Queen's Speech: key measures affecting local government and the public sector

June 4, 2014

The Government looks set to press ahead with its controversial plans to transfer statutory responsibility for the local land charges register and delivery of local land charges searches to the Land Registry after including a Bill containing the proposal in today’s Queen’s Speech.

Other significant changes affecting local authorities and the public sector include proposed legislation:

improving the ability to recover criminal assets by amending the Proceeds of Crime Act 2002;
extending the scope of Serious Crime Prevention Orders and gang injunctions;
stopping “highly paid” public sector employees from keeping redundancy payments “when they come back to the same part of the public sector within a short period of time”;
discharging, upon application, certain types of planning conditions if a local authority has not notified the developer of their decision within a prescribed time period;
making it explicit that cruelty which is likely to cause psychological harm to a child is an offence;
ensuring small firms are provided with fair access to the £230bn spent in the form of public procurement contracts;
providing for the holding of local elections to national park authorities in England and the Broads Authority;
creating a statutory duty for public bodies including the police, local authorities and immigration personnel to notify the National Crime Agency about potential victims of modern slavery. This will sit alongside new slavery and trafficking prevention orders and risk orders;
subject to consultation, the development of gas and oil from shale and geothermal energy by clarifying and streamlining the underground access regime.

The Queen’s Speech represents the final legislative programme before the general election in May 2015.

The Government claimed that transferring statutory responsibility for the local land charges registry to the Land Registry would support “the delivery of digital services”. It added that the Registry’s powers would also be extended to enable it to provide information and register services relating to land and other property.

However, the move has previously provoked a hostile reaction from the Society of Local Authority Chief Executives (SOLACE), the Local Land Charges Institute and the Association of Independent Personal Search Agents.

SOLACE warned in March this year that the plans presented “substantial risks”. In a letter to the Chief Land Registrar, Director Graeme McDonald wrote: “While improvements in a minority of locations can be made, the centralisation of land charges would place an over-reliance on a single, fragile system with considerable associated costs. It also seems unlikely that a more distant, centralised approach would spur innovation or ensure a more responsive service.”

McDonald also claimed that the Land Registry proposal would require significant Government investment “with an, at best, unclear return on that investment”.

Commenting on the Queen’s Speech, Dr Jonathan Carr-West, chief executive of LGIU, said: “LGiU has some concern over the proposed changes to allow developers effectively to bypass the local democratic planning system if a decision has not been given in time. The Government assumes that the blockage in development lies at the hands of local authority planners - after many years of land banking on the part of developers.”

He added: “The government has announced that it will stop public sector employees from keeping redundancy payments when returning to the public sector. A popular move but could this have implications for the freedom of councils to employ, and fire, who they want to?”

KEY MEASURES IN THE QUEEN’S SPEECH

The background briefing notes are available here.

Small Business, Enterprise and Employment Bill

Small firms would be provided with fair access to the £230bn spent in the form of public procurement contracts.
A requirement that the red tape that affects small business would be frequently reviewed – “to ensure regulations are either cut or remain effective” – would be placed into law.
There would be a crackdown on abuse in zero hours contracts;
Highly paid public sector employees would be stopped from keeping redundancy payments “when they come back to the same part of the public sector within a short period of time”.

Infrastructure Bill

The Highways Agency would be turned into a government-owned company, “with the stable, long term funding needed to plan ahead”.
The Bill would allow for species control orders to control the invasive, non-native species that pose serious threats to biodiversity, the water environment and infrastructure.
For nationally significant infrastructure projects, the Bill would (a) simplify the process for making changes to development consent orders (DCOs) by speeding up non-material changes to a DCO, and allowing simplified processes for material changes; and (b) allow the Examining Authority to be appointed immediately after an application has been accepted and for the panel to comprise two inspectors, “speeding up the process and saving money”.
The Bill would allow certain types of planning conditions to be discharged upon application if a local authority has not notified the developer of their decision within a prescribed time period, “reducing unnecessary delay and costs”.
In relation to public sector land assets, the Bill would (a) permit land to be transferred directly from arms-length bodies to the Homes and Communities Agency, “reducing bureaucracy and managing land more effectively”; and (b) ensure that future purchasers of land owned by the HCA and the Greater London Authority will be able to develop and use land without being affected by easements and other rights and restrictions suspended by the Agency.
Statutory responsibility for the local land charges register and delivery of local land charges searches would be transferred to the Land Registry, “supporting the delivery of digital services”. The Land Registry’s powers would also be extended to enable it to provide information and register services relating to land and other property.
Subject to consultation, the development of gas and oil from shale and geothermal energy would be supported by clarifying and streamlining the underground access regime.
For zero carbon standard homes, amongst a range of other measures, enabling powers would be brought forward to introduce off-site allowable solutions.

