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Section 111 meaning

What does Section 111 mean?
In local government practice, “Section 111” denotes the incidental power enabling a local authority to do anything calculated to facilitate, or conducive or incidental to, the discharge of its functions. It is the statutory wording in section 111 of the Local Government Act 1972 (England and Wales). It is not a free-standing head of competence and cannot extend, contradict or bypass express statutory limits. Practically, it underpins steps ancillary to specific functions, including entering into contracts and procurements, acquiring or disposing of land and other assets, obtaining insurance and professional advice, participating in shared services or companies, undertaking consultation, and preparing for or conducting litigation. It does not authorise revenue-raising, borrowing or charging for services without a separate statutory power. The courts have policed its limits: Hazell v Hammersmith and Fulham LBC (interest rate swaps ruled ultra vires) and R v Richmond upon Thames LBC, ex p McCarthy & Stone (unlawful charging for pre-application planning advice). Since the Localism Act 2011 (England) and the Local Government and Elections (Wales) Act 2021 introduced a general power of competence, authorities may rely on that wider power, but section 111 remains the principal incidental power tied to particular functions. The shorthand is not used in...
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NEWS
Post-disclaimer vesting orders: court lacks jurisdiction on trustee’s application; surplus only via third party—Sleight v Crown Estate Commissioners (IA 1986 ss 315, 320, England and Wales)

Sleight (as trustee of the estate of Jillian Paula Mascall deceased) v Crown Estate Commissioners [2018] EWHC 3489 (Ch), [2018] All ER (D) 111 (Dec) What are the practical implications of this case? The holder of the funds (the chargee) had no beneficial stake in them, the party who had or might acquire an interest (the Crown) did not wish to take them, and the party who desired the funds (the trustee) had no means of getting them. A trustee can, by a sidewind, recover what has been disclaimed in like situations—in Lee v Lee [1999] Lexis Citation 3298, [1999] BPIR 926, on a chargee’s application for an order under section 320 of the Insolvency Act 1986 (IA 1986), the court granted the order and, exercising its broad discretion, directed that any surplus after the charge was met should be paid to the trustee. The Court of Appeal held this was proper and consistent with the ending of the trustee’s interest under IA 1986, s 315. Accordingly, there...

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NEWS
EAT clarifies EqA 2010 s111: Stonewall’s protest over ‘gender‑critical’ tweets did not cause or induce chambers’ discrimination; test is ‘but for’ causation plus fairness, not reasonable foreseeability

Bailey v Stonewall Equality Ltd [2024] EAT 119 What are the practical implications of this judgment? The debate over gender‑critical beliefs, gender‑neutral approaches and trans rights remains intensely politicised and highly emotive, attracting substantial press attention and widespread social media coverage, and frequently prompting forceful commentary and scrutiny. This EAT judgment sets out HHJ Bourne’s interpretation of EqA 2010, s 111—the statutory prohibition on instructing, causing or inducing contraventions in relation to EqA 2010—and frames the questions a tribunal must address on causation and liability. According to the EAT: section 111 does not require any test of reasonable foreseeability once ‘but for’ causation is established, the issue is whether it is fair, reasonable or just to hold person A liable for person B’s contravention of the EqA 2010 On the facts found, the EAT agreed that the employment tribunal had not erred in dismissing the contention that an LGBT charity had caused or induced a barrister’s chambers to discriminate...

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NEWS
Bailey v Stonewall – Court of Appeal on EqA 2010 s 111: protest complaint not inducement or causation; Stonewall not liable for chambers’ discriminatory investigation of gender‑critical barrister

Bailey v Stonewall Equality Ltd [2025] EWCA Civ 1662 What are the practical implications of this judgment? Debate over gender‑critical positions and/or gender identity beliefs, alongside trans rights, is a highly politicised and emotive subject, drawing significant press and social media attention. The Court of Appeal has upheld the findings of both the employment tribunal and the EAT, confirming that, although Garden Court Chambers (GCC) discriminated against one of its tenants, Ms Bailey, through the way it investigated tweets she had posted, that discriminatory treatment was not caused or induced by Stonewall, the LGBT charity that had complained to GCC about those tweets. In its judgment, the Court of Appeal substantially endorsed Bourne J’s reading of section 111 of the Equality Act 2010 (EqA 2010)—the prohibition of instructing, causing or inducing contraventions in relation to the EqA 2010—and clarified that a complaint will not constitute inducement unless it is aimed at persuading the employer to take detrimental action, so mere notification of concerns falls short of unlawful inducement...

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PRACTICE NOTES
Planning Performance Agreements in England and Wales: Purpose, Benefits, Content, Resourcing and Effect on Statutory Time Limits

What is a planning performance agreement? (PPA) Planning performance agreements are voluntary memoranda of understanding or agreements between a planning applicant, the local planning authority (LPA) and, in some instances, other interested parties such as key statutory consultees. A PPA records agreed commitments on timescales, tasks and the resources to be applied to a particular planning submission. Functioning as a project management framework, it sets out the pathway for reaching a determination on the application. PPAs are commonly put in place before an application is lodged and may span every stage of the process, including pre-application. Although the emphasis is usually on the pre-application and application phases, a PPA can also extend into the post-application period, for example to govern how reserved matters or approvals of details will be dealt with. They might be documented as a simple memorandum of understanding or an exchange of letters, or entered into under section 111 of the Local Government Act 1972 (LGA 1972) (see Q&A: What is a section 111 agreement?)....

