Powers and Responsibilities of Local Authorities

Abstract

Local authorities derive a general framework of powers from the Local Government Act 1972, following the pattern previously established by the 1933 Act. Nevertheless constraints are placed upon local authorities in the way that they can act and they are limited to discharging duties and exercising powers conferred upon them by Acts of Parliament. Thus section 110 of the 1972 Act authorises local authorities to do anything ‘which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions’. This includes expenditure, borrowing or lending money, or acquiring or disposing of any property or rights. This power is however subject to the provisions of any relevant enactment and it does not in itself authorise raising money, whether by rate, precept or borrowing, or lending money, except in accordance with the appropriate enactments.¹