Bevan Brittan LLP
6 Experts
6 Contributions by Bevan Brittan LLP Experts
PRACTICE NOTES
This Practice Note addresses the supplementary employment obligations specific to local government regarding the recruitment and removal of statutory post-holders, including the Joint Negotiating Committee (JNC) for Local Authority Chief Officers terms, green book provisions, occupation-specific conditions of service, and authorities’ rules on employment procedures. It sets out the varying rules that apply to different categories of officers. It further outlines the part played by leaders or elected mayors and the cabinet under executive arrangements, together with the Chief Executive, in these processes as applicable.
Discussion of employment issues in local government fall into three areas:
routine employment law issues, such as those concerning discrimination, fair or unfair dismissal (including redundancy), TUPE, etc
contractual obligations, which necessitate consultation with national conditions of service except where local agreements have been made
...
Local Government
PRACTICE NOTES
This Practice Note sets out an overview of local authority structure and purpose. It also summarises governance models and explains the respective roles of members and officers within those arrangements. It highlights fundamental features that are often missed by newly elected members (councillors) and newly appointed officers, lawyers included.
Structure and purpose of local authorities
Local authorities are organisations brought into being by statute as single legal entities. They may act only as legislation authorises, whether under their establishing statute or through other enactments that extend their powers. Any action must also pursue solely the purposes Parliament intended when passing the relevant statutes. Where an authority acts outside those powers, or for a purpose not so intended—wilfully as an abuse of power, or inadvertently—it is acting ‘beyond its powers’. This is the concept of ‘ultra vires’. Any ultra vires act by a local
Local Government
PRACTICE NOTES
Legal status of local authorities
At first glance, councillors chosen to lead a local authority might appear free to act on their mandate, with the authority’s staff making operational choices to deliver elected members’ programmes. That picture is, however, too neat. Despite the emphasis on the so‑called general power of competence, members still face limits on their actions, and the senior officers and wider workforce who administer the authority are subject to even tighter constraints. A local authority is a statutory corporation, brought into being by Parliament as a single legal person. As affirmed in Hazell v Hammersmith and Fulham, a council, though democratically elected and representative of its locality, is not sovereign and may only act where Parliament has expressly or by implication permitted it. Numerous statutory provisions exist: a few set the overall architecture, but most require the authority to
Local Government
PRACTICE NOTES
Council members for a principal area
Local government electors within a principal area choose its council members. Non-metropolitan counties are divided into electoral divisions, while metropolitan and non-metropolitan districts are arranged into wards, each electing a specified number of councillors. The electoral arrangements for every principal council are reviewed periodically, from time to time, or when a review is requested. A separate election is held for each electoral division or ward. Councillors serve a term of four years in duration...
Local Government
PRECEDENTS
This Agreement is entered into on [ insert date ] of [ insert month ] [ insert year ] by and between:
[ insert name ], of [ insert address ] (' Council ');
[ insert name ], of [ insert address ] (' County Council ');
[ insert name ], a company duly incorporated and registered in [ insert details ] under number [ insert details ], whose registered office is at [ insert address ] (' Developer ');
[ Additional parties as necessary eg owner, landlord, mortgagee, option holder etc. ] (' [ insert additional parties as necessary eg owner, landlord, mortgagee, option holder etc ] ').
Recitals
The Council is the local planning authority for the purposes of section 106 of the 1990 Act for the area within which the Land is situated and is the body by whom the
Planning
CHECKLISTS
This Checklist sets out the principal procedural steps and considerations for parties preparing or answering a request to extend time in judicial review claims before the Administrative Court. It should be read alongside Practice Note: Judicial review time limits—extensions and urgent cases.
Time limits for bringing claims and the requirement to act 'promptly'
Where proceedings are started in the High Court, the claim form must be lodged promptly and, in any case, no later than three months from the date the grounds first arose, subject to the shorter periods below:
challenges to planning decisions must be issued within six weeks of the date the grounds to bring the claim first arose
challenges to procurement decisions under the Public Contracts Regulations 2015 must be brought within 30 days of the date the
Public Law
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