In this Q&A we refer to ‘disposal’ as the transfer of the freehold interest, or to the granting of an option to acquire the same (and does not refer to other types of disposal; such as by assignment of a long leasehold interest, disposal by way of tenancy, by short lease, or by charging it as security for a loan etc) and that the disposal is not to a body in which the local authority owns an interest and not to an individual who intends to use it as their only or principal home. We also assume that the local authority referred to is based in England or Wales. The ‘General Disposal Consent 2003’ refers to Circular 06/03: Local Government Act 1972, General Disposal Consent (England) 2003 and assumes that no occupier has the right to buy (see Wragg v Surrey County

In England, Wales and Scotland, a local authority must have the consent of the appropriate ministerial authority to dispose of any land to any third party (excepting disposals of dwelling houses to tenants exercising their statutory right to buy). Where the disposal is of a vacant property for best consideration and/or for its full market value, this consent is usually available from ministers in the form of a general consent (providing a presumption of permission to do so). A disposal of vacant residential property by a local authority to an unregistered housing body for less than best market value will require specific consent from the appropriate ministerial authority. The disposal of a tenanted property by a local authority to any third party will always require specific ministerial consent. Unregistered housing association The term ‘unregistered housing association’ is defined under English, Welsh and Scottish law in section 2B of the Housing Associations Act

Section 22 of the Health and Social Services and Social Security Adjudications Act 1983 (HSSSSAA 1983) provides that where a person who avails themselves of Part III accommodation provided by a local authority in England, Wales or Scotland: • fails to pay any sum assessed as due to be paid by them for the accommodation, and • has a beneficial interest in land in England or Wales the local authority may create a charge in their favour on their interest in the land. The section is designed to deal with situations where residents in local authority provided accommodation are unwilling to pay their assessed contribution and a debt arises. If the resident has more than one piece

Many documents entered into by local authorities will need to be executed as a deed. For information on the execution formalities for corporations aggregate generally including local authorities, see Practice Note: Execution formalities—non-Companies Act corporations. Section 52(1) of the Law of Property Act 1925 (LPA 1925) provides that all conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed. For further examples, see Practice Note: Deeds. Further, the standing orders of most local authorities will require that for contracts exceeding a certain amount, the local authority must execute the contract by deed. This is ordinarily done by the local authority affixing its seal to the deed, or by such other manner as may be prescribed by its standing orders. Consideration should therefore first be had to the standing orders to determine the manner in which the local authority must ordinarily execute deeds and simple contracts. Section 7 of the Electronic Communications Act 2000 (ECA 2000)

Open space land is, broadly, land laid out as a public garden, or used for the purposes of public recreation, or land which is disused burial ground (section 336 of the Town and Country Planning Act 1990 (TCPA 1990)), though there is a broader definition in section 20 of the Open Spaces Act 1906 (OSA 1906). There, it states that 'the expression "open space" means any land, whether inclosed [sic] or not, on which there are no buildings or of which not more than one-twentieth part is covered with buildings, and the whole or the remainder of which is laid out as

The power to charge The Local Government Act 2003 (LGA 2003) introduced provisions in relation to trading and charging, which draw a broad distinction between charging (ie cost recovery only) and trading (which allows the authority to make a profit). A local authority can only levy a charge pursuant to express statutory authority or when such authority is necessarily implied (or implied by the clearest words). The general power to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of its functions does not extend to the imposition of charges (section 111 of the Local Government Act 1972 (LGA 1972)). See Commentary: Local authorities' charging powers: in general: Halsbury’s Laws of England [536]. The appropriate national authority may make regulations enabling a charge to be imposed, and local authorities also have the power to charge for discretionary services. See Commentary: Relevant authority's power

Paragraph 55 of the National Planning Policy Framework sets out six tests which must all be satisfied when the local planning authority (LPA) decides to grant planning permission subject to conditions. Conditions must be: necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. Planning Practice Guidance (PPG)—Use of planning conditions, para 003 provides further advice on the meaning of each of the tests. Planning conditions must be: • necessary—there must be a definite planning reason for the condition, ie it is needed to make the development acceptable in planning terms. If a condition is wider in scope than is necessary to achieve the desired objective, it will fail the test of necessity • relevant to planning—the condition must relate to planning objectives and be within the scope of the permission to which it is

A Local Authority in Wales cannot instruct a bailiff service to recover small debts, such as sundry debts, from individuals without a court order. The Taking Control of Goods Regulations 2013, SI 2013/1894 and the Taking Control of Goods

This Q&A is based on the assumption that such a transaction is being considered as a result of a disturbance compensation claim. Local authority powers: A local authority is given wide ranging powers by section 111 of the Local Government Act 1972 to do anything including lending money that 'is conducive or incidental to, the discharge of any of their functions.' This would give the local authority the power to grant a loan of the type you have

A claim for disturbance The owner of the market is usually the local authority (LA) or Lord of the Manor. For the purposes of this query, we assume that the owner of the market is the LA. For information on the creation of markets, see the following Commentaries: • Grant by the Crown: Halsbury's Laws of England [804] • Markets created by statute: Halsbury's Laws of England [809] • Establishment of markets by local authorities under the Food Act 1984: Halsbury's Laws of England [815] See

A local authority has a number of powers to take enforcement action for breach of building regulations pursuant to the Building Act 1984 (BA 1984). There are also powers to seek an injunction for the removal or alteration of work carried out in breach of Building Control pursuant to section 37 of the Senior Courts Act 1981. Further details of the enforcement powers available to local authorities can be found in Practice Note: Building Regulations—enforcement. These are, however, powers to take enforcement action, rather than duties. There is no statutory duty in BA 1984 for a local authority to take action if the requirements of building regulations have been breached. The extent to

Under Local Authorities (Goods and Services) Act 1970 (LA(GS)A 1970) local authorities are able to trade any administrative, professional or technical services with one another and other public bodies; see LA(GS)A 1970, s 1(1)(b). When trading with a public body under LA(GS)A 1970, a local authority is entitled to make a profit, which it can use to subsidise its own services. See Practice Note: Local authority powers to charge