Guidance

Local government and the EU

Guidance to help local councils adapt to new rules now that the UK has left the EU and the transition period has ended.

From:
Ministry of Housing, Communities and Local Government and Department for Levelling Up, Housing and Communities
Published
4 March 2021
Last updated
12 September 2023 — See all updates

Applies to England

This page brings together key guidance and information to help local government adapt to new rules now that the UK has left the EU and the transition period has ended.

If you have any feedback on this page or would like to get in touch about the work you are doing locally on transition and new rules, please contact LGEngagement@levellingup.gov.uk

The Department for Levelling Up, Housing and Communities (DLUHC) sends a daily Local Government Bulletin (Monday to Friday) with the latest government guidance, advice, communications products and important topics of interest for local government.

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The Border Target Operating Model: August 2023

On 29 August 2023, the Cabinet Office published the final Border Target Operating Model which sets out a new approach to security controls (applying to all imports), and sanitary and phytosanitary controls (applying to imports of live animals, animal products, plants and plants products) at the border. It outlines how controls will be simplified and digitised, and the ambition for the UK’s new Single Trade Window.

It incorporates and responds to feedback from stakeholders on the earlier draft Border Target Operating Model  wherever possible. It has been developed with further collaboration across the UK, Scottish and Welsh Governments, and engagement with officials from the devolved administration in Northern Ireland.

The government will work closely with stakeholders to prepare for each of the major Border Target Operating Model milestones outlined on page 13 of the document.

For those who import food products, live animals, animal products, plants or plant products into Great Britain, you can check the Border Target Operating Model risk-level of your commodity now, to be ready for upcoming changes to border processes.

The Cabinet Office has also published The Ecosystem of Trust Evaluation Report 2023  alongside the Border Target Operating Model.

For any further queries or questions you have about the final Border Target Operating Model, please contact  border.enquiries@cabinetoffice.gov.uk

Overview - local government and the EU

The government has published an overarching explainer which gives an overview of what the UK-EU free trade deal means in practice now the UK has left the EU.

The explainer also includes a broader guide to ‘life after Brexit’ with links to guidance on the range of actions businesses and citizens may need to take.

There is Brexit guidance for citizens and businesses to find out how Brexit rules apply to things like travelling, working, studying and doing business with Europe in or with EU countries.

UK exporters can also be directed to the Check How to Export Goods (CHEG) tool and a 60-second step-by-step explainer video on how to use the CHEG tool.

How to export goods from the UK: check how to export goods

Business support helplines can be found here to assist UK businesses with enquiries related to the new rules after Brexit. Businesses in need of support can call the Business Support Helpline, send an email, or get in touch by webchat.

The Department for Environment, Food and Rural Affairs (Defra) runs an industry forum for all businesses within the agri-food supply chain and which move goods between Great Britain (GB) and Northern Ireland (NI). To express an interest, and those with any questions about the Thursday fortnightly meeting can email Defra: NIGBFoodSupplyChainForum@defra.gov.uk

We encourage all traders to contact Defra at traders@defra.gov.uk with any queries on the Windsor Framework.

Access to public services

Children’s services, schools and education

The EU Settlement Scheme

The local authority introduction to the EU Settlement Scheme includes a number of useful resources for councils, including:

There are also specific resources on looked-after children and care leavers:

For EU citizens, children and their families:

Other resources are also available for applicants, including late applicants and vulnerable citizens:

Points based immigration system

A transcript of a podcast is available with information for employers to prepare for the UK’s points-based immigration system. This includes an explanation from a panel of experts in business and immigration about what the immigration system is and how employers can prepare.

Regulatory services

Food Standards Agency (FSA) updates for local authorities on the new rules can be found on FSA Smarter Communications.

Statutory instruments which have been laid and identified as having impacts on local authorities are listed on a separate page: EU (Withdrawal Agreement) Act 2020 secondary legislation laid with impacts on local government. A full list of related secondary legislation can be found on the government legislation site.

A dedicated hotline and online service for UK exporters is available here. UK business selling goods or services to Europe can contact the UK government export support team by phone or online. They can ask any question for their business, including on:

  • exporting to new markets
  • paperwork needed to sell goods abroad
  • rules for a specific country where they want to sell services

Retained EU Law

On 16 September, the government announced new plans to improve, repeal or reform EU laws. Under the plans, EU laws kept on the statute book after Brexit – known as Retained EU Law – will be improved or repealed if they do not benefit UK citizens and businesses.

