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Local Authority round-up – 21/01/19

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

Prime Minister wins no-confidence vote

On 16 January 2018 Theresa May survived a no-confidence vote by 325 votes to 306. The motion was tabled by Labour leader Jeremy Corbyn following the Government’s rejection of the Withdrawal Agreement. Speaking after the results were announced, Mrs May said she would immediately invite other parties to hold talks with her with a “constructive spirit” and added that she would: “continue to work to deliver on the solemn promise to the people of this country to deliver on the result of the referendum and leave the European Union.” She must now present a plan for EU withdrawal to Parliament by 21 January.

For more information, please click here and here.

House of Commons (HOC) rejects Withdrawal Agreement in ‘meaningful vote’

On 15 January 2019, in the “meaningful vote” the HOC rejected the Government’s approval motion concerning the draft Withdrawal Agreement and future relationship framework (political declaration) by 230 votes. Without ratifying the agreement, or another mechanism that would delay or annul the process, the UK is scheduled to withdraw from the EU on 29 March 2019 on a ‘no-deal’ basis, but the defeat changes the manner of that departure, and the timing of it, into further doubt. MPs who want either a second referendum, a softer version of the Brexit proposed by Mrs May, to stop Brexit altogether or to leave without a deal, will now ramp up their efforts to get their desired outcome.

For more information, please click here and here.

European Council President issues letter to Prime Minister

On 14 January 2019, European Council President Donald Tusk and European Commission President Jean-Claude Juncker sent a joint letter to Theresa May, on the draft Withdrawal Agreement and the political declaration setting out the future relationship framework (political declaration) between the UK and EU. The letter sought to clarify understanding of the agreement and framework between the EU and UK to facilitate ratification of the same by the Parliament of UK. The joint letter was issued in response to a letter by Mrs May to Mr Tusk and Mr Juncker of the same date.

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UK to confirm membership of Trade Facilitation Agreement post-Brexit

The Government has announced its intention to lodge an instrument of continued acceptance at the World Trade Organisation (WTO) to confirm its membership of the WTO’s Agreement on Trade Facilitation, adopted by way of a Protocol amending the Marrakesh Agreement (establishing the WTO) after leaving the EU. The agreement has been in force since February 2017 and is intended to facilitate the cross-border movement of goods by improving transparency and streamlining customs procedures. However, the UK’s continued acceptance of the agreement is unlikely to have any immediate practical consequences for UK businesses. It will primarily benefit the importers and exporters of developing countries, as their Government’s come to implement it.

For more information, please click here.

Government publishes preparations for hauliers driving in the EU after Brexit

The Government has published preparations, expanding on the driving, road haulage and coach services technical notices published in September 2018, which outlines what private and commercial drivers from the UK may need to do when the UK leaves the EU on 29 March 2019. From 28 March 2019, drivers from the UK will need extra documentation to drive in the EU and EEA. This includes registering certain trailers with the Driver and Vehicle Licensing Agency and carrying a trailer registration certificate. In the event that the UK leaves the EU without a deal, UK drivers may also need an international driving permit to drive in the EU and EEA.

For more information, please click here and here.

Department for Business, Energy and Industrial Strategy (BEIS) publishes update

BEIS has published an update which informs businesses of the steps it is taking to prepare for the UK leaving the EU, and is working to ensure that businesses have the information they need to prepare. BEIS reminds businesses of the information they can access on a range of measures they may need to take in order to prepare, including the Government’s guidance available in the event of a ‘no-deal’ and its business readiness website, which includes tools to enable businesses to find out: (1) what their business will need to do for the UK leaving the EU; (2) what is changing in their industry and (3) information on specific rules and regulations.

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

Council proposes ‘tourist tax’

Edinburgh City Council has proposed a new Transient Visitor Levy to include a 2% or £2 per room per night charge on all forms of accommodation. A consultation on the proposals shows 85% of the public and 51% of accommodation providers strongly support the plan, with most respondents (47%) saying the charge should be a flat rate per night. Commenting on the new tax, leader of the council, Adam McVey, said: “As a council, we have a strong track record of investing in and supporting our cultural offering and heritage – but as the demands on our city increase, we will need a secure additional source of funding to sustainably invest in and manage the impact of this growth.’

For more information, please click here.

New online tool to help schools save thousands on recruitment costs

Education Secretary Damien Hinds has launched an online tool which will clearly show the fees recruitment agencies charge on top of staff wages, so school leaders know what service they are receiving for their money. It will also help schools avoid agencies that charge fees for making temporary staff permanent. Lord Agnew, Parliamentary Under-Secretary of State for the School System, is writing to all schools in England to let them know about the online tool, which has been developed with the Crown Commercial Service.

