The following Local Government guidance note Produced in partnership with Anthea Lowe of North West Leicestershire District Council provides comprehensive and up to date legal information covering:
There are some basic elements of local authorities that tend to be overlooked by new members (councillors) and new officers alike, including lawyers.
Local authorities are organisations, created by statute as single legal entities. Local Authorities may only act in a way that they are statutorily empowered to act either under the statute by which they are established or in accordance with other legislation that adds to their powers.
Not only must Local Authorities act in accordance with legislation, they may only carry out any action for the purpose(s) that Parliament intended when passing the relevant statutes. If a local authority fails to act in accordance with its statutory powers, or fails to act for the purposes set out, it is likely that it will be acting ‘beyond their powers’. This is the concept of 'ultra vires’. Any ultra vires action undertaken by a local authority is at risk of legal challenge and, if such a challenge is successful, will be declared unlawful.
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.
The essential decision-making structure of a local authority is set out by the Local Government Act 1972 (LGA 1972).
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