An interpretation of the powers and duties conferred by law on councils and other bodies to deliver services. A 'duty' is something that a council must do. A 'power' gives a council the right to do something.

MDX Browser > LGA Powers and Duties @ 37487

DiSC

An interpretation of the powers and duties conferred by law on councils and other bodies to deliver services. A 'duty' is something that a council must do. A 'power' gives a council the right to do something. Each power and duty is linked to relevant services and the official publication of associated legislation.
Use – Councils can clearly understand which services they must deliver and those that might no longer be a priority. This list also enables Councils via the mappings to find web pages that need changing and identify teams who need re-training following a change in legislation.
This list is licenced under the Open Government Licence(opens in a new tab) and must be attributed to the esd-toolkit programme.

Digitising Social Care Data Catalogue

A local authority may prosecute proceedings for an offence under the Act or Regulations made under the Act.

Animal welfare - prosecutions

A local authority may appoint animal welfare inspectors and shall have regard to the Secretary of State's guidance in so doing.

Animal welfare - appointment of inspectors

A local authority may designate the whole or any part of its area as an alarm notification area but must comply with the prescribed procedure when so doing.

Alarm notification areas - designation

A local authority may withdraw the designation of the whole or any part of its area as an alarm notification area but must comply with the prescribed procedure when so doing.

Alarm notification areas - withdrawal of designation

An authorised officer of a local authority may issue a fixed penalty notice in the prescribed form if it appears that an individual has committed an offence in connection with an alarm notification area.

Alarm notification areas- fixed penalty notice

A local authority may use the receipts from fixed penalty notices issued under section 73 for certain purposes.

Alarm notification areas- use of receipts

A local authority must comply with regulations and  must supply the appropriate person with information about its use of fixed penalty receipts.

Alarm notification areas - information about receipts

An authorised officer of a local authority may require an individual who he suspects of an offence in connection with an alarm notification area may require that individual to give him his name and address.

Alarm notification areas- request for personal details

An authorised officer of a local authority may enter premises to turn off an alarm subject to certain conditions.

Alarm notification areas - power of entry

A local authority may having complied with the specified conditions make an application to a magistrate's court for a warrant to allow an authorised officer to enter premises by force to turn off an alarm.

Alarm notification areas - warrant of entry

An authorised officer of a local authority has additional powers when entering premises.

Alarm notification areas- powers on entry to premises

A local authority must have regard to the general considerations when exercising its functions under the Act.

Adoption -  general considerations

Each local authority must continue to maintain within their area a service designed to meet the needs, in relation to adoption, of children who may be adopted, their parents and guardians, persons wishing to adopt a child, and adopted persons, their parents, natural parents and former guardians and for that purpose must provide the requisite facilities.

Adoption -   maintenance of adoption service

A local authority must, in prescribed circumstances, carry out an assessment as to whether an individual requires adoption support services.

Adoption -  assessments for adoption support

A local authority must comply with directions from the appropriate Minister with regard to an inactive or defunct adoption societies.

Adoption -  inactive or defunct adoption societies

A local authority may charge fees, as prescribed, in connection with the provision of an overseas adoption service and for other facilities.

Adoption -  fees

A local authority must provide the appropriate Minister with the information required regarding its performance of all or any of its functions relating to adoption and the children and other persons in relation to whom it has exercised those functions.

Adoption -  information concerning adoption

A local authority must comply with instructions contained in any default order issued by the Minister.

Adoption -  default order

An officer authorised by a local authority may inspect the premises where a child is or may be placed for adoption.

Adoption -  inspection of premises

A local authority may place a child for adoption in certain circumstances.  The authority should comply with regulations for placing a child with prospective adopters when doing so.

Adoption -  placement for adoption by agencies

A local authority must apply for a placement order in respect of a child in certain circumstances as detailed in regulations.

Adoption -  applications for placement order

A local authority may apply to vary a placement order in certain circumstances.

Adoption -  varying placement orders

A local authority may apply to revoke a placement order in certain circumstances.

Adoption -  revoking placement orders

An authority may determine that the parental responsibility of any parent or guardian, or of prospective adopters, is to be restricted to the extent specified in the determination.

