Local Government Lawyer Home Page


Sharpe Edge Webpage Banner

Welcome to Sharpe Edge, Sharpe Pritchard’s local government legal hub on Local Government Lawyer.

Sharpe Edge features news, views and analysis from our team of specialist local government lawyers working at the heart of the latest legal developments. Sharpe Edge platform is also the only place where local government lawyers can get e-access to two law books by our Head of Local Government Rob Hann: The Guide to Local Authority Charging and Trading Powers (‘LACAT’) and The Guide to Local Authority Companies and Partnerships (‘LACAP’).

 

                                                                                                  

Slide background

A Guide to Local Authority Companies and Partnerships (‘LACAP’)

LACAP 2020 160

‘An invaluable, comprehensive toolkit for lawyers, law firms and others advising on or participating in Local Authority Companies and Partnerships’ - Local Authority Chief Executive

Changes since the publication of the 2020 Guides to Local Authority Charging and Trading (‘LACAT’) and LA Companies and Partnerships (‘LACAP’).

A Note from the Author and Head of Local Government at Sharpe Pritchard, Rob Hann:

Both my Guides LACAT and LACAP were written and published in 2020, i.e. prior to the huge changes which have now happened post 2021, namely the UK’s departure from the European Union, otherwise known as Brexit. These changes will impact on the content of both books going forward but for now, and until such time as new legislation is enacted and which departs from the processes described for EU procurement and state aid, much of the existing content will remain valid and relevant to practitioners. Now that the content of the 2020 Guides are published on-line via Sharpe Edge, there is also the opportunity to flag these changes as they happen. To that end the following significant changes should be noted:

Changes to Procurement

Since 1st January 2021 (the end of the ‘implementation period’ or Brexit transition period), the Public Contracts Regulations 2015 (SI 2015/102) (the “PCR”) have been amended by the Public Procurement (Amendment etc.) (EU Exit) Regulations 2020 (SI 2020/1319) (“the Exit Regulations”). The amendments introduced by the Exit Regulations do not change the analysis of the PCR in this publication, but for completeness it should be noted that amendments have been made to PCR Regulation 12 (discussed in section 5.11) to reflect the fact that the European Union (Withdrawal) Act 2018 has ‘retained’ EU law in force prior to 2021 into UK law.

For more information about the impact of the Exit Regulations and of Brexit generally on the public procurement regime, please visit www.sharpepritchard.co.uk/brexit-hub. Also, while the changes made by the 2020 Regulations to the public procurement regime are relatively restrictive, in December 2020 the UK Government published a Green Paper on the transformation of procurement, and commenced public consultations, with a view to making substantive changes to the rules, including the PCR. Developments in this regard are also closely monitored and discussed on the SP website.

Changes to State Aid

From 1 January 2021, the EU State aid rules no longer apply to funding and other forms of support measures granted to business by UK public authorities. In place of the EU State aid rules, new provisions are set out in Chapter 3 of Title XI of the new Trade and Cooperation Agreement (the ‘TCA’).

While the TCA adopts a familiar set of principles to previous EU State aid regulations, the terminology and structure of the rules the UK must adhere is very different.

The concept of ‘subsidy’ replaces ‘State aid’; a recognition that the UK is no longer in the EU Single Market. ‘Subsidy’ is defined in terms very similar to the concept of ‘aid’, meaning that what would have been considered ‘aid’ before 31 December 2020 is largely likely to be captured under the Subsidy Control regime from 1 January 2021.

For more information on how the new Uk subsidy regime operates see www.sharpepritchard.co.uk/brexit-hub/

Author: Rob Hann

Cost: £150

About ‘A Guide to LACAP’
Written by experienced local government lawyer and consultant Rob Hann with the co-operation and involvement of several leading practitioners in the field, the updated 2020 new edition of this unique book charts how partnerships, (whether in the form of limited companies or various other sorts of collaborations), involving local authorities, the private sector and/or the voluntary sector, can be established within the current legal and accounting framework.This new, single volume, limited edition now replaces the subscription based version of LACAP which Rob maintained for 25 years.

