Q&As

Is the correct chain of delegation for most criminal enforcement by way of the Local Government Act 2000 rather than by the Local Government Act 1972 where executive arrangements are in place?

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Produced in partnership with Philip Rule
Published on LexisPSL on 03/11/2020

The following Local Government Q&A produced in partnership with Philip Rule provides comprehensive and up to date legal information covering:

  • Is the correct chain of delegation for most criminal enforcement by way of the Local Government Act 2000 rather than by the Local Government Act 1972 where executive arrangements are in place?
  • Executive arrangements
  • Delegation in local government
  • Executive functions and other functions

Is the correct chain of delegation for most criminal enforcement by way of the Local Government Act 2000 rather than by the Local Government Act 1972 where executive arrangements are in place?

A principal council must adopt a constitution setting out its governance, decision-making structure, standing orders and other rules and protocols. The constitution must be available for viewing by the public. Legislation also provides for various forms of governance.

Executive arrangements

These are provided for, in England, by sections 9B and 9C of the Local Government Act 2000 (LGA 2000), as amended. Arrangements are required for and in connection with the creation and operation of an executive of the local authority and under which certain functions are the responsibility of the executive (see LGA 2000, ss 9B(1)(a),(4) and 9R(1)).

LGA 2000, s 9D has effect for the purposes of determining which of the functions of a local authority are the responsibility of an executive. Subject to any subsequent statutory provision, any local authority function not specified in regulations made under LGA 2000, s 9D(3) is an executive function. See Practice Note: Structure of local government.

LGA 2000, s 9D(7) expressly provides that a function of a local authority may be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972 (LGA 1972), or any provision of that

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