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Local Government: Case Law, Legislation, Links 11-07-16

Judicial review, activities of government, local and national etc.

Local Government: Case Law, Legislation, Links 11-07-16

Postby dls » Mon Jul 11, 2016 7:16 am

The powers duties and regulation of Local Authorities
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Attorney-General -v- Crayford Urban District Council; CA 1962 - The local authority had entered into an arrangement with a company for the collective insurance of its tenants’ household goods and certain personal effects and fixtures and fittings of the tenants or for which they were responsible, and invited the tenants to join the scheme. Many tenants joined the scheme and their premiums were collected weekly with the rent by an officer of the authority which forwarded them monthly to the insurance company.
    Regina -v- Brent London Borough Council ex parte Gunning; 1986 - The demands of fair consultation procedures will vary from case to case and will depend on the factors involved. The requirements are: ‘First, that consultation must be at a time when proposals are still at a formative stage. Second, that the proposer must give sufficient reasons for any proposal to permit of intelligent consideration and response. Third . . that adequate time must be given for consideration and response and finally fourth, that the product of consultation must be conscientiously taken into account in finalising any statutory proposals.’
    St Helens Borough Council -v- Manchester Primary Care Trust and Another; CA 6-Aug-2008 - The Trust and Local authority disputed responsibility for the care of a woman whose mental and psychological conditions required constant and expensive care.
    Stovin -v- Wise, Norfolk County Council (Third Party); HL 24-Jul-1996 - The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway.
    Strickland -v- Hayes; CA 1896 - Lindley LJ discussed the validity of a byelaw where part appeared invalid
    The King -v- Salway; 19-May-1829 - By a charter of Queen Elizabeth it was provided that vacancies in the common council of the borough of L, should be filled up by election out of the ‘burgesses and inhabitants.’ The charter was accepted, but the corporation afterwards elected burgesses, not being inhabitants, to the office of common councilmen, as they had done before.
Legislation:
    1916
    1925
      Public Health Act 1925 / 71 -|- Case law -|- See Also: Health
      An Act to amend the Public Health Acts 1875 to 1907, and the Baths and Washhouses Acts 1846 to 1899, in respect of matters for which provision is commonly made in local Acts and for other purposes relating to the public health.
    1936
    1948
      National Assistance Act 1948 / 29 -|- Case law -|- See Also: Benefits, Immigration, Health
      An Act to terminate the existing poor law and to provide in lieu thereof for the assistance of persons in need by the National Assistance Board and by local authorities; to make further provision for the welfare of disabled, sick, aged and other persons and for regulating homes for disabled and aged persons and charities for disabled persons; to amend the law relating to non-contributory old age pensions; to make provision as to the burial or cremation of deceased persons; and for purposes connected with the matters aforesaid.
    1949
      Prevention of Damage by Pests Act 1949 / 55 -|- Case law -|- See Also: Animals
      An Act to re-enact with modifications the Rats and Mice (Destruction) Act 1919; to make permanent provision for preventing loss of food by infestation; and for purposes connected therewith.
    1950
    1957
      Parish Councils Act 1957 / 42 -|- Case law
      An Act to make further provision as to the constitution of parish councils, and as to the powers of parish councils and parish meetings, in rural parishes in England and Wales.
      Housing Act 1957 / 50 -|- Case law -|- See Also: Housing
      An Act to consolidate the enactments relating to housing with the exception of certain provisions relating to financial matters.
    1958
      Local Government Act 1958 / 55 -|- Case law
      An Act to make further provision, as respects England and Wales, with respect to grants to local or police authorities, with respect to the rating of industrial and freight-transport hereditaments and of transport, electricity and gas authorities, with respect to the making of changes in the area, name, status and functions of local authorities, and with respect to local government finance and elections; to amend the law in England and Wales and in Northern Ireland as to the making by trustees of loans to local and other authorities; and for purposes connected with the matters aforesaid.
    1960
      Public Bodies (Admission to Meetings) Act 1960 / 67 -|- Case law -|- See Also:, Media
      An Act to provide for the admission of representatives of the press and other members of the public to the meetings of certain bodies exercising public functions.
      Caravan Sites and Control of Development Act 1960 / 62 -|- Case law -|- See Also: Planning, Licensing, Housing
      An Act to make further provision for the licensing and control of caravan sites, to authorise local authorities to provide and operate caravan sites, to amend the law relating to enforcement notices and certain other notices issued under Part III of the Town and Country Planning Act 1947, to amend sections twenty-six and one hundred and three of that Act and to explain other provisions in the said Part III; and for connected purposes.