The new Guide to LACAP provides an essential toolkit for anyone (lawyers, chief officers, service leads and others) who may be tasked with setting up, managing, or advising local authorities and/or the many diverse corporate vehicles councils create. The book provides a ‘road map’ - to follow in the footsteps of the many successful companies and partnerships which have already been established in local government. The increasing use of alternative delivery vehicles means that many councils are still coming to terms with the legal, financial and governance issues related to these entities and their relationship to that parent body.

This book can help untangle and explain many of those complexities.

The legislative landscape for trading remains a difficult one to navigate, despite laws which have been introduced specifically to facilitate income generation through charging and trading. There are now many examples of successful local authority trading enterprises which are active in the market and provide role models for others to follow (some of which are featured on the cover of LACAP).

This book covers not just partnerships forged through traditional companies limited by shares but explores the full range of corporate vehicles used by local government in the modern age. It can, at times, be an unforgiving environment, as demonstrated by the myriad of court cases contained and featured in this work.

Those who advise local authorities, or who are invited onto a local authority company board, will find it hugely advantageous to have a copy of a Guide to LACAP handy, to study its content and to take proper heed of the lessons of the past.

Coherent delivery strategies are essential in both the set up and the management of such projects, the regulation of which can be volatile and unclear, and this book uses flowcharts and diagrams to simplify the message. Local authority powers and the powers of general competence contained in the Localism Act 2011 are comprehensively covered.

Local authority corporate structures which have become so familiar in the UK, such as so-called Teckal trading companies, are likely to remain an important part of the local authority landscape for some time to come. With the help of leading law firm Browne Jacobson LLP, the complexities of the State aid system are also covered. The procurement sections of this book and the State aid chapter will help with these difficult topics in the context of local authority companies and partnerships.

About the author
Rob Hann is an experienced solicitor, specialising in local government law. He has worked for many years in the public sector on major infrastructure projects, the PFI and helping local authorities to commercialise services through trading companies and other vehicles. He has also helped several authorities to bid for devolution and setting up combined authorities.

He is a regular author of articles and publications as well as two major local government textbooks and a ‘sister’ publication to LACAT – A guide to local authority charging and trading powers 2020.

What is this book about?
The content provides a valuable source of assistance to local authorities seeking to find new ways of working through companies and other partnerships. It charts the progress of local authority companies and partnerships and the various political legal and economic factors that have impacted over 35 years to make Lake apps the feature of the modern local authority landscape

Who should buy LACAP?
In house lawyers in local government, law firms advising local government, boards of directors and managers of other vehicles or bodies created by local authorities; local authority chief officers and heads of service would also find much of the material both useful and accessible. Individuals and organisations set up as joint ventures or wholly owned trading companies, social enterprises, local enterprise agencies, joint boards and LLPs set up by or with local councils

What value will it add?
The content is unique and comprehensive and written from a practical perspective by practitioners. It is designed to be used and referenced by public and private sector lawyers and non-lawyers alike. The book will save valuable research time, provide a steer on some of the ‘wicked issues’ which will impact local authority companies including statutory powers, vires, procurement, state aid and corporate governance to name but a few. Several major law firms have also contributed significant expertise in the form of chapters to help make this book the must have guide to LACAPS in the post-Brexit environment.

Order details

Cost: £150

To pay by invoice/purchase order, please email This email address is being protected from spambots. You need JavaScript enabled to view it. with invoicing details or call 0207 239 4917. Please note that invoices requested without a purchase order number will need to be settled before the product is dispatched.

To pay by credit/debit card, please use the online payment buttons below or call 0207 239 4917.

 

LACAT BookFREE download!

A Guide to Local Authority Charging and Trading Powers

Written and edited by Sharpe Pritchard’s Head of Local Government, Rob Hann,

A Guide to Local Authority Charging and Trading Powers covers:

• Updated charging powers compendium          • Commercial trading options

• Teckal ‘public to public’                                    • Localism Act

FREE DOWNLOAD

LACAT BookAvailable to buy:

A Guide to Local Authority Companies and Partnerships

An invaluable, comprehensive toolkit for lawyers, law firms and others advising
on or participating in Local Authority Companies and Partnerships”

- Local Authority Chief Executive

BUY NOW

  More Articles

<a href=

Levelling up – A new opportunity for further devolution in England?