Adoption -  restriction of parental responsibility

A local authority may apply for a contact order in certain circumstances.

Adoption -  contact order

A local authority may refuse to allow the contact that would otherwise be required by virtue of an order if it is satisfied that it is necessary to do so in order to safeguard or promote the child's welfare, and  the refusal is decided upon as a matter of urgency and does not last for more than seven days.  The authority must comply with regulations when refusing contact.

Adoption -  refusal of contact

A local authority must recover a child when requested to do so by the parent in certain circumstances.

Adoption -  recovery of child by parent or guardian

A local authority must recover a child when requested to do so by the prospective adopters or where they consider the placement to be unsuitable.

Adoption -  return of child in other cases

A local authority prepare a report for the court and assist the court in any other way regarding the suitability of the proposed adoption in certain circumstances.

Adoption -  court reports for proposed adoption

A local authority must disclose information to prospective adopters in prescribed circumstances.

Adoption -  disclosing information during adoption process

A local authority must keep prescribed information regarding an adoption in a form and manner which complies with regulations.

Adoption -  keeping of information

A local authority may only disclose information regarding an adoption in prescribed circumstances.

Adoption -  restrictions on disclosure of information

A local authority must disclose certain information to an adult adopted person.

Adoption -  disclosure of information to an adopted adult

A local authority must offer counselling services as required by regulations.

Adoption -  counselling services

A local authority comply with regulations concerning the provision of information to persons adopted before the appointed day who have attained the age of 18.

Adoption -  information for pre-commencement adoptions

A local authority may enter into a parenting contract with parents of a child involved in anti-social behaviour and must have regard to guidance in so doing.

Anti-social behaviour - parenting contracts

A local authority may enter into a parenting order with parents of a child involved in anti-social behaviour and must have regard to guidance in so doing.

Anti-social behaviour - parenting orders

A local authority may contract out of some of its functions in certain circumstances.

Anti-social behaviour -  contracting out

A chief executive officer of a local authority may in certain circumstances make a closure of noisy premises order or cancel the same.

Anti-social behaviour -  closure of noisy premises

An authorised officer of a local authority may issue a penalty notice for graffiti or fly posting.  The amount of the penalty should be as determined by regulations.

Anti-social behaviour -  penalty notices for graffiti and fly posting

A local authority may serve a notice requiring the removal of graffiti or fly posting and recover its expenditure in so doing and must have regard to guidance from the Secretary of State or National Assembly.

Anti-social behaviour -  notice to remove graffiti and fly posting

It is the duty of every local weights and measures authority to consider, at least once in every period of twelve months, the extent to which it is appropriate for the authority to carry out in their area a programme of enforcement action in relation to section 54 and to the extent that they consider it appropriate to do so, carry out such a programme.

Anti-social behaviour -  sale of aerosol paints to children enforcement

A local authority must consider complaints regarding high hedges according to the procedures under these regulations.

Anti-social behaviour -  high hedge complaints

A local authority may issue, withdraw or relax a remedial notice in relation to a complaint regarding high hedges.

Anti-social behaviour -  remedial notices for high hedges

A person authorised by a local authority may enter premises for the purposes of the exercise of the local authority's powers and duties relating to high hedges.

Anti-social behaviour -  high hedges power of entry

A person authorised by a local authority may enter premises to carry out works for which a charge may be made in certain circumstances relating to high hedges.

Anti-social behaviour -  charging for work on high hedges

A local authority may prepare byelaws for any land in relation to which it is the access authority.

Access land -  byelaws

An access authority or a district council may appoint such number of persons as may appear to the authority making the appointment to be necessary or expedient, to act as wardens as respects access land in their area.    As respects access land in an area for which there is a local access forum, an access authority shall, before they appoint wardens and thereafter from time to time, consult the local access forum about the exercise of that power.

Access land -  wardens

A local authority may erect and maintain notices for specified purposes associated with access land.

Access land -  notices

A local authority must in carrying out its functions have regard to preserving and enhancing the beauty of areas of outstanding natural beauty.

Areas of outstanding natural beauty - general duties

A local authority must produce and publish management plans in relation to areas of outstanding natural beauty as required by the Act.

