Local Authority round-up 30/10/20

Brexit

Financial Services Bill 2019-21 published and introduced to Parliament

The Financial Services Bill 2019-21 (Bill) has been introduced to Parliament. The text of the Bill has been published, together with explanatory notes, and the Bill has had its first reading in the House of Commons. The Government intends to use the Bill to make extensive amendments to the legislative and regulatory framework for financial services following the UK’s departure from the EU. The Bill sets out reforms relating to prudential regulation of credit institutions and investment firms and access to financial services markets by establishing the legislative framework for the Overseas Funds Regime and the Gibraltar Authorisation Regime and make amendments to the UK Markets in Financial Instruments Regulation relating to the equivalence regime for third country investment firms. It also amends the UK Benchmarks Regulation to provide the Financial Conduct Authority with additional powers to manage an orderly wind-down of a critical benchmark and extend the transitional period for third country benchmarks.  It also deals with insider dealing and money laundering by amending the UK Market Abuse Regulation to increase the maximum sentence for criminal market abuse and amends the Sanctions and Anti-Money Laundering Act 2018. The Bill will have its second reading in the House of Commons on 9 November 2020. John Glen, Economic Secretary to the Treasury, said “this Bill is the next step in delivering a regulatory framework that boosts the competitiveness of our world-leading financial services sector and ensures that UK consumers are properly protected. It’s part of an ambitious programme to enhance the UK’s first-class standards and our attractiveness as a location for business, both of which will be crucial to help our economy bounce back.”

For more information please click here.

Frost heads to Brussels for urgent talks

The UK’S chief negotiator David Frost has gone to Brussel in order to resume talks with Michael Barnier. Talks had continued in London this week with negotiators confirming that progress had been made. Both sides have also now started work on the text of an agreement on the level playing field and are closer to finalising a joint document covering state aid however there are still differences which must remain and the EU maintains that nothing is agreed until everything is agreed. Differences still remain on enforcement of the level playing field and fishing however, they hope to be able to agree final areas in order to reach a deal as soon as possible.

For more information please click here.

Commercial

First Towns Deals announced

Secretary Robert Jenrick has announced the first seven areas across England which are set to benefit from up to £178.7 million in new Town Deals following on from the Prime Ministers announcement in July 2019 of the £3.6 billion Towns Fund. Barrow-in-Furness, Blackpool, Darlington, Peterborough, Norwich, Torquay and Warrington are the first of 101 places to be offered a Town Deal. Me Jenrick said “This Government is levelling up opportunity all across the country. We are unlocking the full potential of towns and communities, giving them the support that they need to thrive and the seven Towns Fund Deals that I am announcing today mark the start of locally designed regeneration projects across the country. Backed by £180m, we are boosting skills, job creation and connectivity in these seven towns – providing investment and confidence at a crucial time for these communities.”

For more information please click here.

MPs launch inquiry into local government finance

An inquiry examining what approach Whitehall should take to funding local government as part of upcoming spending review has been launched by MPs. The Housing, Communities and Local Government Committee will investigate the current financial health of local authorities and how this has affected their ability to deliver services. The inquiry will include the financial challenge posed by the COVID-19 pandemic, and how councils have dealt with lost income and local tax. It will also examine the impact of a one-year spending review on the ability of councils to plan and deliver services.

For more information please click here.

Government encourages councils to bid for local heritage list funding

In October 2019, the Ministry of Housing, Communities and Local Government (MHCLG) announced that all councils would be required to draw up registers of locally listed buildings. A locally listed building is a building, structure or feature felt by the council to be of local importance due to its architectural, historical or environmental significance. These buildings do not benefit from the levels of protection afforded to statutory listed buildings, but local listing means that the interest of the building is considered during the planning process. On 16 October 2020, MHCLG announced that funding would be made available to support “projects which involve a county-wide approach to developing local lists”. Ten county areas will be selected, and each will receive up to £70,000. The focus is on preparing a first local list or on improving, extending or updating existing local lists. Lists can cover all types of non-designated heritage assets, however, they must include buildings. Work on the definition of criteria, and the identification of assets for inclusion on the local list, must involve the local community. MHCLG is inviting expressions of interest from councils keen to take part in the campaign and work up projects. The closing date is 13 November 2020.

