Q&As

How can a local authority appoint an authorised officer?

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Produced in partnership with David Wilson of a2z licensing
Published on LexisPSL on 17/12/2015

The following Local Government Q&A produced in partnership with David Wilson of a2z licensing provides comprehensive and up to date legal information covering:

  • How can a local authority appoint an authorised officer?

How can a local authority appoint an authorised officer?

An authorised officer, is any officer of the local authority who is permitted in writing for the purposes of Part 2 of the Local Government (Miscellaneous Provisions) Act 1976 (LG(MP)A 1976).

Although there is no power contained in the Town Police Clauses Act 1847 (TPCA 1847) to designate a local authority officer as an authorised officer, there is no reason why a local authority should not delegate its powers under the TPCA 1847 or other Acts such as section 64 of the Transport Act 1980 (TA 1980), to an officer in accordance with its general powers of delegation under section 101 of the Local Government Act 1972. As with any delegation of powers, the decision-making process will need to be carefully documented and the officer trained as to the extent of the powers delegated to them.

While there are conflicting views and it has not been determined by the courts, LG(MP)A 1976, s 32

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