The government also set out a package of individual regulatory reforms to laws inherited while a member of the EU, building on recommendations recently submitted to government by the Taskforce for Regulatory Reform, Innovation and Growth.

The Retained EU Law (Revocation and Reform) Bill 2022

The Retained EU Law (Revocation and Reform) Bill was introduced to Parliament on 22 September 2022.

Regulatory Reform Update

On 10 May 2023, the Secretary of State for Department for Business and Trade, Rt Hon Kemi Badenoch MP updated the House on the government’s regulatory reform programme, and on amendments that were being tabled to the Retained EU Law (Revocation and Reform) Bill (‘the Bill’).

The government tabled an amendment for Lords Report, which replaced the current sunset in the Bill with a list of the retained EU laws that were intended to be revoked under the Bill at the end of 2023. This was to  provide certainty for business by making it clear which regulations will be removed from the statue book, instead of highlighting only the REUL that would be saved. The government will retain the important powers in the Bill that allow the continuation of amending EU laws, so more complex regulation can still be revoked or reformed after proper assessment and consultation. The was REUL dashboard was also updated.

Information for Food Competent Certifying Officers (FCCO)

A recorded webinar is available with information for certifiers (FCCOs) including details about Export Health Certificates (EHCs) and a demonstration of EHC Online – the digital service that businesses and certifiers will use to apply for and manage EHC applications.

Webinar with information for certifiers (FCCOs)

Internal operations

Council employees

Data

The EU formally adopted ‘adequacy decisions’ for the UK, which allow for the ongoing free flow of personal data from the EU/EEA to the UK. In doing so, the EU has formally recognised the UK’s high data protection standards.

The decisions mean that UK businesses and organisations can continue to receive personal data from the EU/EEA without having to put additional arrangements in place with European counterparts.

The Information Commissioner’s Office is consulted on how organisations can continue to protect people’s personal data when it is transferred outside of the UK. The consultation closed on 11 October 2021.

Local elections

EU citizens who have been resident in the UK since before 31 December 2020 and have lawful status will retain their voting and candidacy rights.

For EU citizens who arrived in the UK after 31 December 2020, voting and candidacy rights will be granted only to citizens of those countries with which the UK has voting rights agreements. These agreements will enable UK nationals living in those countries to vote in their local elections, and citizens from those nations living here to vote in our local elections.

For citizens of EU countries where there is no reciprocal agreement in place, they will no longer be able to vote or stand in local elections in England or Northern Ireland, Northern Ireland Assembly elections, or Police and Crime Commissioner elections in England or Wales from the time these measures come into effect.

See Local voting rights for EU citizens living in the UK.

See also the written ministerial statement by the Minister of State for the Constitution and Devolution, on local elections and local voting rights for EU citizens living in the UK.

Procurement

Subsidy control

Waste

Updates to this page

Published 4 March 2021
Last updated 12 September 2023 + show all updates

  1. Page updated to add the final Target Operating Model publication and amendment to REUL bill and timetable.

  2. Page updated to include the publication and announcement of the draft Border Target Operating Model.

  3. Page updated to include the Retained EU Law Bill announcement and associated bill publications and link added to the Border Operating Model page.

  4. Amended the page to reflect the updated approach to import controls to help ease the cost of living.

  5. Updated the page to reflect the introduction of full customs declarations and controls on 1 January 2022. Added links to: Overview, The EU Settlement Scheme, Ports and borders, Regulatory services, Retained EU law, Local elections.

  6. Added links to: an overview of the UK-EU free trade, Defra industry forum registration of interest, letter from the Minister for Future Borders and Immigration to Directors for Children’s services, a policy paper on Local Voting Rights for EU Citizens Living in the UK, written ministerial statement (WMS) by Minister of State for the Constitution and Devolution, on local elections, guidance on the Movement Assistance Scheme: get help with moving agrifood goods to Northern Ireland. Data section updated to reflect the EU's formal adoption of 'adequacy decisions' for UK to allow free flow of data from EU/EEA to UK.

  7. Added links to Regulatory services, and a link to The EU Settlement Scheme.

  8. Added links to: introductory section, Upcoming key milestones, The EU Settlement Scheme, Regulatory services, Information for Food Competent Certifying Officers (FCCO), Internal Operations: Data.

  9. First published.

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