The ENGLISH DEVOLUTION AND COMMUNITY EMPOWERMENT ACT 2026 amongst other matters (1) introduces STRATEGIC AUTHORITIES across England, which will areas and powers of COMPETENCE and to which powers will be transferred, (2) designates the GLA, Combined Authorities and Combined County Authorities as Strategic Authorities, (3) enables Strategic Authorities to call in strategically important developments and prepare Mayoral Development Orders, (4) promote a move away from two tier areas and towards UNITARY STRUCTURES, (5) gives new powers to MAYORS, and returns to the Supplementary Voting System for Mayoral Elections, (6) requires the establishment of EFFECTIVE NEIGHBOURHOOD GOVERNANCE, (7) establishes the LOCAL AUDIT Office and a new framework for local auditors, and (8) introduces a COMMUNITY RIGHT TO BUY ASSETS OF COMMUNITY VALUE.
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This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.
KING’S SPEECH 2026
April 30th, 2026 by James Goudie KC in Local Authority PowersThe State Opening of Parliament and the King’s Speech are scheduled for 13 May 2026. Seven Public Bills are being carried over from the previous Session. These include the Representation of the People Bill, the Courts and Tribunal Bill, and the Public Office ( Accountability ) Bill.
PENSIONS
April 30th, 2026 by James Goudie KC in Local Authority PowersKey provisions of the PENSION SCHEMES ACT 2026 cover INVESTMENT and GOVERNANCE in the LGPS. Details will be set in Regulations yet to be consulted upon and made. LGPS ASSETS will be consolidated into POOLS to be managed by FCA regulated Managers.
NEW LEGISLATION
April 29th, 2026 by James Goudie KC in Local Authority PowersOn 29 April 20226 Royal Assent has been given to the English Devolution and Community Empowerment Bill and the Pension Schemes Bill.
FISCAL DEVOLUTION
April 27th, 2026 by James Goudie KC in Local Authority PowersThe House of Lords Economic Affairs Committee seeks submissions by 5 June 2026 on FISCAL DEVOLUTION IN ENGLAND, its DISTRIBUTIONAL CONSEQUENCES, and the GOVERNANCE ARRANGEMENTS needed as more powers are devolved to local areas.
ANTI-SOCIAL BEHAVIOUR
February 19th, 2025 by James Goudie KC in Local Authority PowersTROWER v ELMBRIDGE BOROUGH COUNCIL ( 2025 ) EWHC 314 ( Admin ) concerns a challenge to a PUBLIC SPACES PROTECTION ORDER under the ANTI-SOCIAL BEHAVIOUR etc ACT 2014 restricting the unauthorised mooring of riverboats in certain areas. It had been reasonable for the authority to conclude that littering and noise from boat users was anti-social behaviour and to associate the behaviour with unauthorised mooring. It was a legitimate factor that boats in neighbouring areas might be displaced into the authority’s area.
FGM
November 7th, 2024 by James Goudie KC in Local Authority PowersIn AS v WALTHAM FOREST LBC (2024) EWHC 2808 ( Fam ) the Court set out general guidance about the manner in which Orders protecting against the risk of Female Genital Mutilation should be dealt with by local authorities.
STATUTORY REQUIREMENTS
August 16th, 2024 by James Goudie KC in Local Authority PowersIn AI Properties ( Sunderland ) Ltd v Tudor Studios ( 2024 ) UKSC 27, concerned with the consequence of failure to comply with a statutory requirement to serve a notice, the Supreme Court says that, where there is no express statement of the consequences of non-compliance, the correct approach is to consider the whole of the structure within which the requirement arises, and ask what consequences of non-compliance best fits the structure as a whole. In each case, the focus is on (1) the purpose served served by the requirement, as assessed in the light of a detailed analysis of the particular statute, and (2) the specific facts of the case, having regard to whether any and what prejudice might be caused or whether any injustice might arise if the validity of the statutory process is affirmed notwithstanding the breach of the procedural requirements.
PENSIONS REVIEW
August 16th, 2024 by James Goudie KC in Local Authority PowersFollowing the announcement by the Chancellor of a Pensions Review, terms of reference for PHASE ONE have been published. This includes consolidation and improved governance in the LGPS, and encouraging further pension investment into UK assets, as well as reform of defined contribution workplace schemes.
ANTI-SOCIAL BEHAVIOUR
March 11th, 2024 by James Goudie KC in Local Authority PowersSwindon Borough Council v Abrook ( 2024 ) EWCA Civ 221 concerns anti-social behaviour for the purposes of Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014, in the context of begging. The Court of Appeal holds ( paras 108-111 inclusive ) that ( 1 ) a distinction between “ aggressive “ and “ passive “ begging is not helpful : it should not be substituted for the statutory test; ( 2 ) the fact that the impugned conduct falls within the statutory definition is not enough : the Court must also be satisfied that it is just and convenient to make an Order; ( 3 ) a power of arrest should not be attached toman Order as a matter of course; and (4 ) applicants must observe the restrictions on without notice applications and interim injunctions.