Local government: statutory powers and duties and their proper exercise | Practical Law

Local government: statutory powers and duties and their proper exercise | Practical Law

There are legal consequences for local authorities resulting from their corporate status. This practice note explains these consequences and deals with the main issue arising out of statutory creations; the ultra vires doctrine.

Local government: statutory powers and duties and their proper exercise

Practical Law UK Practice Note 2-384-0606 (Approx. 24 pages)

Local government: statutory powers and duties and their proper exercise

MaintainedEngland, Wales
There are legal consequences for local authorities resulting from their corporate status. This practice note explains these consequences and deals with the main issue arising out of statutory creations; the ultra vires doctrine.
The two strands of the doctrine are explained: firstly, whether a local authority has capacity to do what it wants to do and secondly, whether it exercises the statutory power in a manner consistent with public law principles.