IRRV Newsletter 18th November 2024 to 25th November 2024

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Consultations / Inquiries / Surveys etc.

BUILDING SAFETY LEVY

Scottish Building Safety Levy: consultation on proposals [Scotland]
The Scottish Government sought views on the introduction of a new tax - the Building Safety Levy - in Scotland. This levy would take the form of an additional charge on new residential development, to be paid by housebuilders. Revenue raised from this levy would support the Scottish Government's work to remediate cladding in existing residential buildings.

The questions in this consultation were grouped into the following sections:

  • The principles of introducing a Levy on new housebuilding, to support cladding remediation work.

  • The scope of the Levy - who should pay, and who should be exempt.

  • How the Levy should be calculated.

  • How the Levy should operate - when will it be charged, and how will it be collected.

  • Compliance - what kind of powers might be needed to enforce the Levy.

  • Duration - how long the Levy should run for.

  • Impacts - how housebuilders and the wider housing supply chain might be affected by the introduction of the Levy.

The consultation could be found at https://consult.gov.scot/taxation-and-fiscal-sustainability/scottish-building-safety-levy-proposals/.

Closing date for responses was 18 November 2024.


CARE EXPERIENCE

Developing a universal definition of 'care experience': consultation [Scotland]
The purpose of this consultation is to seek views on the need for a universal definition of ‘care experience’ and what the potential impacts of this could be.
In response to its commitment to keep The Promise, The Scottish Government Keeping the Promise Implementation Plan set out the cross-Government actions and policies that will be taken to bring about the transformational change required to keep the Promise by 2030.  This includes a commitment to work with partners across Scotland, including The Promise Scotland, to develop a universal and inclusive definition of ‘care experience’ so that more people can understand and identify with it. 

The consultation paper can be found at: Developing a universal definition of 'care experience': consultation - gov.scot (www.gov.scot).  Responses are requested via the Scottish Government’s consultation hub Citizen Space, which can be accessed online Developing a Universal Definition of ‘Care Experience’

Closing date for responses is 8 January 2025.


COUNCIL TAX

The Valuation of Houses in Multiple Occupation (HMOs) for Council Tax [Wales]
The Welsh Government are seeking views on draft Regulations on Council Tax for HMOs in Wales.

They are consulting on draft Regulations:-

  • To ensure HMOs are banded as a single property with 1 Council Tax band.

  • To ensure the HMO owner remains liable for Council Tax.

To achieve this, they are proposing to disapply the Council Tax (Chargeable Dwellings) Order 1992 and the Council Tax (Liability for Owners) Regulations 1992 in relation to Wales and make the Council Tax (Chargeable dwellings) (Wales) Regulations 2025 and the Council Tax (Liability for Owners) (Wales) Regulations 2025.

The new Regulations would replicate the existing provisions and include new provisions so that HMO properties are aggregated and treated as a single dwelling for Council Tax purposes. The Regulations would also expand the prescribed class of HMO for which the owner is responsible for paying Council Tax. Regulation 4 of the Council Tax (Liability for Owners) (Wales) Regulations 2025 transfers the liability to pay Council Tax to the person who has the most inferior interest (whether freehold or leasehold) in the whole of the dwelling or, where there is no such person, the freeholder of the whole or any part of the dwelling, rather than to the owner.

The consultation can be found at https://www.gov.wales/valuation-houses-multiple-occupation-hmos-council-tax.

Closing date for responses is 26 November 2024.


CREDIT UNIONS

Open call for evidence: Credit Union Common Bond Reform [England]
This call for evidence seeks views on the merits of and considerations for changing the credit union common bond requirement for membership in Great Britain, under the Credit Unions Act 1979.

Credit unions are member-owned and democratically controlled financial institutions which primarily provide loans and savings products to their members. Under the Credit Unions Act 1979, credit union members must have specific common bonds between them. These are the links and common communities between members.

