Q&As

Does a local authority retain any duties when it commissions provision of services to a third party?

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Published on LexisPSL on 11/01/2018

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

  • Does a local authority retain any duties when it commissions provision of services to a third party?
  • Commissioning of services by a third party in exercise of statutory duty
  • Commissioning of services other than in exercise of statutory duty

Does a local authority retain any duties when it commissions provision of services to a third party?

In answering the above, we have taken into consideration whether there are any legal duties arising from the commissioning of services by a local authority (LA) for a third party remains with the LA.

The obligations placed upon a local authority as the commissioner of services on behalf of a third party depends will depend upon the basis that the services are commissioned, ie are they commissioned by the LA in furtherance of a statutory duty to provide that service or as a matter of expediency to facilitate a required outcome.

Commissioning of services by a third party in exercise of statutory duty

Section 70 of the Deregulation and Contracting Out Act 1994 (DCOA 1994) enables LAs to employ contractors to carry out some local authority functions where that seems expedient, providing that appropriate authorisation has been provided by statutory instrument. For further

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