Areas of outstanding natural beauty - management plans

A local authority may designate a place as a designated public place in certain circumstances associated with alcohol related disorder

Alcohol -  designated public place

A local authority must have regard to the effect of section 15 relating to byelaws.

Alcohol -  effect of designated public place on byelaws

Where a local authority is satisfied that any premises in the area of the authority are being, or within the last 24 hours have been, used for the unauthorised sale of alcohol for consumption on, or in the vicinity of, the premises, the authority may serve a closure notice in respect of the premises.

Alcohol -  unlicensed premises closure notice

A local authority may, where a closure notice has been served,  apply for a closure order in relation to unlicensed premises involved in the sale of alcohol.

Alcohol -  unlicensed premises closure order

A local authority must terminate a closure order when they are satisfied that the need for it has ceased.

Alcohol -  termination of unlicensed premises closure orders

An officer authorised by the local authority may enter a premises and take reasonable steps to enforce a closure order.

Alcohol -  enforcement of unlicensed premises closure orders

A local authority must in carrying out its functions have regard to the licensing objectives the licensing statement and the Guidance of the Secretary of State.

Alcohol and entertainment licensing - general duties of licensing authorities

A local authority must for each 5 year period consult upon, formulate and publish a licensing policy statement.

Alcohol and entertainment licensing - policy statement

A local authority must establish a licensing committee.

Alcohol and entertainment licensing -  licensing committee

A local authority must delegate certain licensing functions to its licensing committee and the committee must discharge those functions on behalf of the authority.

Alcohol and entertainment licensing -  exercise and delegation of functions

A local authority must prepare, maintain, make available for inspection a register of licensed premises and other licences and provide copies of documents for which a fee may be charged.

Alcohol and entertainment licencing -  register

A local authority may create licensing sub-committees to discharge certain licensing functions.

Alcohol and entertainment licensing -  sub-committees

A local authority must grant a premises licence if certain conditions and prescribed requirements are met or reject if they are not.

Alcohol and entertainment licensing -  premises licence determination

A local authority must issue a provisional statement for a premises licence if certain conditions and prescribed requirements are met or reject if they are not and take such other steps as are required.

Alcohol and entertainment licensing -  premises licence provisional statement

A local authority must vary a premises licence if certain conditions and prescribed requirements are met or reject if they are not and take such other steps as are required.

Alcohol and entertainment licensing -  variation to premises licence

A local authority must consider applications for minor variations to a premises licence and grant or reject the variations as relevant according to conditions specified in the regulations.

Alcohol and entertainment licensing -  minor variation to premises licence

A local authority must give an application for transfer of a premises licence interim effect if certain conditions and prescribed requirements are met or reject if they are not and take such other steps as are required.

Alcohol and entertainment licensing -  transfer of premises licence interim effect

A local authority must grant an application for transfer of a premises licence if certain conditions and prescribed requirements are met or reject if they are not and take such other steps as are required.

Alcohol and entertainment licensing -  transfer of premises licence

Where a premises licence lapses as a result of death, incapacity or insolvency of the holder but no application for the transfer of the licence has been made the local authority must grant an application for an interim authority notice if certain conditions and prescribed requirements are met or reject if they are not and take such other steps as are required.

Alcohol and entertainment licensing -  premises licence interim authority notice

A local authority must re-instate a premises licence if certain conditions and prescribed requirements are met and take such other steps as are required.

Alcohol and entertainment licensing -  re-instatement of premises licence

A local authority must review a premises licence subject to certain conditions and prescribed requirements and take such other steps as are required.

Alcohol and entertainment licensing -  review of premises licence

A local authority must suspend a premises licence where the annual pay has not been paid subject to certain conditions and prescribed requirements and take such other steps as are required.

Alcohol and entertainment licensing -  suspension of premises licence

Where the relevant licensing authority, in relation to a premises licence, makes a determination or receives a notice under this Part, a premises licence lapses under this Part, or an appeal against a decision under this Part is disposed of,the relevant licensing authority must make the appropriate amendments (if any) to the licence and, if necessary, issue a new summary of the licence.

Alcohol and entertainment licensing -  update of premises licence

An officer authorised by a local authority may inspect a premises before the grant of a licence and take such other steps as are required.