    1961
      Public Health Act 1961 / 64 -|- Case law -|- See Also: Health, Environment
      An Act to amend the provisions of the Public Health Act 1936, relating to building byelaws, to make such amendments of the law relating to public health and the functions of county councils and other local authorities as are commonly made in local Acts, to amend the law relating to trade effluents and to amend section two hundred and forty-nine of the said Act of 1936.
      Housing Act 1961 / 65 -|- Case law -|- See Also: Housing
      An Act to make further arrangements for the giving of financial assistance for the provision of housing accommodation, to confer further powers on local authorities as regards houses let in lodgings or occupied by more than one family, and houses or other buildings affected by clearance orders and demolition orders, to amend section five of the Rent Act, 1957, by allowing a greater increase in the permitted rent for improvements, to alter the circumstances in which improvement grants and standard grants may be made under Part II of the Housing (Financial Provisions) Act, 1958, and the Housing and House Purchase Act, 1959, to amend the law with respect to repairing obligations in short tenancies of dwelling-houses, and to amend the Town Development Act, 1952, as regards development carried out wholly or partly in a county borough and as regards the assistance which may be given by a county council for town development; and for purposes connected with any of those matters.
      Home Safety Act 1961 / 20 -|- Case law -|- See Also:, Health and Safety
      An Act to enable certain local authorities in England and Wales to promote safety in the home and to make contributions to voluntary organisations whose activities consist of or include the promotion of safety in the home.
    1968
      Caravan Sites Act 1968 / 52 -|- Case law -|- See Also: Landlord and Tenant, Housing
      An Act to restrict the eviction from caravan sites of occupiers of caravans and make other provision for the benefit of such occupiers; to secure the establishment of such sites by local authorities for the use of gipsies and other persons of nomadic habit, and control in certain areas the unauthorised occupation of land by such persons; to amend the definition of “caravan” in Part I of the Caravan Sites and Control of Development Act 1960; and for purposes connected with the matters aforesaid.
    1970
    1971
    1972
      Local Government Act 1972 / 70 -|- Case law -|- See Also:, Elections, Transport, Licensing
      An Act to make provision with respect to local government and the functions of local authorities in England and Wales; to amend Part II of the Transport Act 1968; to confer rights of appeal in respect of decisions relating to licences under the Home Counties (Music and Dancing) Licensing Act 1926; to make further provision with respect to magistrates’ courts committees; to abolish certain inferior courts of record; and for connected purposes.
      Local Government Act 1972 / 70 -|- Case law -|- See Also:, Licensing, Transport, Magistrates
      An Act to make provision with respect to local government and the functions of local authorities in England and Wales; to amend Part II of the Transport Act 1968; to confer rights of appeal in respect of decisions relating to licences under the Home Counties (Music and Dancing) Licensing Act 1926; to make further provision with respect to magistrates’ courts committees; to abolish certain inferior courts of record; and for connected purposes.
    1974
    1976
      Local Government (Miscellaneous Provisions) Act 1976 / 57 -|- Case law -|- See Also:, Health
      An Act to make amendments for England and Wales of provisions of the law which relates to local authorities or highways and is commonly amended by local Acts; to alter certain supplemental provisions of the enactments relating to public health; to provide for certain powers of local authorities to execute works to be exercisable outside their areas; to provide for certain future local enactments and orders to have effect subject to certain other enactments; to amend section 126 of the Housing Act 1974; and for purposes connected with the matters aforesaid.
    1980
      Housing Act 1980 / 51 -|- Case law -|- See Also: Housing, Landlord and Tenant
      An Act to give security of tenure, and the right to buy their homes, to tenants of local authorities and other bodies; to make other provision with respect to those and other tenants; to amend the law about housing finance in the public sector; to make other provision with respect to housing; to restrict the discretion of the court in making orders for possession of land; and for connected purposes.
      Highways Act 1980 / 66 -|- Case law -|- See Also: Road Traffic
      An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.
    1984
      Building Act 1984 / 55 -|- Case law -|- See Also: Construction
      An Act to consolidate certain enactments concerning building and buildings and related matters.