The aim of this call for evidence is to understand whether there is a case to change parts of the common bond requirement, in order to help credit unions grow sustainably and ensure this aspect of the legislative framework for credit unions is fit for the 21st century.

This call for evidence only seeks views on the common bond for credit unions in England, Wales, and Scotland. This is because responsibility for credit unions in Northern Ireland is a devolved matter for the Northern Ireland Executive.

The consultation paper can be found https://www.gov.uk/government/calls-for-evidence/credit-union-common-bond-reform?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=243cbac8-5e8d-4ad1-a5fd-277ac90d6208&utm_content=daily.

Closing date for responses is 6 March 2025.


ENFORCEMENT

Consultation on the Enforcement Conduct Board’s approach to Complaints Handling and Sanctions [England and Wales]
This consultation paper covered four key areas on the Enforcement Conduct Board’s (ECB) approach to complaints:

In Part A:
i) The Guidance that accompanies the Standards for Complaints.

In Part B:

i) The ECB’s Complaints Handling Process.

ii) The ECB’s Guide to Remedy.

iii) The ECB’s Decision Review Process.

In Part C, this consultation paper also covered the ECB’s rules and process for determining whether to impose Sanctions on enforcement firms for non-compliance with the ECB standards. This follows on from its recent standards consultation.

Following this consultation, ECB will refine and finalise its approach to complaints and sanctions, prior to launching them in advance of them coming fully into effect from January 2025.

The consultation can be found at https://enforcementconductboard.org/wp-content/uploads/2024/10/Consultation-on-ECB-approach-to-Complaints-Handling-and-Sanctions.pdf.

Closing date for responses was 7 November 2024 (5.00pm).

The IRRV's response can be found at IRRV_Response_ECB_Complaints_Consultation_2024.pdf


 

LOCAL AUTHORITIES

Enabling Remote Attendance and Proxy Voting at Local Authority Meetings [England]

This consultation seeks views on the detail and practical implications of allowing remote and hybrid attendance at local authority meetings.

It also tests views on the possible introduction of proxy voting for those occasions when an elected member, due to personal circumstances, may be unable to attend even remotely. For example, during maternity, paternity or adoption leave.

The consultation can be found at https://www.gov.uk/government/consultations/enabling-remote-attendance-and-proxy-voting-at-local-authority-meetings.

The closing date for responses is 19 December 2024.


NON-DOMESTIC RATES

Transforming Business Rates [England]

At the Autumn Budget 2024, the government announced its intention to introduce permanently lower business rates for retail, hospitality and leisure properties from 2026-27 to level the playing field for the high-street. 

This paper sets out the government’s priority areas of reform to achieve the remaining objectives. The paper includes the following chapters:

  • Chapter 1 explains why the government believes the business rates system needs to be reformed.

  • Chapter 2 details the immediate actions taken by the government in Autumn Budget 2024 to protect the high street.

  • Chapter 3 sets out the government’s areas of interest for further reform.

  • Chapter 4 sets out the government’s next steps and how stakeholders can participate.

The government is interested in receiving representations from all interested parties and stakeholders on the priority areas set out in chapter 3. They are especially interested in receiving representations from businesses and their representatives, local authorities, and rating agents.

They will be conducting engagement between November 2024 and March 2025, with an initial phase of engagement before Christmas.

Technical Consultation on the VAT and Business Rates Changes Affecting Private Schools [England]

The government published a technical note outlining the design, scope, and expected impact of applying 20% VAT to private school fees across the UK and removing the business rates charitable rates relief for private schools in England. This technical note was intended to provide clarity to those schools and families who will be impacted by these changes.

Draft legislation on the VAT policy change, accompanied by an explanatory note, was published alongside this technical note. The government welcomed comments from interested stakeholders on the questions contained within the technical note, and on the draft VAT legislation to ensure it achieves the government’s policy objectives.

The five questions contained within this consultation were:

Question 1: Does the above definition of private schools capture all private schools across the UK?

Question 2: Does this definition inadvertently capture any organisations that this policy does not intend to capture?