Modern Slavery Bill

There would be: consolidation and simplification of existing modern slavery offences into one Act; and an increase in the maximum sentence for offenders to life imprisonment. Perpetrators would also “face the toughest asset confiscation regime”, while the courts would be given new powers to order them to pay financial redress to victims.
New slavery and trafficking prevention orders and risk orders would be introduced;
A new post of anti-slavery commissioner would be created;
There would be a statutory defence for victims of modern slavery so that those who are forced to commit an offence are not treated as criminals by the criminal justice system; the defence would not apply to serious sexual and violent offences;
Special measures would be extended so that all victims of modern slavery are supported through the criminal justice process.
Statutory guidance would be provided on victim identification and victim services.
An enabling power would be provided for child advocates to support child victims of trafficking.
A statutory duty would be created for public bodies including the police, local authorities and immigration personnel to notify the National Crime Agency about potential victims of modern slavery.

Social Action, Responsibility and Heroism Bill

The purpose of the Bill would be to “create peace of mind by reassuring those who are acting for the benefit of society, demonstrating a generally responsible approach towards protecting the safety of others or intervening in an emergency, that the courts will consider the context of their actions in the event that something goes wrong and they are sued for negligence or breach of statutory duty”.

Serious Crime Bill

The ability to recover criminal assets would be improved by amending the Proceeds of Crime Act 2002.
The scope of Serious Crime Prevention Orders and gang injunctions would be extended.
The Children and Young Persons Act 1933 would be clarified to make it explicit that cruelty which is likely to cause psychological harm to a child is an offence.

Wales Bill

With the Government having accepted in November 2013 almost all of the recommendations made by the Commission on Devolution in Wales in its first report, this Bill would provide the legislative framework to implement the new financial powers. It would also include changes to the electoral arrangements for the Assembly, following a government consultation in 2012.

Governance of National Parks (England) and the Broads draft Bill

The draft Bill would enable direct elections to be held in English National Parks and the Broads, by an order of the Secretary of State. The draft Bill would, for the first time, and when the Secretary of State so provides, enable eligible residents of the parks to directly elect some of the Authority members responsible for running their park and taking planning decisions. The same would apply in the Broads.
Local authorities would also be allowed to depart from the political balance rule if they appoint three or more members to the Park (or Broads) Authority, where doing so would allow them to appoint a representative of a ward within the Park/Broads.
The draft Bill would also allow parish councils to select their representatives to a park authority more widely. Currently they must select a parish councillor or meeting chairperson. They would be enabled to include anyone eligible to stand as a parish councillor, if the park authority requests it, and the Secretary of State so provides.

Draft Riot (Damages) Act Bill

The existing Riot (Damages) Act would be reformed, “improving and modernising the way compensation is paid to individuals and businesses who experience losses or damage to property during riots”. (The main elements of the Bill are subject to consultation.)

Draft Protection of Charities Bill

The purpose of the draft Bill would be to “create a fairer society by better protecting charities in England and Wales from abuse and equipping the Charity Commission to tackle abuse more effectively and efficiently”. The Government is analysing responses to a recent consultation on proposed changes.
The main benefits of the proposals would be: "protecting charities from abuse by people who present a known risk; making it easier for the Charity Commission to take robust action against individuals and charities in cases of abuse; supporting public trust and confidence in the effective regulation of charities.”