    1985
      Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 / 73 -|- Case law -|- See Also: Scotland, Landlord and Tenant, Evidence, legal Professions
      An Act to amend the law of Scotland in respect of certain leases, other contracts and obligations; certain courts and their powers; evidence and procedure; certain criminal penalties; the care of children; the functions of the Commissioner for Local Administration; solicitors; and certain procedures relating to crofting and the valuation of sheep stocks; and to make, as respects Scotland, certain other miscellaneous reforms of the law.
    1988
      Norfolk and Suffolk Broads Act 1988 / 4 -|- Case law -|- See Also: Transport
      An Act to establish an authority to be known as the Broads Authority; to make provision with respect to its powers; to make provision with respect to the area commonly known as the Broads and with respect to the Great Yarmouth Port and Haven and its Commissioners; to provide for the making of grants to the Authority by the Secretary of State; and for connected purposes.
      Local Government Act 1988 / 9 -|- Case law
      An Act to secure that local and other public authorities undertake certain activities only if they can do so competitively; to regulate certain functions of local and other public authorities in connection with public supply or works contracts; to authorise and regulate the provision of financial assistance by local authorities for certain housing purposes; to prohibit the promotion of homosexuality by local authorities; to make provision about local authorities’ publicity, local government administration, the powers of auditors, land held by public bodies, direct labour organisations, arrangements under the Employment and Training Act 1973, the Commission for Local Authority Accounts in Scotland, the auditing of accounts of local authorities in Scotland, and dog registration, dog licences and stray dogs; and for connected purposes.
    1989
      Children Act 1989 / 41 -|- Case law -|- See Also: Children
      An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.
    1990
      The Local Government Officers (Political Restrictions) Regulations 1990 / 851 -|- Case law -|- See Also:, Constututional
      The Secretary of State for the Environment, as respects England, the Secretary of State for Scotland, as respects Scotland and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by section 1(5) and (6) of the Local Government and Housing Act 1989(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:
    1991
      New Roads and Street Works Act 1991 / 22 -|- Case law -|- See Also: Utilities, Transport, Road Traffic
      An Act to amend the law relating to roads so as to enable new roads to be provided by new means; to make new provision with respect to street works and, in Scotland, road works; and for connected purposes.
    1992
    1994
      Land Drainage Act 1994 / 25 -|- Case law -|- See Also: Land, Environment
      An Act to amend the Land Drainage Act 1991 in relation to the functions of internal drainage boards and local authorities.
    1996
      Noise Act 1996 / 37 -|- Case law -|- See Also: Nuisance
      An Act to make provision about noise emitted from dwellings at night; about the forfeiture and confiscation of equipment used to make noise unlawfully; and for connected purposes.
    2000
    2002
      Homelessness Act 2002 / 7 -|- Explanatory Note -|- Case law -|- See Also: Housing
      An Act to make further provision about the functions of local housing authorities relating to homelessness and the allocation of housing accommodation; and for connected purposes.
      Adoption and Children Act 2002 / 38 -|- Case law -|- See Also: Adoption, Children
      An Act to restate and amend the law relating to adoption; to make further amendments of the law relating to children; to amend section 93 of the Local Government Act 2000; and for connected purposes.
    2003
    2004
      Traffic Management Act 2004 / 18 -|- Explanatory Note -|- Case law -|- See Also: Road Traffic, Transport, Utilities
      An Act to make provision for and in connection with the designation of traffic officers and their duties; to make provision in relation to the management of road networks; to make new provision for regulating the carrying out of works and other activities in the street; to amend Part 3 of the New Roads and Street Works Act 1991 and Parts 9 and 14 of the Highways Act 1980; to make new provision in relation to the civil enforcement of traffic contraventions; to amend section 55 of the Road Traffic Regulation Act 1984; and for connected purposes.
      European Parliamentary and Local Elections (Pilots) Act 2004 / 2 -|- Explanatory Note -|- Case law -|- See Also: Elections, Constitutional
      An Act to make provision for piloting in certain regions different methods of voting at the European Parliamentary general election in 2004 and at certain local elections held at the same time; and to enable consequential alterations to be made to voting procedures at local elections.