Question 3: Does the above “connected persons” test capture the relationships that exist between private schools and third parties?

Question 4: Does this “connected persons” test inadvertently capture any relationships that it is not intended to capture?

Question 5: Does this approach achieve the intended policy aims across all four UK nations?

The consultation could be found at https://www.gov.uk/government/publications/vat-on-private-school-fees-removing-the-charitable-rates-relief-for-private-schools?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=727c31b3-fdb1-4461-b624-2cdd15aac757&utm_content=daily.

Closing date for responses was 15 September 2024.

The government published their response to this consultation on 30 October 2024. The response can be found at https://www.gov.uk/government/publications/vat-on-private-school-fees-removing-the-charitable-rates-relief-for-private-schools.

Consultation on Charitable Non-Domestic Rates Relief for Private Schools in Wales [Wales]

The Cabinet Secretary for Finance and Welsh Language, Mark Drakeford MS, has launched a consultation on the Welsh Government’s proposal to withdraw charitable non-domestic rates relief from private schools, from 1 April 2025. In Wales, private schools are registered as ‘independent schools’.

The consultation sets out the Welsh Government’s proposal and asks for views.

The consultation can be found at https://www.gov.wales/charitable-non-domestic-rates-relief-private-schools.

The deadline for responses is 16 December 2024.


PENSIONS

Local Government Pension Scheme (England and Wales): Fit for the future [England and Wales]

A consultation on a package of proposed reforms to the structure, investments, and governance of the Local Government Pension Scheme.

This consultation seeks views on proposals designed to strengthen the management of Local Government Pension Scheme investments. The proposals relate to the topics of asset pooling, local and regional investment, and scheme governance.

The consultation can be found at https://www.gov.uk/government/consultations/local-government-pension-scheme-england-and-wales-fit-for-the-future?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=d1fe4792-a454-4c2b-87ab-745c60cd42c9&utm_content=daily..

The deadline for responses is 16 January 2025.


SOCIAL HOUSING

A review of the increased Right to Buy discounts introduced in 2012 [England]

The Right to Buy has been an important route for social housing tenants to access home ownership, but this has had a negative impact on council housing stock, with many of the homes sold not replaced.

The government has reviewed the increased discounts introduced in 2012, informed by external analysis and reports, as well as engagement with councils, social tenants and other stakeholders. This document is the conclusion of the review.
The review concludes that returning discounts to their pre-2012 regional levels will deliver a fairer and more sustainable scheme that offers better value to the taxpayer. Secondary legislation to reduce the maximum cash discounts was laid in Parliament on the 30 October and was intended to come into force on the 21 November.

The document can be found at https://www.gov.uk/government/publications/a-review-of-the-increased-right-to-buy-discounts-introduced-in-2012?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=564d2782-7495-4545-9bf2-b8a5639967ad&utm_content=daily

Consultation on future social housing rent policy [England]

The government are seeking views on a draft Direction to the Regulator of Social Housing. The Direction would require the Regulator to set a regulatory standard on rents that will apply to Registered Providers of social housing.

This encompasses:

  • Private Registered Providers (including housing associations that are Private Registered Providers).

  • Local authority Registered Providers (such as local authorities with retained housing stock)

Section 197 of the Housing and Regeneration Act 2008 gives the Secretary of State the power to direct the Regulator of Social Housing to set a standard on rent, and about the content of that standard. Once issued, a Direction is binding on the Regulator.

They propose to use this power to issue a new Direction to the Regulator on rent. The proposed Direction has been published alongside this consultation.

The consultation can be found at https://www.gov.uk/government/consultations/consultation-on-future-social-housing-rent-policy

The closing date for responses is 23 December 2024.


SUPPORTED HOUSING

Supported Housing Review 2023 [England]

The Supported Housing Review, which Sheffield Hallam University were commissioned to undertake for MHCLG and DWP, has just been published.

They are delighted to be able to share the final report, along with a separate Executive Summary, which has been published on the GOV.UK website https://www.gov.uk/government/publications/supported-housing-review-2023.

