Number 24 July 11 2014

Compiled by the Policy and Development Officer. [email protected]

Lawyers in Local Government

LLG encourages its MO members to respond to the survey below. Jane Scullion will be sharing the data with LLG and this is a valuable way of LLG finding out the views and concern of members in relation to this sort of issue. Please take a few minutes to complete the survey.

Jane Scullion, a former Monitoring Officer, now enjoying the life of an academic at De Montfort University’s Local Government Research Unit, is seeking the views of Monitoring Officers on the subject of social media use in councils. All responses are anonymised using licensed university software and she is not able to access the details of officers or identify councils from email addresses. She has sent individual emails to all councils but in case it didn't get through your system here is another opportunity to fill it in - it takes less than 10 minutes to complete. Here is the link: https://www.snapsurveys.com/wh/s.asp?k=140024759326

Department for Communities and Local Government https://www.gov.uk/government/news/innovation-to-bring-statutory-notices-into-the-21st-century Speaking to council leaders at Local Government Association (LGA) annual conference, Local Government Secretary Eric Pickles today (9 July 2014) called for new technology and innovation to bring municipal statutory notices into the modern 21st century era. Mr Pickles defended statutory notices as an important way of ensuring that local residents were informed of decisions that affect their property and lives. He also criticised the ‘sterile debate’ of the LGA arguing for the complete abolition of statutory notices replaced with nothing other than ‘an obscure notice’ on a council website. https://www.gov.uk/government/news/53000-troubled-families-lives-turned-around Speaking at the Local Government Association annual conference in Bournemouth today (9 July 2014), Communities Secretary Eric Pickles announced that 52,833 of the most troubled families in England had been put back on track by local authority teams since April 2012. This programme continues to make economic and financial sense. The ‘tough love’ approach.

Cabinet Office https://www.gov.uk/government/news/growth-deals-firing-up-local-economies As part of its long-term economic plan to secure Britain’s future, the government today is agreeing a series of Growth Deals with businesses and local authorities across England. Cynics might say these are all the projects delayed on the abolition of the RDAs and the time it has

1 taken to sort out the LEPs and to submit their Strategic Economic Plans. The priority is now to ensure the LEP and LA decision making and procurement processes are sound. https://www.gov.uk/government/publications/guide-to-making-legislation This guidance sets out what bill teams need to do at each stage of preparing primary legislation and taking it through Parliament, from bidding for a slot in the legislative programme to gaining . This guide has been prepared by the Secretariat to the Parliamentary Business and Legislation Committee of Cabinet, with the advice of Parliamentary Counsel and the Offices of the Chief Whips, Leader of the House of Commons, Leader of the House of Lords and the Public Bill Offices of both Houses. It replaces the version published in July 2013. 319 pages all about taking a government bill through Parliament. If you become involved in the detail of a Bill, it would be worth referring to this tome so you know what the bill team will be doing. https://www.gov.uk/government/publications/local-authority-youth-services-survey-2013 This survey looked at how local authorities in England provide, as far as possible, sufficient services and activities for young people aged 13 to 19, and those with learning difficulties to age 24, to improve their well-being. The survey asked questions about each local authority’s statutory duty, other services and activities for young people and the challenges they faced when providing services. You may want to refer this to your relevant officers and policy officers and scrutiny officers as it does provide some opportunity for benchmarking and comparison. https://www.gov.uk/government/publications/futures-toolkit-for-policy-makers-and-analysts The Futures Toolkit provides a set of tools to help embed long-term strategic thinking within the policy process, and explains how to ensure they have real impact. It is intended for policy officials and analysts across government. The toolkit brings together the best ideas and suggestions for ways to approach futures thinking. Experts across government, academia, industry, and third sector in the UK and internationally have contributed and provided insight for it. The Horizon Scanning Programme team, a joint Cabinet Office and Government Office for Science initiative, produced it. Worth dipping into, if only to understand what Delphi, 3 horizons, roadmapping and windtunnelling is all about. Make sure you policy officers take a look at this document which may help to provide a constructive approach to developing policy. Of course, it will never be as accurate and authoritative as political party dogma and prejudice. But it might provide a reason why political parties are no longer necessary for governments to work efficiently and effectively.

Home Office https://www.gov.uk/government/publications/the-data-retention-and-investigatory-powers-bill  the bill ensures that critical capabilities to fight crime and protect the public are maintained. It clarifies existing law without extending current powers  interception and access to communications data are critical to the ability of our law enforcement and intelligence agencies to fight crime and protect the public  the bill makes clear that anyone providing a communications service to customers in the UK – regardless of where that service is provided from – should comply with lawful requests made under the Regulation of Investigatory Powers Act 2000  it also replaces the current Regulations under which domestic companies can be required to retain certain types of communications data for up to 12 months, so this may later be acquired by law enforcement and used in evidence  the bill will also introduce additional safeguards for the use of investigatory powers, building on our already stringent regime, to respond to criticisms raised by the European Court of Justice  if we fail to act immediately, there would be a critical gap in our investigative capabilities. Put simply, lives will be put at risk

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Department for Culture Media and Sport https://www.gov.uk/government/news/red-tape-cut-to-reduce-licensing-burden-on-entertainment The draft Legislative Reform (Entertainment Licensing) Order will amend the 2003 to deregulate certain types of regulated entertainment in defined circumstances as set out in the Order. The changes will reduce regulation for cultural and voluntary sectors and commercial organisations in terms of paperwork and cost for lower risk entertainment activities. It includes:  making it easier for pubs and clubs to host live music for larger audiences  enabling entertainment to be put on in schools, village halls, hospitals and other public places  lifting an unreasonable burden on traditional travelling circuses See also https://www.gov.uk/government/consultations/legislative-reform-order-changes-to-entertainment-licensing The consultation outcome and draft order and explanatory document which may be useful to circulate to licence committee members.

