Local Authority round-up 15/01/21

Brexit

Traders urged to ensure they are prepared for new requirements

Michael Gove has urged traders to ensure they are fully ready for the new export rules which are in force. Exporters are now required to provide documentation including export declarations and the extra certificates needed for products like plant and animal products to export goods to the EU and, as a result of COVID-19, hauliers heading to Kent must also get a negative Covid test and obtain a Kent Access Permit before heading to port. Businesses are being urged to ensure they are complying with the new rules and procedures to prevent delays and avoid fines. Failure to secure either a test or Kent Access Permit will mean the driver cannot cross the border and will be fined £300. Mr Gove said “We have always been clear there would be changes now that we are out of the customs union and single market, so full compliance with the new rules is vital to avoid disruption, and the best way to ensure readiness is to follow the guidance on gov.uk and use the ‘Check an HGV’ service.”

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Northern Ireland faces food supply issues post Brexit

Northern Ireland is facing a shortage on some food products as a result of new measures following the UK’s departure from the EU. Whilst Great Britain has now left the EU, Northern Ireland remains part of the EU’s single market for goods which means that food products entering Northern Ireland from Great Britain need to be professionally certified and are subject to new checks and controls at ports which are causing significant delays and disruption and leading to shortages in supermarkets. The chief executives of Tesco, Sainsbury’s, Asda, Iceland, Co-Op and Marks & Spencer have written to Michael Gove requesting that “urgent intervention” is needed by the government to prevent further issues. The government said a new dedicated team has already been set up and will be working with supermarkets, the food industry and the Northern Ireland Executive to develop ways to streamline the movement of goods.

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Standard Contractual Clauses for personal data imports and exports to and from the UK: an update

Following the expiry of the transition period on 31 December 2020, the UK’s rules on transferring personal data outside the UK have changed. For personal data transfers to and from the EEA, the rules will continue as they were before 1 January 2021 until either (i) the European Commission adopts an adequacy decision in respect of the UK; or (ii) at the latest, six months from the date the EU-UK Trade and Cooperation Agreement came into force (i.e. 30 June 2021).

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Commercial

Further funding announced to support rough sleepers

Communities Secretary Robert Jenrick has announced that the government will be providing a further £10 million in funding for all councils in England in order to provide extra support to protect rough sleepers. All councils in England will receive new funding in order to step up their efforts to accommodate rough sleepers and they will need to recontact anyone who has previously refused help. They will also be required to ensure that rough sleepers are registered with a GP so they can be contacted regarding a COVID-19 vaccination in line with the priority groups outlined by the Joint Committee on Vaccination and Immunisation. Steve Douglas CBE, Chief Executive of St Mungo’s, said “We welcome this response and will work with our local authority and health partners to provide both the immediate accommodation and the health care advice that is needed to protect lives.”

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Funding to develop local health partnerships in six areas

Coventry, Croydon, Gloucestershire, Leeds, Newham and Plymouth will all receive grant funding of up to £500,000 from The National Lottery Community Fund as part of a programme aimed at tackling health inequalities and improving the wellbeing of local communities. Under the programme, councils, the NHS and the voluntary and community sector will work together to discuss how they can tackle health inequalities in the relevant areas. Elly De Decker, England director at The National Lottery Community Fund, said “This funding, raised by players of the National Lottery, will give voluntary and community organisations the much needed time and flexibility to build strong partnerships in their area to shape local health and care plans, thus unlocking their local knowledge and expertise for wider benefit.”

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Regulatory

Ombudsman reminds councils to consider exceptional circumstances of people fleeing domestic abuse

The Local Government and Social Care Ombudsman has reminded councils not to adopt allocations criteria that disadvantage domestic abuse victims following an investigation into Wandsworth LBC who did not consider relaxing its local area connection criterion when assessing a woman who had moved to escape an abusive partner. Following the investigation the Ombudsman found the council should have offered the woman interim accommodation and accepted it had a duty to rehouse her. Local Government and Social Care Ombudsman, Michael King, said “Statutory guidance says councils should not adopt allocations criteria that disadvantage people fleeing an area because of domestic violence. This has also been extended to people who have recently arrived in an area because of domestic violence.”

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Planning and housing

Welsh Government consults on residential building safety reforms

The Welsh Government has published a Building Safety White Paper and started a consultation on its proposed reforms. The proposals build on a Building Safety Expert Group report published in March 2019 and the government’s June 2020 position statement. They follow a similar approach to the UK government’s building safety proposals set out in the draft Building Safety Bill and the WG will use powers granted to it under that draft legislation to implement its reforms. The WG’s proposed regime reflects the draft Building Safety Bill’s concept of a “golden thread” that flows throughout the life of a building, from design and construction to occupation. It also envisages new duty holder roles similar to those set out in the draft Bill. However, the WG’s proposals are not identical to those for England. Most significantly, the Welsh regime will cover any building containing two or more dwellings. While the strictest requirements will apply only to buildings of 18 metres or more in height, all buildings containing two or more dwellings will need to have an “accountable person” and an annual fire risk assessment. The regime will cover flats, maisonettes and houses in multiple occupation although there are several exceptions, such as prisons, hospitals, care homes and hotels. It will not apply to individual dwellings. The consultation ends on 12 April 2021.

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Restrictions on residential evictions to continue in England until 21 February 2021

The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (SI 2021/15) came into force on 11 January 2021 which legally implements that restrictions on residential evictions in England will continue until at least 21 February 2021. These new regulations prevent attendance at a residential property for the purpose of executing a writ or warrant of possession, or delivering a notice of eviction, subject to certain exemptions. The exemptions are the same as those contained in the Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020 (SI 2020/1290) (Previous Regulations), except that the substantial rent arrears exemption has been widened. Under this, evictions will still be able to proceed where the court is satisfied that the notice, writ or warrant relates to an order for possession made against trespassers to which CPR 55.6 applies, wholly or partly on the grounds of anti-social behaviour, nuisance, domestic violence or false statements and on the death of the tenant where the person attending is satisfied that the dwelling house is unoccupied. Possession orders can still be enforced where a possession order was granted on the grounds of substantial rent arrears. However, the minimum amount of rent that must be outstanding has been reduced from nine to six months’ rent, and the arrears can now have accrued at any time and not just before 23 March 2020.

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NAO investigates rough sleeping

The National Audit Office (NAO) has published a report “Investigation into the housing of rough sleepers during the COVID-19 pandemic” which establishes the facts on how the government has provided accommodation for rough sleepers during COVID-19. It reports that the Ministry of Communities, Housing and Local Government swiftly provided emergency housing for rough sleepers during the first wave of the COVID-19 pandemic. It however raises issues that need to be addressed if the government is to achieve its goal of ending rough sleeping by the end of March 2024.

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