      Children Act 2004 / 31 -|- Explanatory Note -|- Case law -|- See Also: Children, Adoption
      An Act to make provision for the establishment of a Children’s Commissioner; to make provision about services provided to and for children and young people by local authorities and other persons; to make provision in relation to Wales about advisory and support services relating to family proceedings; to make provision about private fostering, child minding and day care, adoption review panels, the defence of reasonable punishment, the making of grants as respects children and families, child safety orders, the Children’s Commissioner for Wales, the publication of material relating to children involved in certain legal proceedings and the disclosure by the Inland Revenue of information relating to children.
      Carers (Equal Opportunities) Act 2004 / 15 -|- Explanatory Note -|- Case law -|- See Also:, Health
      An Act to place duties on local authorities and health bodies in respect of carers; and for connected purposes.
    2005
    2007
      Local Government and Public Involvement in Health Act 2007 / 28 -|- Explanatory Note -|- Case law -|- See Also: Health
      An Act to make provision with respect to local government and the functions and procedures of local authorities and certain other authorities; to make provision with respect to persons with functions of inspection and audit in relation to local government; to establish the Valuation Tribunal for England; to make provision in connection with local involvement networks; to abolish Patients' Forums and the Commission for Patient and Public Involvement in Health; to make provision with respect to local consultation in connection with health services; and for connected purposes.
      Greater London Authority Act 2007 / 24 -|- Explanatory Note -|- Case law
      An Act to make further provision with respect to the Greater London Authority; to amend the Greater London Authority Act 1999; to make further provision with respect to the functional bodies, within the meaning of that Act, and the Museum of London; and for connected purposes
    2008
      Regulatory Enforcement and Sanctions Act 2008 / 13 -|- Case law
      An Act to make provision for the establishment of the Local Better Regulation Office; for the co-ordination of regulatory enforcement by local authorities; for the creation of civil sanctions in relation to regulatory offences; for the reduction and removal of regulatory burdens; and for connected purposes.
      Children and Young Persons Act 2008 / 23 -|- Explanatory Note -|- Case law -|- See Also: Children, Adoption
      An Act to make provision about the delivery of local authority social work services for children and young persons; to amend Parts 2 and 3 of the Children Act 1989; to make further provision about the functions of local authorities and others in relation to children and young persons; to make provision about the enforcement of care standards in relation to certain establishments or agencies connected with children; to make provision about the independent review of determinations relating to adoption; and for connected purposes.
    2009
      Provision of Services Regulations Regulations 2009 / 2999 -|- Explanatory Note -|- Case law -|- See Also: European, Commercial
      Local Democracy, Economic Development and Construction Act 2009 / 20 -|- Explanatory Note -|- Case law -|- See Also: Elections, Construction
      An Act to make provision for the purposes of promoting public involvement in relation to local authorities and other public authorities; to make provision about bodies representing the interests of tenants; to make provision about local freedoms and honorary titles; to make provision about the procedures of local authorities, their powers relating to insurance and the audit of entities connected with them; to establish the Local Government Boundary Commission for England and to make provision relating to local government boundary and electoral change; to make provision about local and regional development; to amend the law relating to construction contracts; and for connected purposes
    2011
      Localism Act 2011 / -|- Explanatory Note -|- Case law -|- See Also: Planning
      An Act to make provision about the functions and procedures of local and certain other authorities; to make provision about the functions of the Commission for Local Administration in England; to enable the recovery of financial sanctions imposed by the Court of Justice of the European Union on the United Kingdom from local and public authorities; to make provision about local government finance; to make provision about town and country planning, the Community Infrastructure Levy and the authorisation of nationally significant infrastructure projects; to make provision about social and other housing; to make provision about regeneration in London; and for connected purposes.
    2012
      Local Government Finance Act 2012 / -|- Explanatory Note -|- Case law -|- See Also:, Rating
      An Act to make provision about non-domestic rating; to make provision about grants to local authorities; to make provision about council tax; to make provision about the supply of information for purposes relating to rates in Northern Ireland; and for connected purposes.
      Local Government Byelaws (Wales) Act 2012 / 2 -|- Explanatory Note -|- Case law -|- See Also: Wales, Constitutional
      An Act of the National Assembly for Wales to make provision for the powers of county councils, county borough councils, community councils and other public bodies to make byelaws; the procedure for making byelaws; the enforcement of byelaws; and for connected purposes.