Alcohol and entertainment licensing -  inspection of premises for grant of premises licence

A local authority must grant a club premises licence if certain conditions and prescribed requirements are met or reject if they are not.

Alcohol and entertainment licensing -  club premises certificate applications

A local authority must amend a club premises certificate when notified in the proper form of a change of name or a change of club rules.

Alcohol and entertainment licensing -  name or rule change for club premises certificate

A local authority must amend a club premises certificate when notified in the proper form of a change of address.

Alcohol and entertainment licensing -  change of registered address for club premises certificate

A local authority must vary a club premises licence if certain conditions and prescribed requirements are met or reject if they are not.

Alcohol and entertainment licensing -  variation to club premises certificate

A local authority must review a club premises licence if certain conditions and prescribed requirements are met or may reject the application if they are not.

Alcohol and entertainment licensing -  club premises certificate review

Where a club holds a club premises certificate, and it appears to the relevant licensing authority that the club does not satisfy the conditions for being a qualifying club in relation to a qualifying club activity to which the certificate relates, the authority must give a notice to the club withdrawing the certificate, so far as relating to that activity.

Alcohol and entertainment licensing -  withdrawal of club premises certificate

A local authority must suspend a club premises certificate if the annual fee is not pad.

Alcohol and entertainment licensing -  suspension of club premises certificate

Where the relevant licensing authority, in relation to a club premises certificate, makes a determination or receives a notice under this Part, or an appeal against a decision under this Part is disposed of,the relevant licensing authority must make the appropriate amendments (if any) to the certificate and, if necessary, issue a new summary of the certificate.

Alcohol and entertainment licensing -  club premises certificate update

An authorised officer of a local authority may require production of the club premises certificate in certain circumstances.

Alcohol and entertainment licensing -  request to produce club premises certificate

An authorised officer of a local authority may inspect premises before the grant of a certificate.

Alcohol and entertainment licensing -  inspection prior to grant of club premises certificate

A local authority must acknowledge a properly formulated temporary event notice in the required timescale.

Alcohol and entertainment licensing -  acknowledgement of temporary event notice

A local authority must serve a counter notice to a temporary event notice in certain circumstances.

Alcohol and entertainment licensing - counter notice to temporary event notice

A local authority may modify a temporary event notice in certain circumstances.

Alcohol and entertainment licensing -  modification of temporary event notice

A local authority may impose conditions upon a temporary event notice in certain circumstances.

Alcohol and entertainment licensing - conditions on temporary event notice

A local authority must issue a counter notice to a temporary events notice in certain circumstances where permitted limits on the number of temporary event notices have been exceeded.

Alcohol and entertainment licensing -  counter notice where temporary event notice limit exceeded

An officer authorised by a local authority may enter a premises which is subject to a temporary events notice in certain circumstances.

Alcohol and entertainment licensing -  right of entry where temporary event notice given

An officer authorised by a local authority may request the production of the temporary events notice in certain circumstances.

Alcohol and entertainment licensing -  request for production of temporary event notice

A local authority must issue a replacement temporary event notice in certain circumstances where an acknowledged temporary event notice is lost, stolen, damaged or destroyed and that the premises user has reported that loss or theft to the police.

Alcohol and entertainment licensing -  issue of copy temporary event notice

A local authority must grant or renew a personal licence or reject the application in certain circumstances and take certain prescribed steps

Alcohol and entertainment licensing -  personal licence applications and renewals

A local authority must notify the Chief officer of police and consider revocation of licence in relation to certain convictions.

Alcohol and entertainment licensing -  convictions after grant or renewal of personal licence

A local authority must issue a personal licence in the prescribed form.

Alcohol and entertainment licensing -  form of personal licence

Where the relevant licensing authority receives an application for a copy personal licence it must issue the licence holder with a copy of the licence (certified by the authority to be a true copy) if it is satisfied that the licence has been lost, stolen, damaged or destroyed, and where it has been lost or stolen, the holder of the licence has reported the loss or theft to the police.

Alcohol and entertainment licensing -  copy personal licence

A local authority must update a personal licence in certain circumstances.

LGA Powers and Duties

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