Department for Education https://www.gov.uk/government/speeches/michael-gove-speaks-about-the-future-of-education-reform A Gove speech worth reading. https://www.gov.uk/government/publications/do-academies-make-use-of-their-autonomy Research looking at whether academies make use of the autonomy their academy status provides. This paper reports the results of a survey which looked at:  the reasons for schools becoming academies  the changes they have made since conversion  perceived effect of these changes  attitudes towards the new national curriculum  how they collaborate with other schools  changes in the performance management of staff Some interesting research that education lawyers may find helpful as indication of academies taking advantage of their flexibility. https://www.gov.uk/government/publications/the-evolving-education-system-in-england A ‘temperature check’ of the way 10 local education systems are evolving, focusing on:  the changing roles of school, local authority and other leaders  the factors influencing these changes  any challenges encountered along the way Again this research may be useful to education lawyers to get a feel of what is going on in the bigger picture.

Department for Environment Food and Rural Affairs https://www.gov.uk/government/publications/memorandum-of-understanding-enforcing-wildlife-crime This memorandum sets out the roles and responsibilities of Natural England, Countryside Council for Wales, Crown Prosecution Service and the Association of Chief Policy Officers of England, Wales and , so that they can help each other to prevent, look into and take action against wildlife crime. It also includes the action plan for January 2009 to January 2010. Updated. Enforcement and prosecuting officers ought to be aware of this arrangement. https://www.gov.uk/government/publications/wildlife-crime-and-how-to-report-it And this.

3 https://www.gov.uk/government/news/eat-your-way-around-english-leg-of-tour-de-france After the Tour de France, English version, a reminder of the protected food names that we can also celebrate and eat. Especially as this bulletin has been produced more recently in Cornwall, Somerset and as well as Yorkshire with the assistance of Cornish pasties and West Country cheddar.

Department of Health https://www.gov.uk/government/news/fundamental-standards-improving-quality-and-transparency-in-care The government has announced legislation which introduces fundamental standards for health and social care providers. Subject to parliamentary approval, they will become law in April 2015. The new measures are being introduced as part of the government’s response to the Francis Inquiry’s recommendations and are intended to help improve the quality of care and transparency of providers by insuring that those responsible for poor care can be held to account. https://www.gov.uk/government/news/mental-health-act-code-of-practice-consultation-launched Our consultation ‘Stronger Code: Better Care’ is asking for your thoughts on a new draft Code which includes:  5 new guiding principles  significantly updated chapter on how to support children and young people, on the use of restraint and seclusion and the use of police powers and places of safety  new chapters on care planning, equality and human rights, links to the Mental Capacity Act and Deprivation of Liberty Safeguards, and support for victims

Law Society http://www.lawsociety.org.uk/news/stories/law-society-council-approves-17-per-cent-reduction-in-pc- fee/?utm_source=emailhosts&utm_medium=email&utm_campaign=PU+-+10%2F07%2F14 17% reduction in practising certificate fees this year. Every little helps.

Parliament http://www.parliament.uk/business/committees/committees-a-z/commons-select/political-and-constitutional-reform- committee/news/report-a-new-magna-carta/ “These changes, and attempts to write down existing arrangements, have, however, been piecemeal. At the beginning of the 2010 Parliament, we felt that the time was right to engage the public in a comprehensive evaluation of the ’s democratic arrangements, culminating in this consultation which runs into the year that we will celebrate 800 years since . We are looking for views on the three suggested alternatives we are putting forward, but also on the idea itself of the UK having a written constitution. The question is, do we need a new Magna Carta to shape Britain’s relationship with its people, and the world for the next 800 years.” The consultation runs until January 2015 Every lawyer ought to have an opinion on what holds our society together.

Regulations

SI 2014/1797 - The Housing (Right to Buy) (Prescribed Forms) (Amendment) (England) Regulations 2014 Regulation 2 of these Regulations substitutes the form of notice to be used by a tenant claiming to exercise the right to buy his or her dwelling-house in accordance with section 122 of the Housing Act 1985 (c. 68). The Regulations apply in relation to

4 houses and flats in England only.

SI 2014/1822 - The Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) (Amendment) Order 2014 This Order amends the Co-operative and Community Benefit Societies and Credit Unions (Arrangements, Reconstructions and Administration) Order 2014 (“the principal Order”) to take account of the Co-operative and Community Benefit Societies Act 2014 (c.14) (“the 2014 Act”), which comes into force on 1st August 2014. The 2014 Act consolidates certain enactments relating to co-operative societies, community benefit societies and other societies registered or treated as registered under the Industrial and Provident Societies Act 1965 (c. 12).

SI 2014/1715 - The Intellectual Property Act 2014 (Commencement No.1) Order 2014 This Order is the first commencement order made under the Intellectual Property Act 2014 (“the Act”) and brings into force section 10(2) of the Act only to the extent necessary to appoint the appointed person. The appointed person will be able to hear and determine appeals under United Kingdom design law. Section 10(2) of the Act inserts new sections 27A and 27B into the Registered Designs Act 1949. Under new section 27A(1), the Lord Chancellor is responsible for making the appointment of the appointed person. New section 27B sets out the eligibility criteria, as well as the process for appointment and removal of an appointed person.

Articles http://www.publicfinance.co.uk/news/2014/07/first-local-government-bond-issue-set-for-next- spring/?utm_source=Adestra&utm_medium=email&utm_term= A reminder that this initiative could save your LA money but only if you are part of it.

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This bulletin is circulated to LLG members by LGG. Please email me at the address below, rather than pressing the reply button to LGG, if you have any queries about the bulletin.

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Tony Kilner Policy and Development Officer [email protected] 01943 601706 mob 07759 117061

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