They would like to share their gratitude for the IRRV’s support, and that of our members, in taking the time to take part in the surveys and interviews which form the foundation of the study. They hope the findings will be valuable to the IRRV membership. Please feel free to share the link with any colleagues, partners, or others who may find it of interest.


TRADE UNIONS

Making Work Pay: Creating a Modern Framework for Industrial Relations [England]

The Department for Business and Trade are consulting to modernise the legislative framework that underpins trade unions, seeking views on several specific measures.

The consultation seeks views on:

  • Simplifying the amount of information unions are required to provide in industrial action notices.

  • Strengthening provisions to prevent unfair practices during the trade union recognition process.

  • Removing the 10-year ballot requirement on political funds.

  • Securing a mandate for negotiation and dispute resolution.

  • Extending the expiry of the strike mandate.

  • Reducing the industrial action notice period.

  • Updating the law on repudiation and prior call.

  • The enforcement mechanism for right of access.

This consultation provides an opportunity for all interested parties to contribute to the policy development set out in this consultation.

The consultation can be found at https://www.gov.uk/government/consultations/making-work-pay-creating-a-modern-framework-for-industrial-relations?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=c868fcee-c73a-4d94-8c0b-2e15c0a46a6e&utm_content=daily.

The closing date for responses is 2 December 2024.


VALUATION

Consultation on Disclosure: Sharing Information on Business Rate Valuations [England]

The Valuation Office Agency (VOA) asked for views on disclosing more information on business rates valuations. This includes having access to an analysis of the evidence used to calculate the rateable value of your property and an explanation of how evidence has been used.

The proposed changes follow the government’s review of the business rates system. VOA welcomes views from:

  • Ratepayers (including occupiers or tenants of non-domestic properties who do not pay business rates  due to reliefs).

  • Landlords.

  • Rating agents.

  • Business representative bodies.

  • Local authorities.

  • Other stakeholders interested in the business rates system.

The consultation closed on 7 June 2023

The IRRV response can be found at https://www.irrv.net/documents/weblinks/2023/7/IRRV-Response-VOA-Consultation-Disclosure.pdf.

The government’s response to this consultation was published on 30 October 2024 and can be found at https://www.gov.uk/government/consultations/consultation-on-disclosure-sharing-information-on-business-rate-valuations/outcome/disclosure-consultation-summary-of-responses#chapter-1---executive-summary.


The Law Commission’s Review of Part 2 of the Landlord and Tenant Act 1954 Consultation [England and Wales]

The Law Commission’s first Consultation Paper on “Business Tenancies: the right to renew” was published on 19 November. Publication marks the beginning of a 3-month consultation period, ending on 19 February 2025.

Their Business Tenancies project is a review of the 1954 Act. The Act gives business tenants a legal right to another tenancy when their existing tenancy comes to an end (a right known as “security of tenure”), subject to the landlord’s ability to oppose another tenancy in certain circumstances.

The Consultation Paper asks key questions about the possible options to reform the 1954 Act. In particular, they consider the pros and cons of the current “contracting-out” model of security of tenure and consider three alternative models: mandatory security of tenure, abolition of security of tenure and a “contracting-in” model. They seek consultees’ views on which model they prefer. They also seek views on whether or not the types of business tenancy which can benefit from security of tenure – the Act’s scope – are the right ones.

After they have analysed all the responses to our first Consultation Paper and reached conclusions on the issues it raises, they will then expect to publish a second, technical Consultation Paper.

Alongside the Consultation Paper, they published a short survey on the impact of Part 2 of the Landlord and Tenant Act 1954 (“the 1954 Act”) on the current commercial leasehold market.

The consultation can be found here. The survey can be found here.

The deadline for responses is 19 February 2025.

GENERAL

A library containing Institute responses to Consultations, Inquiries, Surveys etc. can be found at https://www.irrv.net/homenew/item.php?wid=20&iid=27496


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