlement. Under the settlement, councils in England will benefit from increased funding for core services including additional support for the most vulnerable in society. Councils’ core spending power will rise in 2019 to 2020 by £1.3 billion, taking councils’ funding to £46.4 billion. It also includes extra funding for local services with a strong focus on greater support for adult and children’s social care, supports and rewards economic growth, and sets out reforms for a sustainable path for the future funding model for local government.

For more information, please click here.

Ministry sets up network to aid Brexit preparations

The Ministry of Housing, Communities and Local Government has set up a network of nine council chief executives across England as part of preparations for the UK leaving the EU. The Ministry said the chief executives would engage with councils in their region “to share information on preparations to support an orderly exit.” It added that the chief executives would simultaneously be kept informed on national policy on EU exit that could have implications for local services, businesses and residents.

For more information, please click here.

£48 million investment to reduce bus emissions across the UK

On 6 February, Minister Nusrat Ghani announced a £48 million investment from the Office for Low Emission Vehicles which will fund new green vehicles and infrastructure to drive forward Government plans to clean up the air in towns and cities. 19 successful bidders across England and Wales will receive the funding to purchase the new buses and supporting infrastructure, such as charge points. Mrs Ghani said: “This government is doing more than ever before to reduce emissions across all modes of transport and I’m delighted to see the bus industry putting itself at the forefront of this.”

For more information, please click here and here.

Local Government Association (LGA) launched spending campaign

On 1 February, the LGA launched its campaign to influence the forthcoming Spending Review, by highlighting the growing risk to vital local services if the Government does not take action to secure the financial sustainability of councils. With councils in England facing an overall funding gap of £8 billion by 2025, the LGA fears that, amongst other issues, communities may suffer the loss of leisure and cultural facilities, fewer bus services, and unkempt parks and green spaces without Government investment in under-pressure council services.

For more information, please click here.

Regulatory

Report calls for “radical overhaul” of consumer rights enforcement system

A report published by Which? claims that the current structure for consumer enforcement is far too reliant on “increasingly overstretched” local authority Trading Standards Services and is “on the verge of collapse.” The consumer rights group calls in the report for the responsibilities of the Competition and Markets Authority to be expanded to create a Consumer and Competition Authority, which would proactively lead on the enforcement of consumer rights and fair trading law. The report claims that the need for fundamental change was reinforced by Brexit, and further urges the Government to give fining powers to consumer enforcers.

For more information, please click here.

Ombudsman urges councils to check their parking policies  

The Local Government and Social Care Ombudsman (LGSCO) has urged councils across England to ensure they are using the correct legislation to issue parking fines at country parks. The call follows an investigation into Kent County Council which found that the council wrongly thought it could make a penalty charge under the Protection of Freedoms Act 2012, designed for private land, because the charge was being enforced by a private contractor. The council said that it had accepted the LGSCO’s decision in the case, even though its legal advice was that its enforcement processes were correct.

For more information, please click here.

Children’s Commissioner calls for compulsory home education register

A report published by the Children’s Commissioner examines the increasing number of children who are being home schooled, noting that while there are many parents who make a positive philosophical choice to educate their children at home, and do an excellent job, this is not always the case. She notes there are tens of thousands of children in England receiving no school education, with many of them “off-grid”, invisible to councils. She calls for a compulsory home education register, stronger measures to tackle “off-rolling”, more support for families who home educate, a greater oversight of home schooled children and decisive action against unregistered schools.

For more information, please click here.

Regulator issues fines and assessment notices to Leave.EU and Eldon Insurance

On 1 February 2019, the Information Commissioner’s Office (ICO) confirmed that it has issued fines totalling £120,000 against Leave.EU Group Limited (Leave.EU) and Eldon Insurance Limited for serious breaches of regulation 22 of the Privacy and Electronic Communications (EC Directive) Regulations 2003, involving the unlawful sending of direct marketing emails. In addition to the monetary penalty notices, the ICO issued assessment notices to both parties to inform them that they will be audited by the ICO to assess each organisation’s data protection practices. Eldon Insurance has also been issued with an enforcement notice by the ICO, ordering it to take steps to ensure that it complies with electronic marketing regulations.

For more information, please click here.

Planning and Housing

Planning Inspectorate (PINS) considers definition of “village”

PINS has refused planning permission for two dwellings in the green belt in Staffordshire. The local planning authority (LPA) considered the development to be inappropriate development in the green belt, having regard to the National Planning Policy Framework (NPPF). The NPPF states that an LPA should regard the construction of new buildings as inappropriate in the green belt, unless the development falls within one of the listed exceptions, one of which allows for limited infilling in villages. The inspector, looking at the Oxford Dictionary definition of “village”, considered that the appeal site fell within a hamlet and not a village. Therefore, the exception relied upon did not apply and the appeal was dismissed.

For more information, please click here.

Land Registry announces trial to reduce application enquiries

The Land Registry (LR) has announced a trial aimed at reducing the number of application enquiries (requisitions) it sends. The trial begins on 4 February 2019 and will last for three months. In this period, the LR will delay sending requisitions for three weeks for straightforward applications to update the register. The trial will cover applications such as registering a charge, registering a discharge and a charge, or a registering a discharge, transfer of whole and a charge, if there are no complicating factors. The LR advises practitioners to submit any missing discharges, certificates or consents to the LR as soon as possible, rather than waiting for requisitions to be sent.

For more information, please click here.

Minister issues directions to councils over Local Plan failure

Wirral Council and Thanet District Council are to face Government intervention after Communities Secretary James Brokenshire wrote to the councils regarding their “lamentable” failure to draw up a local housing plan. All of England’s 338 planning authorities are required to publish local plans detailing their development strategies, but Thanet’s last adopted local plan was in 2006 and Wirral’s was in 2000. Mr Brokenshire said Wirral Council’s “consistent failure” to meet targets had left the council reliant on policies from 19 years ago. He has now directed both councils to designate a lead councillor to the issue and publish an action plan within the next 10 weeks, and must also send monthly reports to the government on progress.

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.