DEVOLUTION WHITE PAPER
The biggest shake up of local government in over 50 years.
Just before Christmas 2024, the Government published its Devolution White Paper – Power and Partnership: Foundations for Growth. The principles set out over 118 pages of detail, have occupied local government leadership teams ever since, and with tight timescales for implementation, they will continue to do so for the weeks and months ahead.
That is because the scale of change is arguably the most significant since 1972, with the Government seeking to undertake a joint programme of devolution and local government reorganisation.
In terms of devolution, the plan is clear: The Government wants every area of England to be covered by the devolution of powers from Westminster to local government, ideally by the end of this Parliament. That is ambitious, with just 61% of England currently covered by a devolution deal (90% of the North of England but only 46% of the South of England). Six priority areas have already been identified for fast-tracked devolution. Devolved authorities will be led by an elected Mayor (with limited exceptions).
The Government White Paper has also proposed significant local government re-organisation in England, re-organising two-tier authorities into larger unitary authorities with a population of 500,000 or more (with some exceptions). Some existing unitary authorities may also be re-organised, “where there is evidence of failure or where their size or boundaries may be hindering their ability to deliver”. On 6 February 2025, the Ministry of Housing, Communities and Local Government (MHCLG) issued a statutory invitation under Part 1 of the Local Government and Public Involvement in Health Act 2007 (LGPIHA 2007) to all two-tier local authorities and small neighbouring unitary authorities, to develop proposals for local government re-organisation.
The challenges for local government leaders are substantial, not least because they have to make existential decisions at a rapid rate. Our aim in this Hub is to help connect leaders with strategic guidance and insights on important topics relating to devolution and local government re-organisation. If you have any questions or topics that you would like covered, do not hesitate to contact one of our local government specialists.
HOW WE CAN HELP
Since the Devolution and Local Government Reform (LGR) White Paper launched just before Christmas last year, local authority leadership groups have worked tirelessly to create their proposals for restructuring, whilst simultaneously ensuring that their existing council continues to deliver services in difficult times. Either one of these would be all-consuming at the best of times but the ambitious timelines set out by the Government and the recent announcements relating to this have added additional layers of complexity. We are here to help you navigate these challenges and can do so as follows:
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Advice on the strategic issues, for example, how to make decisions that achieve best value duty without compromising the future unitary authority, for example in acquisitions, disposals and project work
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Advice on practicalities of asset transfers (e.g. asset reviews, and particular title/terms), including identifying all assets in your possession, any liabilities attached to them (e.g. contamination, rights of way, third party interests) and the options available for transfer (particularly complex if a multiple unitary option is emerging).
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Advice on disposal of surplus assets, including consideration of ‘best value’, public law duties, timings (before or after vesting day), overage and clawback.
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Review of leasehold estate, including identifying term expiry, break clauses, termination/exit provisions.
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As an Arbiter on disputes arising from the interpretation of the transfer regulations
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Interpreting charitable objects and the transfer of charitable assets to a successor unitary authority
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By providing you with additional capacity on your property, planning, construction and other needs in busy periods and helping you to achieve the necessary objectives ahead of vesting day.
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Ongoing knowledge transfer, including developments in LGR, as well as changes to existing service provisions.
OUR LOCAL GOVERNMENT SPECIALISTS
Senior Partner
Partner
Client Director
Consultant
Head of ESG