Rob Hann explores the Government's 'levelling up' policy and looks at whether it is an opportunity for further devolution in England.
<a href=

Time limits for commencing proceedings in procurement challenges

Colin Ricciardiello discusses a landmark procurement challenge judgment on the time limit for commencing proceedings.
Icons Hazard

The Revised National Planning Policy Framework: Better design, greener outcomes?

Alastair Lewis and Sarah Wertheim outline the latest National Planning Policy Framework changes and explain how future developments will be impacted by the new rules.
<a href=

Loose talk costs money: Oral agreement to forego liquidated damages was valid

Michael Comba outlines and analyses a contract dispute resolution: Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2972 (TCC)
<a href=

Procurement reform – an update

Radhika Devesher and Natasha Barlow provide a summary of the proposed and enacted changes to the UK procurement regime post-Brexit.
Icons Court

The Public Procurement Review Service Report: Procurement Pitfalls and How to Avoid Them

Juli Lau and Beth Edwards examine some of the most common procurement pitfalls and provide a checklist of points for local authorities to bear in mind in order to avoid costly errors.
<a href=

JCT Dispute Adjudication Board Rules: a case of “three’s a crowd”?

Peter Jansen who specialises in construction law and dispute resolution, examines the roles and functions of the JCT’s Dispute Adjudication Board and highlights some key considerations for parties planning to adopt the Rules in their JCT contracts.
<a href=

The Electric Vehicle Revolution or…

Emily Knowles discusses new legislation on the requirement of electric vehicle charging points, and its potential impact on the Electric Vehicle Revolution.
<a href=

Consultation on the Electronic Communications Code – What’s Changing?

Lillee Reid-Hunt outlines the legislative changes to the Electronic Communications Code.
Icons Court

You Must Adjudicate First NEC3 imposes obligation to adjudicate first before commencing court proceedings.

Michael Comba discusses NEC3 imposing an obligation to adjudicate first before commencing court proceedings.
Icons Court

Rocking aground the Christmas tree

Clare Mendelle and George Dale discuss and solve a common construction scenario, looking at the position under the Contract, and how the Employer should deal with the Contractor's request.
Icons Hazard

Adequacy Decision Granted to the UK

Charlotte Smith considers two recent adequacy decisions and explains how this affects existing data practices.
<a href=

Managing employees with long COVID and employees who have anxiety about returning to the office

Julie Bann and Victoria Smith consider how Long Covid may be treated under existing employment laws and provide compliance guidance for employers.
<a href=

Environment Act 2021: What Does it Mean for Waste Authorities?

Sally Stock, Juli Lau, Ellen Painter and Beth Edwards discuss notable changes made to the Environment Bill 2021-2022, which received Royal Assent on the 9th November.
<a href=

ESG and its relevance to the public sector

Peter Collins and Sydney Chandler discuss the growing importance of Environmental, Social, and Governance criteria in public procurement.
<a href=

JCT 101: Time and Punishment

Rachel Murray-Smith, Clare Mendelle and Laura Campbell discuss a common Construction scenario regarding the Practical Completion of a project, and the position under the unamended JCT DB 2016.
Icons Court

The importance of due process, communication and fairness in employee conduct investigations – what you need to know.

