Local Authority round-up 15/04/19

Brexit

UK and EU agree Brexit extension

The UK and the EU have reached an agreement on an extension to Article 50, which prevents the UK leaving the EU on 12 April without a deal. The so-called “flexible extension” sees Britain’s departure date extended “only as long as necessary” and “no longer than 31 October” to allow for the ratification of the withdrawal agreement. The UK “must hold the elections to the European Parliament” and if it fails to do this, the UK will leave on 1 June. Speaking at a press conference after the summit, Theresa May said the UK would still aim to leave the EU “as soon as possible”. The European Council has reiterated there can be no reopening of the withdrawal agreement negotiations.

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EU approves UK’s listed status application to assure movement of animals in a no-deal Brexit scenario

EU Member States have agreed the UK’s listed status to export live animals and animal products as a third country in a no-deal Brexit scenario. National listed status is the EU’s classification for non-Member states and the UK’s application, submitted in November 2018, has passed the high criteria on biosecurity measures for animal health and food hygiene. Without the approval, exports of animal products and most live animals to the EU could not take place in the event of a no-deal exit from the EU. It also means the movement of equines between the UK and the EU will also now continue in a no-deal scenario, offering welcome reassurance to this sector.

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Private Members’ Bill on extension receives Royal Assent

On 8 April 2019, the European Union (Withdrawal) (No. 5) Bill 2017-19 received Royal Assent to become the European Union (Withdrawal) Act 2019 (the Act). The bill was brought by Labour MP Yvette Cooper, in response to concerns that the UK might leave the EU on 12 April 2019 with no deal. The House of Commons (HoC) accepted all five Lords amendments on 8 April 2019. Section 1 of the Act requires a Government minister to move a motion in the HoC. This enables the HoC to decide whether the Prime Minister should seek an extension from the European Council and the end date requested should be the date specified by the Government in the motion, or another date.

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HM Revenue & Customs (HMRC) updates Partnership Pack

On 8 April 2019, HMRC re-published its partnership pack page as a set of communications materials for stakeholders to use. The page includes links to up-to-date detailed guidance elsewhere on the Government’s website. The partnership pack was first published in October 2018 to provide high-level guidance to a range of industries on how to prepare for a no deal EU exit. The updated page contains: links to detailed guidance elsewhere on GOV.UK for specialist areas and individuals on a range of subjects, leaflets and videos that can be shared with clients and customers and a set of social media images to use on your own social media channels.

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

Cabinet Office warns businesses to pay suppliers on time or risk losing out on Government contracts

Officials from the Cabinet Office have written to businesses – which include all of the Government’s current strategic suppliers – to remind them of new rules which come into force this Autumn, which mean suppliers who bid for Government contracts above £5 million per annum, who cannot show they are paying 95% of invoices within 60 days, could be prevented from securing Government contracts. The new measures follow further moves to level the playing field for small businesses, including an ambition to pay 90% of the Government’s undisputed invoices from SMEs within five days and requiring strategic suppliers to advertise supply-chain opportunities worth more than £5m on the Government’s Contracts Finder website.

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Government launches £3 million scheme to regenerate village halls

The Rural Affairs Minister, Lord Gardiner, and Exchequer Secretary to the Treasury, Robert Jenrick, have launched a £3 million fund to improve village halls and better connect rural communities across the country. Village hall committees are now able to apply for grants of up to £75,000 towards refurbishment and alteration of their buildings, from improvement works on existing facilities through to new meeting rooms. Applications will be assessed by a panel including Defra officials and Action with Communities in Rural England staff with extensive experience of halls and grant schemes.

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Government publishes list of Brexit Statutory Instruments (SIs) affecting councils

The Ministry of Housing, Communities and Local Government (MHCLG) has published a non-exhaustive list of Brexit SIs that have been laid and identified as having an impact on councils. A majority of these were introduced by the Department for Environment, Food and Rural Affairs and concern the environment, agriculture and animal and plant products. The MHCLG has also listed Brexit SIs that relate to food and product safety, planning and construction, childcare and child protection, and employees and operations. MHCLG has stated that the list constitutes guidance only and is not exhaustive.

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Government announces ‘Institutes of Technology’ locations

The Government has announced the locations of 12 “Institutes of Technology” in England, intended to provide high-quality skills training. The idea of introducing a network of Institutes of Technology is to create a high-quality route to gain skills and technical qualifications, comparable to going to university. The dozen include three in London, two in the west Midlands and the other six in Milton Keynes, Swindon, Durham, Exeter, York and Somerset. The institutes will each have an industry specialism, and use the expertise of relevant employers. For instance, the planned institute in Durham will involve local colleges, Newcastle University and Nissan, with a specialist in “digital advanced manufacturing”.

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Regulatory

ICO fines council for disclosing sensitive personal data

The Information Commissioner’s Office (ICO) has fined the London Borough of Newham £145,000 under the Data Protection Act 1998 (DPA 1998) for disclosing the personal information of more than 200 people featured on a police database called the gangs matrix. The database records information relating to actual and suspected members of London gangs. The council did not have any data sharing agreements, policy or guidance in place to determine how the gangs matrix should be handled and used securely. The ICO concluded that there was a serious contravention of the first (fair processing) and seventh (data security) data protection principles under the DPA 1998 by the council.