      Health and Social Care Act 2012 / 7 -|- Explanatory Note -|- Case law -|- See Also: Health, Health Professions
      An Act to establish and make provision about a National Health Service Commissioning Board and clinical commissioning groups and to make other provision about the National Health Service in England; to make provision about public health in the United Kingdom; to make provision about regulating health and adult social care services; to make provision about public involvement in health and social care matters, scrutiny of health matters by local authorities and co-operation between local authorities and commissioners of health care services; to make provision about regulating health and social care workers; to establish and make provision about a National Institute for Health and Care Excellence; to establish and make provision about a Health and Social Care Information Centre and to make other provision about information relating to health or social care matters; to abolish certain public bodies involved in health or social care; to make other provision about health care; and for connected purposes.
    2014
      Public Bodies (Joint Working) (Scotland) Act 2014 / asp 9 -|- Case law -|- See Also: Scotland, Health
      An Act of the Scottish Parliament to make provision in relation to the carrying out of functions of local authorities and Health Boards; to make further provision about certain functions of public bodies; to make further provision in relation to certain functions under the National Health Service (Scotland) Act 1978; and for connected purposes.
      Local Audit and Accountability Act 2014 / 2 -|- Explanatory Note -|- Case law -|- See Also:, Information
      An Act to make provision for and in connection with the abolition of the Audit Commission for Local Authorities and the National Health Service in England; to make provision about the accounts of local and certain other public authorities and the auditing of those accounts; to make provision about the appointment, functions and regulation of local auditors; to make provision about data matching; to make provision about examinations by the Comptroller and Auditor General relating to English local and other public authorities; to make provision about the publication of information by smaller authorities; to make provision about compliance with codes of practice on local authority publicity; to make provision about access to meetings and documents of local government bodies; to make provision about council tax referendums; to make provision about polls consequent on parish meetings; and for connected purposes
    2015
      Self-build and Custom Housebuilding Act 2015 / 17 -|- Case law -|- See Also: Construction, Planning, Land
      An Act to place a duty on certain public authorities to keep a register of individuals and associations of individuals who wish to acquire serviced plots of land to bring forward self-build and custom housebuilding projects and to place a duty on certain public authorities to have regard to those registers in carrying out planning and other functions.
      Local Government (Review of Decisions) Act 2015 / 22 -|- Explanatory Note -|- Case law -|- See Also:, Health and Safety
      An Act to make provision about the procedure for conducting investigations under Part 3 of the Local Government Act 1974; and to make provision for cases where an authority to which that Part applies takes a decision that affects the holding of an event for a reason relating to health or safety.
      Local Government (Religious etc. Observances) Act 2015 / 27 -|- Case law -|- See Also:, Ecclesiastical
      An Act to make provision about the inclusion at local authority meetings of observances that are, and about powers of local authorities in relation to events that to any extent are, religious or related to a religious or philosophical belief.
      Health and Social Care (Safety and Quality) Act 2015 / 28 -|- Case law -|- See Also: Health Professions
      An Act to make provision about the safety of health and social care services in England; to make provision about the integration of information relating to users of health and social care services in England; to make provision about the sharing of information relating to an individual for the purposes of providing that individual with health or social care services in England; to make provision about the objectives of the regulatory bodies for health and social care professions and the Professional Standards Authority for Health and Social Care; to make provision about the disposal of cases concerning a person’s fitness to practise a health or social care profession; and for connected purposes.
    2016
      Transport for London Act 2016 / 1 -|- Case law -|- See Also: Transport
      An Act to confer further powers upon Transport for London; and for related purposes.
      Historic Environment (Wales) Act 2016 / anaw 4 -|- Explanatory Note -|- Case law -|- See Also: Wales, Planning
      An Act of the National Assembly for Wales to make provision amending certain aspects of the law relating to ancient monuments and listed buildings; to establish a register of historic parks and gardens and a list of historic place names; to establish historic environment records for local authority areas; to establish an Advisory Panel for the Welsh Historic Environment; and for connected purposes.
      Cities and Local Government Devolution Act 2016 / 1 -|- Explanatory Note -|- Case law -|- See Also:, Transport
      An Act to make provision for the election of mayors for the areas of, and for conferring additional functions on, combined authorities established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009; to make other provision in relation to bodies established under that Part; to make provision about local authority governance and functions; to confer power to establish, and to make provision about, sub-national transport bodies; and for connected purposes.
      Childcare Act 2016 / 5 -|- Explanatory Note -|- Case law -|- See Also: Children, Education
      An Act to make provision about free childcare for young children of working parents and about the publication of information about childcare and related matters by local authorities in England.

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