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PRACTICE NOTES
Unfair Dismissal Time Limits in the Employment Tribunal: ERA 1996 s111, Early Conciliation Extensions, ‘Not Reasonably Practicable’ Test, and Claims During Notice (England, Wales and Scotland)

This Practice Note examines the deadline for lodging or submitting an unfair dismissal claim in the employment tribunal under section 111 of the Employment Rights Act 1996 (ERA 1996). It addresses potential qualifications to the usual three-month period running from the effective date of termination (EDT), the tribunal’s discretion to extend time where it has not been reasonably practicable to present the claim within the limit, and the possibility of extending time in relation to the early conciliation requirement. It also reviews when the time limit begins where dismissal is with notice. For detailed guidance on applying and calculating tribunal time limits generally, see Practice Note: Time limits for presenting employment tribunal claims... The general rule—three months from the effective date of termination An unfair dismissal complaint must ordinarily be presented to the employment tribunal before the end of the three-month period beginning with the EDT. For assistance in identifying the date on which the EDT falls, see Practice Note: Effective date of termination. For clarification of the...

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PRACTICE NOTES
Scotland: Lands Tribunal for Scotland applications to vary or discharge title conditions—procedure, forms, jurisdiction, section 100 factors, compensation, appeals and registration

Statutory Powers To assist in resolving disputes, the LTS exercises a range of powers granted by statute in relation to: modifying or extinguishing title conditions, see: Powers as respects title conditions: Stair Memorial Encyclopaedia [224] public sector tenants’ rights to buy their homes, see: House sales to public sector tenants: Stair Memorial Encyclopaedia [226] challenged compensation for compulsory purchase of land, or diminution in land value arising from public works, see, eg: Compulsory purchase of land: Stair Memorial Encyclopaedia [666] appeals against specified decisions of the Keeper of the Registers of Scotland, see: Questions relating to the accuracy of the Land Register: Stair Memorial Encyclopaedia [225] appeals concerning valuation of land for pre-emptive purchase by community bodies, see Practice Notes: Rights to buy affecting land in Scotland—snapshot, Part 2 community right to buy and asset transfer requests in Scotland, Right to buy abandoned etc land (Part 3A) and right to buy land to further sustainable development (Part 5) in Scotland and Right...

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PRECEDENTS
Notice of Intention to Withhold Payment under section 111 Housing Grants, Construction and Regeneration Act 1996 (Archived Precedent)

Project Name: Reference/Works Bundle: Date: To: Payment Notice Date: [ Sub- ] Contractor’s Application Reference Number: [ number ] Dated: [ date ] ARCHIVED: This precedent has been archived and is no longer maintained...

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PRECEDENTS
Template Notice of Intention to Pay Less than the Notified Sum (section 111 HGCRA 1996: England, Wales and Scotland)

Notice of payer’s intention to pay less than the notified sum Reference: [ insert contract/project reference ] Date: [ insert date ]; To: [ insert recipient’s name ] Due date: [ insert payment due date under the contract ] Date of [ payment notice/application ]: [ insert date of relevant payment notice/payment application ] [ Payment notice/Application ] ref: [ insert reference number ] This notice is issued under section 111 of the Housing Grants, Construction and Regeneration Act 1996 and clause(s) [ insert clause number(s) ] of the contract dated [ insert date ]. Further to the above [ payment notice/application ], [ our OR [ insert payer’s name ] ] intention is to pay less than the notified sum. The amount [ we OR [ insert payer’s name ] ] deem due on service is [ insert sum (A–B below) ]: £ A Notified sum [ £A ] B Deductions [ State ground for each deduction...

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PRECEDENTS
Precedent articles of association for a UK-listed public company limited by shares (Companies Act 2006; FCA Listing Rules; Uncertificated Securities Regulations)

Part 1, interpretation and limitation of liability This Part defines key expressions used throughout the articles and sets out how they are to be read. Terms such as articles, auditors, bankruptcy (including comparable overseas proceedings), board, CA 2006, certificated/uncertificated, chair, clear days, company’s lien, director, Disclosure Rules, FCA, FSMA, fully paid/paid, Official List, register of members, relevant officer, relevant system, UK Listing Rules, UKLA and writing are given specific meanings for consistent application. The model articles under section 20 of CA 2006 do not apply. Unless context dictates otherwise, words or expressions not defined here take the meaning given in CA 2006, or if absent there, in the Uncertificated Securities Regulations, as in force when these articles first bind the company. References to legislation include subordinate legislation and any amendment, extension, consolidation, re‑enactment or replacement then in force. Singular includes plural and vice versa; masculine includes feminine and neuter; references to persons include corporations. Liability of members: each member’s liability...

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Q&As
Parish council powers to procure ANPR monitoring at its car parks

The powers of a parish council Our research has focused on authority to take decisions. Nonetheless, particular issues arise for a public authority deploying ANPR cameras, and these must be weighed, alongside the public procurement ramifications of any contractual arrangement. A parish council is limited to acts expressly or implicitly permitted by statute or by subordinate legislation. More broadly, local authorities are generally empowered by statute to do anything calculated to facilitate, or conducive or incidental to, the carrying out of their functions, as set out in section 111 of the Local Government Act 1972 (LGA 1972). These limits and enabling powers frame any such decision-making process...

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