MDJ Book Mar 23

A Guide to Local Authority Companies and Partnerships (‘LACAP’)

LACAP 2020 160

‘An invaluable, comprehensive toolkit for lawyers, law firms and others advising on or participating in Local Authority Companies and Partnerships’ - Local Authority Chief Executive

Changes since the publication of the 2020 Guides to Local Authority Charging and Trading (‘LACAT’) and LA Companies and Partnerships (‘LACAP’).

A Note from the Author, Rob Hann:

Both my Guides LACAT and LACAP were written and published in 2020, i.e. prior to the huge changes which have now happened post 2021, namely the UK’s departure from the European Union, otherwise known as Brexit. These changes will impact on the content of both books going forward. In particular new legislation has now been enacted and which departs from the processes described for EU procurement and state aid chapters.

Changes to Procurement

For more information about the impact of the Exit Regulations and of Brexit generally on the public procurement regime, please visit www.sharpepritchard.co.uk/brexit-hub/ 

Changes to State Aid

From 1 January 2021, the EU State aid rules no longer apply to funding and other forms of support measures granted to business by UK public authorities. In place of the EU State aid rules, new provisions are set out in Chapter 3 of Title XI of the new Trade and Cooperation Agreement (the ‘TCA’).

While the TCA adopts a familiar set of principles to previous EU State aid regulations, the terminology and structure of the rules the UK must adhere is very different.

The concept of ‘subsidy’ replaces ‘State aid’; a recognition that the UK is no longer in the EU Single Market. ‘Subsidy’ is defined in terms very similar to the concept of ‘aid’, meaning that what would have been considered ‘aid’ before 31 December 2020 is largely likely to be captured under the Subsidy Control regime from 1 January 2021.

Author: Rob Hann

Cost: £95 (£150 for two).

LACAP 2020 - SPECIAL OFFER

Following popular demand LACAP 2020 has now been reprinted and is, once again, available for purchase by order exclusively through this Local Government Lawyer portal (scroll down to purchase).

The original RPI was £150 per copy but now two copies of LACAP can be ordered for the price of one (£150 = 2 x LACAP copies free of postage and packing costs}

For one copy of LACAP the price is £95 per copy free of postage and packing costs

About ‘A Guide to LACAP’

Written by experienced local government lawyer and consultant Rob Hann, the 2020 edition of this unique book charts how partnerships, (whether in the form of limited companies or various other sorts of collaborations), involving local authorities, the private sector and/or the voluntary sector, can be established. This single volume, replaced the subscription based version of LACAP which Rob maintained for 25 years.

Whilst LACAP 2020 has been ‘out of print’ from 2024-June 2025, following demand from practitioners, Rob has found a way to reprint LACAP 2020. Much of the 2020 edition remains valid and useful to lawyers and others exploring ways to set up local authority companies and partnerships. Whilst changes to the legislative environment have now taken place since 2020 and following Brexit, Rob will seek, where possible to highlight major changes in bulletins with the help of Sharpe Pritchard Solicitors (Peter Collins, partner and practitioner who is involved in establishing LACAPs).

LACAP 2020 continues to provide an essential toolkit for anyone (lawyers, chief officers, service leads and others) who may be tasked with setting up, managing, or advising local authorities and/or the many diverse corporate vehicles councils create. The book provides a ‘road map’ - to follow in the footsteps of the many successful companies and partnerships which have already been established in local government. The increasing use of alternative delivery vehicles means that many councils are still coming to terms with the legal, financial and governance issues related to these entities and their relationship to that parent body.

This book can help untangle and explain many of those complexities.

The legislative landscape for trading remains a difficult one to navigate, despite laws which have been introduced specifically to facilitate income generation through charging and trading. There are now many examples of successful local authority trading enterprises which are active in the market and provide role models for others to follow (some of which are featured on the cover of LACAP).

This book covers not just partnerships forged through traditional companies limited by shares but explores the full range of corporate vehicles used by local government in the modern age. It can, at times, be an unforgiving environment, as demonstrated by the myriad of court cases contained and featured in this work.

Those who advise local authorities, or who are invited onto a local authority company board, will find it hugely advantageous to have a copy of a Guide to LACAP handy, to study its content and to take proper heed of the lessons of the past.

Coherent delivery strategies are essential in both the set up and the management of such projects, the regulation of which can be volatile and unclear, and this book uses flowcharts and diagrams to simplify the message. Local authority powers and the powers of general competence contained in the Localism Act 2011 are comprehensively covered.

Local authority corporate structures which have become so familiar in the UK, such as so-called Teckal trading companies, are likely to remain an important part of the local authority landscape for some time to come.

About the author
Rob Hann is an experienced solicitor, specialising in local government law. He has worked for many years in the public sector on major infrastructure projects, the PFI and helping local authorities to commercialise services through trading companies and other vehicles. He has also helped several authorities to bid for devolution and setting up combined authorities.

He is a regular author of articles and publications as well as two major local government textbooks and a ‘sister’ publication to LACAT – A guide to local authority charging and trading powers 2020.

What is this book about?
The content provides a valuable source of assistance to local authorities seeking to find new ways of working through companies and other partnerships. It charts the progress of local authority companies and partnerships and the various political legal and economic factors that have impacted over 35 years to make Lake apps the feature of the modern local authority landscape

Who should buy LACAP?
In house lawyers in local government, law firms advising local government, boards of directors and managers of other vehicles or bodies created by local authorities; local authority chief officers and heads of service would also find much of the material both useful and accessible. Individuals and organisations set up as joint ventures or wholly owned trading companies, social enterprises, local enterprise agencies, joint boards and LLPs set up by or with local councils

What value will it add?
The content is unique and comprehensive and written from a practical perspective by practitioners. It is designed to be used and referenced by public and private sector lawyers and non-lawyers alike. The book will save valuable research time, provide a steer on some of the ‘wicked issues’ which will impact local authority companies including statutory powers, vires, procurement, state aid and corporate governance to name but a few. Several major law firms have also contributed significant expertise in the form of chapters to help make this book the must have guide to LACAPS in the post-Brexit environment.

Order details

Cost: £95 (£150 for two copies)

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