The ( draft ) Sussex & Brighton COMBINED COUNTY AUTHORITY Regulations 2026, pursuant to the Levelling-Up and Regeneration Act 2023 establish the Combined County Authority (CCA) as a body corporate for the areas of Brighton & Hove City Council. East Sussex & West Sussex, with a CONSTITUTION set out in the Schedule to the Regulations, and confer upon the CCA FUNCTIONS of local and other public authorities. Part 3 of the Regulations provided for the election of the MAYOR and for the appointment of a POLITICAL ADVISER to the Mayor. Part 4 confers functions relating to TRANSPORT. Part 5 sets out the functions which are to be EXERCISABLE ONLY BY THE MAYOR and makes provision in relation to JOINT COMMITTEES. Part 6 relates to FUNDING by the CONSTITUENT COUNCILS. Part 7 confers additional functions to be exercisable by the CCA CONCURRENTLY WITH THE CONSTITUENT COUNCILS, including functions related to ECONOMIC DEVELOPMENT and DATA SHARING>

With effect from 5 February 2026, most of the DATA ( USE and ACCESS ) ACT 2025, has become applicable, including in relation to (i) automated decision-making and AI, (ii) protection of children’s data, (iii) calculation of timeframes for and complaints about Data Subject Access Requests, (iv) new duties and powers for the ICO, and (v) a new “recognized legitimate interests” lawful basis for certain processing related to such matters as serious civil emergencies, detecting investigating or preventing crime, and safeguarding vulnerable individuals.

The Surrey ( Structural Changes ) Order 2026, has been laid, pursuant to the Local Government etc Act 2007. It provides for a SINGLE TIER OF LOCAL GOVERNMENT in Surrey. The Order ABOLISHES the County of Surrey as a local government area. It winds up and dissolves the County Council and district councils. It CREATES two new non-metropolitan district councils, East Surrey ( Articles 4 and 7-10 and Schedule 1) and West Surrey ( Articles 4 and 7-10 and Schedule 2 ), with transitional provisions ( Articles 10-16 ) and SHADOW AUTHORITIES until 1 April 2027 ( Articles 17-41 )and provision for ELECTORAL matters ( Articles 42-49. )

Can a reorganisation/ mergers, involving the transfer of functions between public authorities, constitute a TUPE transfer? No : says the EAT in the NHS case of BICKNELL. This followed the EAT’s decision in NICHOLLS v CROYDON LBC (2019) ICR 542. The purchasing or commissioning  of goods or services not on the market is held not in itself to be capable of constituting an “ economic activity “ within the TUPE definition of a “ business transfer”. If the Croydon Council case is wrong, it requires the Court of Appeal to correct that.

In DEPARTMENT FOR BUSINESS AND TRADE v INFORMATION COMMISSIONER and MONTAGUE (2023) EWCA Civ 1378 the Court of Appeal has ruled that the public interest recognised in two or more different provisions in the Freedom of Information Act 2000 (FOIA) exempting information from disclosure should be assessed in combination when determining whether that public interest outweighed the public interest in disclosure. In other words, the Court approved of aggregation.  It rejected the contention that the public interest recognises in each exemption provision should be weighed separately against the public interest in disclosure. Read more »

An Arbitration Bill was introduced ( in the House of Lords ) on 21 November 2023. The Bill when enacted aims to give effect to Recommendations by the Law Commission to amend the Arbitration Act 1996 ( the 1996 Act ). The main provisions of the Bill are : (1) a new rule on the governing law of an Arbitration Agreement : Clause 1; (2) codification of an Arbitrator’s Duty of Disclosure; Clause 2; (3) strengthening of Arbitrator immunity around resignation and applications for removal : Clauses 3 & 4; (4) introduction of a power for Arbitrators to dispose summarily of issues which have no real prospect of success : Clause 7; (5) clarification of Court powers in support of emergency Arbitrators : Clause 8; (6) clarification of Court powers in respect of arbitral proceedings : Clause 9; and (7) a revised framework for jurisdiction  challenges under Section 67 of the 1996 Act : Clauses 10 & 11;

The following Bills received Royal Assent and were enacted on 26 October 2023

• Online Safety Act, on which see the 11 KBW Panopticon Blog
• Worker Protection ( Amendment of Equality Act 2010 ) Act
• Energy Act
• Non-Domestic Rating Act, which makes a number of technical alterations
• Procurement Act, which will replace existing Regulations
• Levelling-up and Regeneration Act , including provisions in relation to devolution and planning environmental and  housing related reforms
• Economic Crime and Corporate Transparency Act

In R (Cumbria County Council) v SoS (2022) EWHC 388 (Admin) Fordham J. refused to the County Council’s renewed application on a number of grounds for permission to bring Judicial Review proceedings against a decision of the SoS, following Statutory Guidance and consultation, to split the County into 2 unitary authorities. There was no reasonable arguability with a realistic prospect of success.  The Statutory Guidance was not an unlawful departure from Government policy in relation to “minimum population size”. Nor had the SoS acted unlawfully with respect to the possibility of a Mayoral Combined Authority, the strengths and weaknesses of an East/West proposal and a single unitary proposal, or consistency with his North Yorkshire decision.

Article written by Philip Kolvin QC for Local Government Lawyer.

Philip Kolvin QC asks whether the High Court’s decision that remote local authority meetings cannot continue without new legislation applies to licensing committee hearings.

Read more »