For more information, please click here.

Consultation seeks views on how to fund flood risk projects

Communities Secretary James Brokenshire MP has welcomed a consultation by the Department for Environment, Food and Rural Affairs (Defra), which is seeking views on how to fund flood risk projects at a local level to help the country better manage the long-term risk of floods. Defra invites comments on its proposals for improving long-term planning of water resources and drainage. It also seeks views on proposals to modernise water regulation and to begin discussions around funding to deal with flooding and coastal erosion.

For more information, please click here.


Regulatory

Report calls for MHCLG to adopt a stronger leadership role

The National Audit Office (NAO) have released a report which calls for the MHCLG to adopt a stronger leadership role to help councils cope with increasing financial and demanding pressures. Since 2010 local Government’s real-term spending power has reduced by a third while demand in social care has increased dramatically, leading to more than 60% of single tier and county councils overspending their service budgets over the last year, the NAO said. The NAO also added that these challenges require good governance arrangements, but spending by councils to support this had fallen by a third over the last nine years.

For more information, please click here.

London borough acted unlawfully in dismissing three housing officers, tribunal rules

The East London Employment Tribunal has handed down a judgment finding that London Borough of Barking and Dagenham acted unlawfully when it dismissed three housing officers in Summer 2017. The tribunal ruled that their jobs were not redundant, as the council had stated, and concluded that one of the claimants, who had worked for the council for 18 years, had been discriminated against on grounds of race by a senior member of the management team. The further claimants were found to have been discriminated against due to the part-time nature of their roles, one being on the grounds of disability. A hearing on 18 and 19 March 2018 will determine the level of compensation.

For more information, please click here.

Environment Secretary launches Clean Air Strategy 2019

Environment Secretary Michael Gove has launched an “ambitious” strategy to clean up our air and save lives. In particular, the strategy sets out a long-term target to reduce people’s exposure to particulate matter which the World Health Organization (WHO) has identified as being the most damaging pollutant. The UK is the first economy to adopt air quality goals based on WHO recommendations, going far beyond EU requirements. Mr Gove said: “Our ambitious strategy includes new targets, new powers for local government and confirms that our forthcoming Environment Bill will include new primary legislation on air quality.”

For more information, please click here.

Government sets out increased pension protection for outsourced council workers

The MHCLG has published a consultation document outlining its proposals for extending the Fair Deal guidance (which applies to the pensions aspects of most public to private sector outsourcings) to transfers involving the Local Government Pension Scheme (LGPS). The new consultation proposals include draft amending regulations that will: (1) require service providers to offer LGPS membership to individuals who have been compulsorily transferred from an LGPS employer and (1) provide for the automatic transfer of LGPS assets and liabilities when employers in the scheme are involved in a merger or takeover. The consultation runs until 4 April 2019.

For more information, please click here.


Planning and housing

Local Government Association (LGA) responds to rogue landlord funding

On 14 January 2019 the Ministry of Housing, Communities & Local Government (MHCLG) announced that more than 50 councils across the country will share nearly £2.4 million of extra funding to crack down on rogue landlords. Responding to the funding, Councillor Judith Blake, Housing spokesperson for the LGA, said: “Councils want to support a good quality local private rented offer in their communities, but can be held back by significant funding pressures and uncertainty. It is therefore good that the Government has announced a funding boost for councils to help ensure the small minority of rogue landlords improve [their] standards.”

For more information, please click here.

Commission outlines need for more than 3 million new social homes

More than 3 million new social homes are needed to tackle the housing crisis over the next 20 years, according to a new report from Shelter’s Independent Social Housing Commission. The report asks the Government to invest in a major 20-year housebuilding programme which would include 1.27 million homes for those in the greatest housing need, 1.17 million homes for ‘trapped renters’ and 690,000 homes for older private renters. Analysis for the commission shows it would cost the Government £10.7 billion a year during the construction phase of the programme, but two-thirds of this could be recouped through housing benefit savings and increased tax revenue each year.

For more information, please click here.

Government consults on statutory guidance for social housing

The MHCLG has published a consultation on proposed statutory guidance intended to improve access to social housing for members of the armed forces. The proposed guidance would replace the existing statutory allocations (2012 and 2013) and replace these with a single standalone piece of guidance. The guidance would also set out how councils can identify applications from members of the armed forces and veterans and proposes that councils include questions on their housing application forms asking whether an applicant is, or has ever been, a member of the armed forces or serves as another members of the armed forces community.

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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