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Government announces workplace reforms

The Department for Work and Pensions has confirmed that reforms coming into effect in April this year will support those who can work to get into employment, while ensuring there is a safety net in place for those who need it. The changes include but are not limited to: (1) From 1 April, people will be able to claim up to an extra £2,000 a year to help pay for additional support that they may need in the workplace through the Government’s Access to Work scheme; (2) From 6 April, the automatic enrolment pension contribution rates will increase from 5% to 8%; and (3) 8 April will see changes to Universal Credit Work Allowances and Maternity Work Allowances.

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LGA comments on soft drinks levy

The LGA has called for a greater share of the soft drinks levy to go towards the public health budgets of councils. The levy on sugar-sweetened drinks has been in force for one year and has raised an estimated £250 million from producers. Funding from the levy currently goes towards school sports and breakfast clubs to help improve children’s oral health and to reduce incidences of childhood obesity. Councillor Ian Hudspeth of the LGA said: “Giving councils a say in deciding where the revenue from the soft drinks levy is spent will help lead to better, more innovative oral health education so that parents and children are supported to understand the impact of sugar on teeth and the importance of good oral hygiene.”

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UK to introduce world first online safety laws

The Government has launched a 12 week consultation on a package of online safety measures that supports innovation and a thriving digital economy. As part of the Online Harms White Paper, a joint proposal from the Department for Digital, Culture, Media and Sport and Home Office, a new independent regulator will be appointed to enforce stringent new standards and social media firms must abide by a mandatory “duty of care” to protect users and could face heavy fines if they fail to deliver. Other measures include new Codes of Practice, issued by the regulator, and a new ‘Safety by Design’ framework to help companies incorporate online safety features in new apps and platforms from the start.

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Planning and housing

Government publishes guidance for councils on rogue landlord enforcement

The Government has published a guidance document for councils, as part of the Government’s commitment to give greater protection to tenants, and reform the private rented sector for the better. Following the success of a nationwide programme of workshops rolled out by the MHCLG to help enforcement officers learn from one another, the guidance ensures those responsible for protecting tenants can use the powers available to them to maximum effect. The new support includes an easy to navigate digital enforcement package with online learning modules for those officers who were unable to attend the national programme.

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High street lenders sign up to digital mortgage service

One year on from the signing of the UK’s first digital mortgage deed, HM Land Registry’s digital service ‘Sign your mortgage deed’ is now being offered by major high street lenders. Atom Bank, Coventry Building Society, Clydesdale Yorkshire Banking Group, First Direct and HSBC are some of the lenders who allow their customers to use the service. As well as making it easier to re-mortgage, HM Land Registry is also looking to the future through its Digital Street research project and has successfully used a block chain prototype to show how buying a home can be made simpler and quicker.

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LGA responds to Hamptons International Housing Report

In response to Hamptons International Estate Agents’ Housing Report, Councillor Martin Tett, LGA housing spokesman, said: “Owning your own home is not an option for many families across the country. This timely report highlights how the housing crisis is pricing people out of home-owning, with first-time buyers saving for over a decade for a deposit.” He added: “[the Government] now needs to use the Spending Review to support a more affordable housebuilding offer and give councils the funding and powers to resume their historic role as major house builders of good-quality, affordable homes. The last time the country built more than 250,000 homes in a year, in the 1970s, councils built around 40 per cent of them.”

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Communities Secretary reminds developers of their legal obligation to protect wildlife

In a letter to leading developers, Communities Secretary James Brokenshire has emphasised that birds are protected under the Wildlife Countryside Act 1981, and that mitigation plans will need to show how developers will avoid or manage any negative effects on protected species during their work. The letter follows an increasing concern over netting being placed in trees and hedgerows ahead of building work near housing developments. If developers do not follow their obligations, the Secretary of State has not ruled out further action to protect our country’s valuable ecological system.

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Upcoming seminars

As you may well know we run a programme of seminars on a wide range of topics. Listed below are those seminars coming up which we feel may be of interest to you. Please click on the links for further information and to book your place. You can see our full programme of upcoming events by clicking here.

Housing Management Law School – Spring Term 2019

Join us at the next Housing Management Law School. Spring term will bring with it a brand new programme where our social housing experts will update you on the most recent news and topics that you need to know about from both a legal and practical perspective.

Tuesday 30th April 2019 (Newcastle)
Thursday 9th May 2019 (Leeds)
Thursday 16th May 2019 (Manchester)

PFI Law Update 2019

Join us at one of our annual PFI Law Update roadshows, hosted by our award-winning Public Sector team. You will be in the hands of a team acknowledged as the best advisors in this sector making these sessions essential for those seeking the latest insight into the topical issues, opportunities and risks of the PFI landscape.

Tuesday 30th April 2019 (Leeds)
Wednesday 15th May 2019 (Manchester)
Thursday 23rd May 2019 (Newcastle morning)
Thursday 23rd May 2019 (Newcastle afternoon)
Wednesday 5th June 2019 (London)

Public Sector Property Update

Join us at our next Public Sector Property update where our legal experts will ensure you are kept up-to-date with the latest developments and changes affecting property, land and estates in the Public Sector.

Wednesday 12th June 2019 (Newcastle)

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