LLG's free Chief Executive update webinar provided an essential round-up of current issues in the local authority legal world. The webinar looked at what’s going on in local government, legal reform, recent cases of interest, Brexit, news from the Local Government Association and the Local Government Ombudsman, thinking around policy including details of any Government consultations, plus an overview of what’s in the press. Each webinar will include a 10 minute update from a Corporate Partner on a topic of particular expertise, with October's featuring Anja Beriro from Browne Jacobson on the implications of Brexit for public procurement.

1. The CEO Brief: Policy,
Strategy and Trends in Local
Government Law
OCTOBER 2018

2. Deborah Evans
CHIEF EXECUTIVE
DEBORAH.EVANS@LLG.ORG.UK

3. Procurement and Brexit:
What we know!
Connect with Anja
Anja.beriro@brownejacobson.com
+44 (0)115 976 6589
Have your say @brownejacobson

4. On the agenda today
Brexit Funding cuts Commercialisation Restructures

5. On the agenda today
News from
the LGSCO
News from
the LGA
News from
the MHCLG
News from
the SRA

6. Outlook for Local Authorities
§ C O N T I N U A T I O N O F F U N D I N G C H A L L E N G E S
§ B R E X I T C H A L L E N G E S
§ I N S T A B I L I T Y I N L O C A L E C O N O M I E S

7. Feeling like you have a mountain to climb?

8. What are the challenges?
Resources
Lawyers not
at the top tier
Difficult
decisions
Staffing

9. Funding cuts

10. Commercialisation

11. Restructures

12. Resources

13. What we
believe
The importance of
lawyers around the
top table in local
authorities

14. Difficult Decisions

15. Staffing
Promote careers
in local
government law

16. /
Growing the lawyers of the future
Helping get the
right people in
the right roles
Giving you the
skills you need
to progress
Paint a picture
of career
progression
Training Development
How do local
authorities
retain lawyers?

17. /
News from the Local Government and Social
Care Ombudsman

18. UPDATE FROM THE MINISTRY
DEBORAH.EVANS@LLG.ORG.UK

19. /
News from the Local Government Association

20. News from the
National Audit Office

21. Brexit

22. Procurement and Brexit:
What we know!
Have your say @brownejacobson

23. European Union
(Withdrawal) Act
2018
• Section 2 (1): EU-derived domestic
legislation, as it has effect in
domestic law immediately before
exit day, continues to have effect in
domestic law on and after exit day.
Have your say @brownejacobson

24. European Union
(Withdrawal) Act
2018
• Public Contracts Regulations 2015
(and the UCRs and CCRs) will be EU
derived domestic legislation.
Have your say @brownejacobson

25. European Union
(Withdrawal) Act
2018
• Directly effective rights for example
under Articles 49 and 56 Treaty on
the Functioning of the European
Union will “continue on and after
exit day to be recognised and
available in domestic law (and to be
enforced, allowed and followed
accordingly)” Section 4(1)
Have your say @brownejacobson

26. Amendments to
the PCR
• It will require amendment but draft
secondary legislation not published
yet
Have your say @brownejacobson

27. Some of the required amendments
might include:
• Regulation 25 reference to GPA?
• Regulation 51 manner of
publication of notices (and
generally thereafter references to
the EU publication office)
• Regulation 59 European Single
Procurement Document?
• Regulation 62 recourse to e-Certis?
• Various references to reports to the
Commission and decisions of the
Commission see reg 5 (thresholds)
32 (use of the negotiated
procedure without prior
publication) reg 69 ALTs etc.
• Various references to European
standards, Technical Assessments
and common technical
specifications?
Have your say @brownejacobson

28. Draft Agreement
on Withdrawal
(DAW)
• Agreed in principle - 19th March
• Updated position - 19th June
• Nothing agreed until everything is
agreed
• Transition period would run until
31 December 2020
• Provides some specific rules on
procurement (although not
everything is agreed)
Have your say @brownejacobson

29. Draft Agreement
on Withdrawal
(DAW)
Article 71 defines the relevant rules
covered by the transition period and
these include all of the relevant
procurement directives, CPV and “the
general principles of Union law
applicable to the award of public
contracts”
Have your say @brownejacobson

30. Draft Agreement
on Withdrawal
(DAW)
Article 72 Establishes the principle of
“initial subject, always subject”. The
relevant rules will applicable to any
procedure launched before the end of
the transition period.
Have your say @brownejacobson

31. Draft Agreement
on Withdrawal
(DAW)
Launched means when a call for
competition or any invitation to
submit applications has been made
(per the relevant rules) and it is
finalised when the award notice is
issued or, where not required,
contract executed.
Have your say @brownejacobson

32. Draft Agreement
on Withdrawal
(DAW)
Framework agreements are also
caught and therefore arguably it
would seem a framework agreement
let during the transition period will be
under the terms of the DTA for its
term including all call offs.
Have your say @brownejacobson

33. Draft Agreement
on Withdrawal
(DAW)
Article 73 establishes the application
of the remedies directives. This is not
settled yet due to the ongoing
disagreement over the role of the
CJEU
Article 74 Deals with the period of
access to e-Certis
Have your say @brownejacobson

34. WTO GPA
• We are only members through the
EU
• In June we applied to be members
in our own right.
• No clarity on what the final process
for us joining to GPA
• The “normal” route takes some
time.
Have your say @brownejacobson

35. WTO GPA
• If we have a hybrid special route
because of the existing
commitments (as an EU member)
and our promise to keep to all of
them then it might be straight
forward. This will take agreement.
Have your say @brownejacobson

36. Follow our LinkedIn showcase page

37. Get in touch
Connect with Anja
Anja.beriro@brownejacobson.com
+44 (0)115 976 6589
Have your say @brownejacobson

38. How can LLG help you?

39. ….to be an agile, lively
and contemporary
membership
organisation providing
the full range of
membership services
at an affordable cost

40. The LLG Board
Strategy

41. To build an
engaged
membership
community with a
shared ethos

42. Improve member communications

43. Improve and expand our training provision

44. To present a modern, external face to the world

45. Revitalise
branches and
experts
meetings

46. Facilitating
networking
Share experiences
& trade stories

47. Finding our
voice
Campaign agenda – what do we
want to change?
Developing the voice of LLG
Influencing the debate at the
highest level

48. Working
Collaboratively
with Corporate
partners & the
wider sector
We support blended
public and private
sector provision
Partnership
model
Expertise and
cross sector
experience

49. Roundtables

50. Time to Think
What is the structure of local authorities in a
post-Brexit world?
Are local authority finances reaching crisis
point?

51. Stakeholder
Engagement

52. Stakeholder
Engagement

53. LLG in
the press

54. LLG Governance
conference
2018
Highlights from
Gateshead

55. Upcoming courses
Conducting Planning Appeals: London, 14th November
Safeguarding and Serious Case Reviews: London, 15th November
Procurement Workshop: Birmingham, 22nd November
RIPA: London, 23rd November
Introductory Masterclass in Political Awareness: Birmingham, 29th November
The Role of the Local Authority Company Secretary: Manchester, 30th November
Annual Planning Conference: London, 3rd December
GDPR Masterclass: London, 14th December

56. Awards 2018
The Waldorf
London

57. Weekend School
March 28th – 30th
The Courthouse Hotel
Shoreditch
London

58. Tell us what you think
Help us shape your world
Deborah.evans@llg.org.uk

59. Get in touch
Connect with Deborah
Deborah.evans@llg.org.uk
Connect with Anja
Anja.beriro@brownejacobson.com