Julie Bann and James Hughes discuss the importance of fairness in employee conduct investigations, taking a look at the London Borough of Hammersmith and Fulham -v- Mr S Keable case.
<a href=

Becoming More Inclusive: VAT and Public Procurement

Juli Lau, Natasha Barlow and Beth Edwards examine the recently published Public Procurement Regulations 2021, focussing upon amendments to the thresholds within various procurement regimes.
<a href=

The LADs are Alright

Laura Campbell discusses liquidated damages in construction contracts, focussing upon the long-running Triple Point saga which ended in the Supreme Court this year.
<a href=

Procurement Policy Note 08/21

Juli Lau and Beth Edwards outline Procurement Policy Note 08/21, recently published by the Cabinet office.
Icons Court

Hard Times: Improving Air Quality with Clean Air Zones

Rob Hann and James Goldthorpe examine the introduction of Clean Air Zones to improve air quality across the UK.
<a href=

Autumn Budget Spending Review 2021 – What Public Bodies Need To Know

Rob Hann and James Hughes examine the Autumn Budget Spending Review 2021, looking at what Public Bodies need to know.
<a href=

Net Zero – What’s new for local authorities?

Steve Gummer and Sophie Drysdale look at two major climate publications: the Heat and Buildings Strategy and the Net Zero Strategy.
Icons Hazard

Jumping to conclusions: Final Statements, liquidated damages and material breaches of natural justice

Michael Comba looks at a recent Technology and Construction Court case that provides useful guidance on the JCT’s procedural requirements on disputing Final Statements.
Icons Court

Three times one equals one: Several disputed payment applications amount to a single dispute

Michael Comba considers a case in which the High Court dismissed an employer’s argument that an adjudicator lacked jurisdiction because the referral concerned three separate payment applications and, therefore, comprised three separate disputes.
<a href=

Warm feelings or hot air: the Heat and Buildings Strategy and Heat Networks

This week the government published its Heat and Buildings Strategy (Strategy). This contained vital innovations and essential step changes in terms of how heating is provided, writes Steve Gummer.
<a href=

Procurement reforms: update from Cabinet Office

Rob Hann, Nicola Sumner and Juli Lau assess the Cabinet Office's update on the progress of the government's public procurement reforms.
Icons Court

Bond, Performance Bond. Delivering value for the Public Sector?

Justin Mendelle examines whether public sector clients achieve value for money from the provision of performance bonds.
Icons Hazard

Not so personal messages: R. (on the application of Good Law Project Ltd) v Secretary of State for Health and Social Care and Abingdon Health Plc [2021] EWHC 2595 (TCC)

Nicola Sumner, Juli Lau and Beth Edwards look at The Good Law Project's challenge of the direct award by the Secretary of State for Health and Social Care of three contracts for the production and supply of rapid Covid-19 antibody tests (the “Contracts”).
<a href=

Insolvency – Termination and Beyond

Rachel Murray-Smith and Clare Mendelle consider the potential warning signs of, and the compliant manner for dealing with, contractor insolvency.
Icons Court

Settlement agreements – waiving Personal Injury claims

In the case of Farnham-Oliver v RM Educational Resources LTD, the Queen’s Bench Division of the High Court allowed a Personal Injury claim (“PI claim”) to be pursued by an employee against his former employer despite the parties signing a Settlement Agreement in respect of an Employment Tribunal claim on the same issue. Julie Bann and James Hughes report.
Icons Hazard

Mandatory Vaccination for Care Home Workers in England – Update

Rachel Murray-Smith and Francesca Gallagher look at the detail of the government's guidance on compulsory vaccination for care staff.
<a href=

Make your mind up! Liquidated Damages clause upheld despite Employer’s challenge

In the recent case of Eco World Ballymore (EWB) v Dobler[1] , an Employer took the unusual position of challenging their own entitlement to liquidated damages (LDs) on the ground that the LDs provision constituted an unenforceable penalty clause. Clare Mendelle and James Goldthorpe investigate.
<a href=

Are Collateral Warranties Construction Contracts? Timing is Key.

Clare Mendelle and Anna Sidebottom examine the recently decided case of Toppan v Simply[1], which has provided guidance on when collateral warranties may be considered “construction contracts” under the Housing Grants, Construction and Regeneration Act 1996 and so give the warranty holder the right to adjudicate.
Icons Court

Climate emergency or climate catastrophe?

Rob Hann asks how central & local government departments and councils can work together more effectively to combat the challenges to achieve net zero by 2050.
Slide background