Local Authority round-up 05/03/21

Brexit

Council requests European Parliament’s consent on EU-UK trade and cooperation agreement

The Council of the European Union has asked for the European Parliament’s consent to its decision on the conclusion of the Trade and Co-operation Agreement between the European Union and United Kingdom 2020 and a security of information agreement. Following consent and the establishment of all 24 language versions of the agreements as authentic and definitive, the Council will be able to adopt the decision on the conclusion of the agreements, allowing their entry into force. The agreements were subject to a time-limited provisional application until the end of February 2020 but the EU-UK Partnership Council made an extension until 30 April 2021 to allow sufficient time to complete the legal-linguistic revision of the 24 agreements.

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UK government statement on unilateral measures relating to Northern Ireland Protocol

In a written statement to Parliament on 3 March 2021, the government announced that it is taking several temporary operational steps relating to the implementation of the Northern Ireland Protocol to avoid cliff edges, as engagement with the EU continues through the UK-EU Joint Committee. For supermarkets and their suppliers, the current scheme for temporary agri-food movements to Northern Ireland will continue until 1 October 2021. Certification requirements will then be introduced in phases alongside the roll-out of the digital assistance scheme. Further guidance will be provided on parcel movements from Great Britain to Northern Ireland to provide additional time for traders beyond 1 April 2021. Guidance will be provided to help address practical problems on soil attached to the movement of plants, seeds, bulbs, vegetables and agricultural machinery. The government will write to the Northern Ireland Executive to confirm that flexibilities within the Official Controls Regulation 2017/625 are such that no charging regime is required for agri-food goods.

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EU Vice-President responds to governments announcement on Northern Ireland Protocol

Following the announcement from the UK government that it is taking temporary operational steps relating to the implementation of the Northern Ireland Protocol, European Commission Vice President Maroš Šefčovič issued a statement in which he expressed the EU’s strong concerns over the UK’s unilateral action. He stated that this amounts to a violation of Northern Ireland Protocol provisions and the good faith obligation under the withdrawal agreement, and undermines mutual trust and the work of the Joint Committee. Vice-President Šefčovič, in his capacity as co-chair of the Joint Committee, said that he would inform the UK co-chair David Frost that the European Commission will respond to these developments in accordance with the legal means established by the withdrawal agreement and the trade and co-operation agreement.

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Video: Crossing Brexit borders – the impact on importers and exporters

The second in our series of post-Brexit webinars looks at the impact of Brexit on importers and exporters. We brought together a panel of experts to talk about the impact on cross border trade for businesses, what the threats are, and what potential opportunities might exist.

Click here to view it.

Commercial

Chancellor delivers 2021 budget

Chancellor of the Exchequer Rishi Sunak delivered the 2021 budget on 3 March 2021 in which he set out a three-point plan to protect jobs and strengthen public finances. The plan is to provide billions to support businesses and families through the pandemic, investment-led recovery as UK emerges from lockdown and future changes to strengthen public finances. He extended the Coronavirus Job Retention Scheme to September and announced that the Self-Employment Income Support Scheme will continue with a fourth and a fifth grant which will be available in April and September. The business rates holiday for retail, hospitality and leisure properties in England has been extended for a further three months from 1 April and the temporary 5% reduced rate of VAT until 30 September 2021. He also announced a new £5 billion Restart Grant scheme to help the high street, which will provide businesses with grants of up to £18,000 and a new Recovery Loan Scheme which will replace the existing government guaranteed schemes which close at the end of March. He also announced a new mortgage guarantee scheme in order to assist people buy homes under which buyers can secure a mortgage of up to £600,000 with a low 5% deposit. He also announced additional funding will be given to the devolved administrations in 2021-22 with Scotland to receive £1.2 billion, Wales £740 million and the Northern Ireland Executive will receive £410 million.

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£100 million funding for weight management services

The Government has announced £100 million funding to help adults and children achieve and maintain a healthier weight. The funding includes over £70 million which will be allocated to councils and the NHS to provide weight management services such as digital apps, clinical support or weight management groups. The remaining £30 million will be used to help people maintain a healthy weight, including access to the free NHS 12 week weight loss plan app and to provide upskilling for healthcare professionals to support those in early years and childhood with intervention and enhanced training packages. Health and social care secretary, Matt Hancock, said “These measures will allow us to work with local authorities and optimise different areas of our healthcare services to encourage healthy behaviours for all. The urgency of tackling obesity has been brought to the fore by evidence of the link to an increased risk from COVID-19, so it’s vital we take action on obesity to protect the NHS and improve our nation’s health.”

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Regulatory

Proposals for councils to have powers on unused high street buildings

Labour is proposing a new law that would allow councils to take over empty shops and reopen them without consent from the property’s owners in a bid to revive the UK’s struggling High Streets. The policy would see councils work with owners to bring empty shops back into use after 12 months of vacancy. If this is not successful then councils would have the power, after 12 months of the property being vacant, to repurpose the commercial properties and turn them into residential properties under new planning rules. Shadow chancellor Anneliese Dodds said “Labour’s plan would help secure the future of the high street. It would give local communities a proper stake in their town centres, support new businesses to open up on our high streets and help rebuild our economy post-pandemic.”

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Planning and housing

Court upholds ruling on order diverting footpath round garden of private house

The Court of Appeal has dismissed an appeal brought by the Open Spaces Society (OSS) against the Secretary of State for Environment, Food and Rural Affairs over a 228 metres section of a path from Great Rollright, Oxfordshire. An order was made by Oxfordshire County Council to divert the path so that it no longer ran through the garden of a private house but would instead be just outside. The OSS objected but an inspector appointed by the Secretary of State confirmed it as being expedient in the interests of the house owner and not substantially less convenient to the public. Lewis LJ said the appeal concerned the proper interpretation of section 119(6) of the Highways Act 1980, which deals with the process for confirmation of an order diverting a public footpath, bridleway or restricted byway. Lewis LJ said “As a matter of language, the question at the third stage of the process of deciding whether to confirm a public path diversion order is whether the decision-maker is satisfied that ‘it is expedient to confirm the order’ and, in considering that question, ‘having regard to the effect’ of the order on the three matters specified in [the 1980 Act]. That language indicates that the effect of the order on those matters must be taken into account in deciding the question of expediency. There is nothing in the language of the sub-section to indicate that other considerations, if relevant, cannot also be taken into account in deciding whether confirmation of the order ‘is expedient’.”

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