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County council definition

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What does County council mean?

The upper tier of two-tier authorities, generally responsible for core services such as adult social services, education, transport and highways, waste disposal and strategic planning.

County Councils are established by the Local Government Act 1972 ss 1, 2, 20, 21 and Schs 1, 4.

Minimise

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Planning—enforcement

Breach of planning control and enforcement actionFor the purposes of Town and Country Planning Act 1990 (TCPA 1990), a breach of planning control is subject to enforcement action. For these purposes, a breach of planning control means:•carrying out development without the required planning permission—this inherently requires that unauthorised operations or a material change of use which constitute development within the meaning of TCPA 1990, s 55 have occurred, and that planning permission is required for that development and not been obtained. In deciding whether a breach of planning control has occurred within this context, the guidance and case law concerned with the meaning of ‘development’ will need to be followed, see Overview: Is planning permission required?•failing to comply with any condition or limitation subject to which planning permission has been granted—this includes any of the limitations or conditions applied to individual permitted development rights in the Town and County Planning (General Permitted Development) (England) Order 2015, SI 2015/596Responsibility for enforcement actionResponsibility for enforcing breaches of planning control is generally vested in the local planning authority (LPA). This is usually the district planning authority, but if the planning issue constitutes a 'county matter' (mainly development relating to mineral working), then the county planning authority will have exclusive jurisdiction. Where a unitary authority has been created under the Local Government Act 1992, then it will

System development and systems integration agreements

System development and systems integration agreements System development agreements govern a wide range of projects from the straightforward to the large, complex and costly. The objective is usually simple: to create an IT system meeting the customer’s needs in a trouble-free way, by an agreed time and for an agreed price. However, this simple ambition often masks a mass of complexity reflecting the underlying complexity of IT systems themselves. Practical matters, including the methodology for the project, the components of the system and how the system should work in real-life conditions, fundamentally affect the issues that a development agreement must address. Without a clear working knowledge of the commercial and technical issues, there is a good chance that lawyers will produce contracts which are divorced from reality and inadequately address the risks. In addition, development contracts contain a mixture of contract, intellectual property and commercial issues which can look standard to the uninitiated but in fact vary widely in order to accommodate specific project requirements. This Practice Note covers the following key issues: • Development methodology • Incorporating other software • Hardware • Development as part of a wider project • Specification stage • Project management, timing and quality of approach • Acceptance testing • Systems integration • Intellectual property rights • Software warranties • Escrow • Payment • Dependencies • Limitation of liability • Confidentiality and exclusivity • Termination • Checklist • Case examples See also Precedents: Systems integration agreement—pro-customer and Systems integration agreement—pro-supplier. Development methodology Development methodology refers

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Claim for personal injuries arising from a fall in a care home

Claim for personal injuries arising from a fall in a care home IN THE [COUNTY COURT AT [Insert] OR HIGH COURT] Claim No. [Insert claim number] Parties: [Mr JO BLOGGS] Claimant [(a patient, by his son and litigation friend MR JOHN BLOGGS] -and- [TEMPLESHIRE COUNTY COUNCIL] Defendant __________________________________ PARTICULARS OF CLAIM (CLINICAL NEGLIGENCE) __________________________________ The parties 1 The Claimant, a patient, was at all material times under the care of the Defendant, its employees or agents in respect of his nursing and personal care. 2 At all material times the Defendant operated, managed and administered a residential care home known as [Insert care home name], situated at [Address] (‘the care home’). 3 At all material times referred to below: 3.1 the Claimant was under the care of the Defendant and the Defendant owed a direct non-delegable duty to the Claimant in respect of that care; 3.2 the Defendant’s staff, agents and employees owed the Claimant a duty of care to treat him with reasonable professional care, competence and skill; and 3.3 the said staff, agents or employees had the care of the Claimant pursuant to their contracts of engagement or employment with the Defendant, and, accordingly, the Defendant is liable to the Claimant for any negligent acts or omissions, as well as being directly liable for any system failures. Background facts 4 In 2014, the Claimant was diagnosed as suffering from Alzheimer-type dementia. 5 In January 2015,

Traffic Regulation Order—legal order

Traffic Regulation Order—legal order ORDER TRAFFIC REGULATION ACT 1984 [add name of county council] [add public right of way / road number/s and location, community] (TEMPORARY PROHIBITION OF THROUGH TRAFFIC) ORDER [add year] WHEREAS the [add name of council] County Council (hereinafter referred to as ‘the Council’) being the Highway traffic authority for that length of the [add Public Right of Way and/or Road] in the County of [name of county] are satisfied that [add type of user] in the said length of [name public right of way and/or road] should be restricted by reason of [add reason eg works to repair bridge] NOW THEREFORE the Council in exercise of their powers

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Is it possible for the right to buy to arise where a County Council grants an assured shorthold tenancy for a private residential self-contained house?