For more information please click here.

Regulatory

New enforcement powers for councils

Health secretary Matt Hancock has told the House of Commons that the Government will be working with councils over proposals to give councils new COVID enforcements powers. Under the proposals, councils would have the power to issue businesses with improvement notices and close premises which are found to be in breach of coronavirus restrictions. Currently, councils have to use general health and safety legislation in order to take action against businesses. Chair of the LGA’s safer and stronger communities board, Cllr Nesil Caliskan, said “Ensuring councils have a range of tools at their disposal will allow them to work quickly to help suppress the virus in their communities and take action before it is too late.”

For more information please click here.

Council found to have overcharged housing tenants for water

Kingston Council has lost its appeal over a High Court ruling that it overcharged tenants for water and it may now have to pay out millions in refunds. The Court of Appeal confirmed a previous judgement that Kingston Council is liable to local authority tenants for water overcharges dating back to April 1, 2002. The court unanimously ruled that the council was a water reseller rather than agency, meaning the authority failed unlawfully to pass on discounts to tenants. Judges said that there was “no real doubt” that Thames Water had supplied water to the council rather than direct to Kingston’s tenants and added that “on the main issue raised on this appeal, the judge was right.” It confirmed Mr Justice Morgan’s judgment in the same case from November 2019, which in turn adopted the same reasoning as the landmark High Court judgment in the case of Jones v Southwark London Borough Council in 2016. That case established that potentially hundreds of thousands of tenants had been overcharged for water and sewerage over decades.

For more information please click here.

Planning and housing

Guidance published for councils to tackle homelessness

New guidance for councils has been published to help ensure care leavers have the stable homes they need to prevent them from becoming homeless. The good practice guidance sets out how council housing departments and children’s services can work effectively together to support care leavers into settled accommodation and prevent them from becoming homeless through tailored support plans and early action. Children’s Minister Vicky Ford said ” “This new guidance will directly support care leavers to live independently and prevent them becoming homeless – building on the excellent work many councils are already doing for young people in care. Everyone has a responsibility – government, businesses, universities and local authorities alike – to support care leavers at this critical time in their life.”

For more information please click here.

Over £150 million allocated to provide homes for rough sleepers

Communities Secretary Robert Jenrick MP has announced that the Government will be providing more than £150 million in funding in order to provide more than 3,300 new long-term homes for rough sleepers and other vulnerable people by the end of March 2021. This will enable people who sleep rough, or at risk of sleeping rough, to be rehoused in secure, long-term accommodation, providing some of the most vulnerable in society with a permanent place to live and help to rebuild their lives. Kate Henderson, Chief Executive at the National Housing Federation, said “It’s positive that this funding has now been allocated to provide long-term homes for rough sleepers. These homes, along with support, will be vital in ensuring people who have experienced rough sleeping do not return to the streets. Housing associations will be providing many of these homes and support and look forward to working with local authorities to ensure people are helped into permanent housing.”

For more information please click here.

Upcoming webinars

The UK’s post-Brexit immigration system – recruiting and retaining talent from 1 January 2021

The UK’s new immigration system is due to be introduced from 1 January 2021 and this will apply to both EU and non-EU workers.

The way in which organisations recruit from overseas is going to change so join our immigration experts on Tuesday 3rd November at 10am for a Zoom webinar.

For further information and to book please click here.

Brexit webinar: Trading Agreements and Intellectual Property

On 3rd November 2020 at 12 pm, we will have the second in our series of Brexit webinars. Contract law specialist Steven Roper and IP expert Bill Goodwin will discuss the implications of Brexit for trading agreements and intellectual property. This will cover things such as what changes you should make to your contracts, how to deal with the legal implications of disruption to your supply chain, and enforcement of contracts against EU trading partners after 1 January 2021, as well as the impact and implications of Brexit for Intellectual Property.

Click here to register.

If you have any questions about the issues raised in this update, please do not hesitate to get in touch.