Advice and legal support at each stage of the process
Local Authorities facing reorganisation from a two-tier system to a unitary authority, are presented with a once in a generation opportunity to reshape local government structures. However demand placed on legal teams and other council resources to oversee and execute the process, can’t be underestimated.
At Forbes, our local government lawyers have first-hand experience of working with and for unitary authorities and are fully aware of the pressures a restructuring project of any scale can place on an organisation.
Our Local Government Reorganisation support service has been designed to provide your in-house legal team with advice, assurance and additional legal resources, at every key procedural stage of the process.
Preparing LGR Proposals
We will support your legal team to gather and evidence the statutory criteria (population scale, geography, service sustainability, local support), review governance models, options and risks and advise senior leadership and members on the legal implications of different structural choices. Ultimately ensuring your proposal complies with the Local Government and Public Involvement in Health Act.
Statutory Consultation, Decision & Implementation
We will support your legal team to manage statutory orders and governance transitions, including reviewing the Structural Change Order (SCO), identifying any gaps, risks or practical implications, and supporting with negotiations on boundaries and service transfer.
Transition & Shadow Arrangements
We can support your legal team with advice on service transfer and transition governance arrangements, to help establish a “shadow authority” (the temporary democratic body overseeing transition).
We can also support with drafting the new constitution, advise on establishing shadow executive committees, and create or review the scheme of delegation, contract standing orders, financial regulations, codes of conduct and scrutiny arrangements – all helping shape how the new authority will legally operate from day one.
Your legal team will have a lot to consider to ensure the new authority inherits everything lawfully; assets, contracts, liabilities, property and finance transfer to name but a few. Our lawyers can assist with identifying any contract novation or assignment needs, advising on loans, ongoing litigation, insurance and indemnities.
We can help you to maintain a ‘business as usual’ legality whilst the structure changes, by identifying any risks of judicial review.
Our specialist employment lawyers and HR advisors are also on hand to support with the TUPE processes, to transfer all employees to the new unitary authority.
Post-implementation Service Transformation
Once the new structure is operational and the reorganisation process draws to a close, our lawyers can support your team with the final stages, such as structuring shared service disaggregation, reviewing statutory responsibilities, and harmonising policies across multiple former organisations.
We can also support with completing all remaining contract novations and property registrations, closing down former legal entities and resolving any disputes that remain or arise from the process.
Preparing LGR Proposals
We will support your legal team to gather and evidence the statutory criteria (population scale, geography, service sustainability, local support), review governance models, options and risks and advise senior leadership and members on the legal implications of different structural choices. Ultimately ensuring your proposal complies with the Local Government and Public Involvement in Health Act.
Statutory Consultation, Decision & Implementation
We will support your legal team to manage statutory orders and governance transitions, including reviewing the Structural Change Order (SCO), identifying any gaps, risks or practical implications, and supporting with negotiations on boundaries and service transfer.
Transition & Shadow Arrangements
We can support your legal team with advice on service transfer and transition governance arrangements, to help establish a “shadow authority” (the temporary democratic body overseeing transition).
We can also support with drafting the new constitution, advise on establishing shadow executive committees, and create or review the scheme of delegation, contract standing orders, financial regulations, codes of conduct and scrutiny arrangements – all helping shape how the new authority will legally operate from day one.
Your legal team will have a lot to consider to ensure the new authority inherits everything lawfully; assets, contracts, liabilities, property and finance transfer to name but a few. Our lawyers can assist with identifying any contract novation or assignment needs, advising on loans, ongoing litigation, insurance and indemnities.
We can help you to maintain a ‘business as usual’ legality whilst the structure changes, by identifying any risks of judicial review.
Our specialist employment lawyers and HR advisors are also on hand to support with the TUPE processes, to transfer all employees to the new unitary authority.
Post-implementation Service Transformation
Once the new structure is operational and the reorganisation process draws to a close, our lawyers can support your team with the final stages, such as structuring shared service disaggregation, reviewing statutory responsibilities, and harmonising policies across multiple former organisations.
We can also support with completing all remaining contract novations and property registrations, closing down former legal entities and resolving any disputes that remain or arise from the process.
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