Is it possible for the right to buy to arise where a County Council grants an assured shorthold tenancy for a private residential self-contained house? Assured shorthold tenancy (AST) Section 1(2) and Schedule 1, Part I of the Housing Act 1996 provide that local authorities cannot grant assured tenancies (which includes ASTs). Local authorities are defined for those purposes (at Sch 1, para (2)) as including the County Council, ie: '(2) The following are local authorities for the purposes of sub-paragraph (1)(a) above— (a) the council of a county, [county borough,] district or London borough;' Please see our Q&A: In what circumstances can the local authority grant an assured shorthold tenancy? for further information. Secure tenancy Accordingly, the type of tenancy the council is proposing to grant should be reviewed to ascertain which is most appropriate. For further information, please see our Practice Notes: Secure tenancies and Main

How do you calculate the limitation period for a prosecution under section 444 of the Education Act 1996 (EA 1996)?

How do you calculate the limitation period for a prosecution under section 444 of the Education Act 1996 (EA 1996)? All the offences created by the Education Act 1996 (EA 1996) are summary only, which means they can only be tried in the Magistrates' Court. A Magistrates' Court may not try a defendant for a summary offence unless the information was laid within six months from the date of the commission of the offence: Magistrates' Court Act 1980 (MCA 1980), s 127(1). For a continuing offence the limitation period is counted not from the first discovery but from the date of each day charged, as if a separate offence: see Stone's Justices' Manual 2015, 1.119, in particular the cases referred to in footnote 12. A continuing offence is an act or omission occurring continuously or intermittently, over a period of time: See Hodgetts v Chiltern District Council. In determining whether a specific offence is a continuing one the courts will look to the language of the statutory provision. In British Telecommunications plc v Nottinghamshire County Council, Bingham LCJ said: 'Whether a statutory provision creates a continuing obligation such that failure to comply with it

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Local Government weekly highlights—18 August 2022

This week's edition of Local Government weekly highlights includes case analysis of Allen (VO) v TWAM, in which the Upper Tribunal considered how museums should pay business rates plus anaysis of Part 18 of the Civil Procedure Rules and the Attorney General’s speech on the Equality Act 2010 and BEIS’ new National Security and Investment Act 2021 guidance. The weekly highlights also includes further updates on governance, local authority finance, judicial review, education, children’s social care, social care, healthcare, social housing, planning and licensing.

Local Government weekly highlights—11 August 2022

This week's edition of the Local Government weekly highlights includes case analysis of Thurrock Council v Stokes, which considers the practical and procedural difficulties encountered in the context of mass traveller injunctions; Hull CC v KF, in which the court found that capacity to engage in sexual relations can be person specific in some cases; R (Rotala) v Greater Manchester Combined Authority on a judicial review involving a bus franchising scheme; Buckinghamshire Council v SST, in which the latest judicial review involving HS2 was dismissed; R (Bell) v Lambeth LBC, which involved the judicial review of a council’s housing decision; Abdikadir v Ealing LBC, which involved the local authority officers mistakenly derogating from the local authority’s policies; and Worthing BC v Secretary of State. It also includes analysis of the UK coronavirus (COVID-19) inquiry, the Ockenden Review and the Levelling-Up and Regeneration Bill. The weekly highlights also includes further updates on governance, public procurement, education, children’s social care, social care, healthcare, social housing, licensing, local government finance and planning.

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About this title—authors, overview

ContributorsLocal GovernmentIAN R. DAVISON, M.A., LL.M, SolicitorSurrey Hills SolicitorsKATE JACKSON, LL.B, SolicitorSurrey Hills SolicitorsRatingCLIVE MOYS, LL.B, of Lincoln’s Inn, Barrister, Radcliffe ChambersFormer Local Government SolicitorTitle overviewLOCAL GOVERNMENT AND RATING (2019 Reissue) has been fully updated to take account of the substantive changes introduced by legislation and case law.LOCAL GOVERNMENTLOCAL GOVERNMENT has been revised by Ian Davison and Kate Jackson. Ian Davison is a partner at Surrey Hills Solicitors LLP specialising in local authority law and practice, having worked in and for local government for nearly 40 years. He is also legal

6 The role of local government

6 The role of local governmentEveryday control of the planning regime (except in respect of the separately regulated regime for nationally significant infrastructure projects1) normally lies with the local planning authority2. In areas with a unitary authority, that authority deals with all planning matters. In areas where there are still two tiers of local government, the local planning authority with the responsibility for granting planning permissions for most purposes is the district or borough council. The county council is responsible only for strategic planning, and fulfils the role of the local planning authority in the

County council is referenced 7 in Encyclopaedia of Forms and Precedents

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View the latest Halsbury's Laws of England documents on County council

38. Counties and districts in England and their councils.

County council is referenced 1 in Halsbury's Laws of England

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