Q&As

Can a county council grant a power of attorney to a private company, or an individual not linked to the County Council, to execute property documents (ie leases and licences) on its behalf? If not, are they are any ways to achieve this?

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Published on LexisPSL on 29/10/2018

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Can a county council grant a power of attorney to a private company, or an individual not linked to the County Council, to execute property documents (ie leases and licences) on its behalf? If not, are they are any ways to achieve this?
  • Power of attorney

A principal council must adopt a constitution setting out its governance, decision-making structure, standing orders and other rules and protocols. The essential decision-making structure of a local authority is set out by the Local Government Act 1972. A local authority may make decisions as one corporate body of membership or it may delegate its functions, powers and duties to either a committee, a sub-committee, an officer or another local authority. For more information on how decisions are made by local authorities, we refer you to Practice Note: Structure of local government.

The question of whether a local authority has the power to make a decision largely depends on whether they have acted in accordance with their own various schemes of delegation. If not, then they have acted ‘ultra vires’. For more information on the right of a local authorities to discharge their functions, we refer you to Practice Note: Key considerations in local authority decision making.

Subject to certain statutory res

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