Council Powers
Bye-laws
Councils may make bye-laws in accordance with legislation for the good rule and government of the whole or any part of a district for the prevention and suppression of nuisances in the district or for any purpose for which bye-laws may be made under any other provision.
Bye-laws shall be made under the seal and must be approved by the Department. Before an application for confirmation, notice of intention must be given to newspapers circulating in the locality. A copy of the bye-laws must be deposited in the offices of the council and open to inspection. Each notice must be done at least one month before submission to the Department for confirmation. The Department may confirm bye-law submitted or may refuse to confirm them. Where it is to have effect in the district of any other council, the Department must consult with that other council before confirming the bye-law.
Copies of bye-laws, once confirmed, are printed and deposited in the offices of the council where they are made. They are open for inspection at all reasonable hours. Copies are to be furnished on payment of a reasonable sum to members of the public.
A person contravening a bye-law shall be guilty of an offense liable on summary conviction to a fine on level 2 of the standard scale or £2 per day for continuing fine. This is subject to such other statutory provisions that may modify the position.
Bye-laws may, for offenses, fix lower and maximum fines than the sums mentioned above or fix higher fines than those conferred by other legislation. Proceedings for an offense for breach of bye-laws shall not, without the consent of the Attorney General, be taken by any person other than the council.
An officer of the council, who is authorized by that behalf or a constable, may secure enforcement of bye-laws made by the council.
The production of a printed copy of a bye-law endorsed with a certificate purporting to be signed by the clerk of the council, stating that the bye-law was made by the council; that the copy is a true copy; and was confirmed by the Department is evidence of the facts stated in the certificate, without proof. The validity of a bye-law which has been approved by a Department shall not be questioned in legal proceedings on the ground that the Department is not the correct Department.
Councils have power to acquire and hold lands for the benefit of the inhabitants of the district; or improvement, development, and future development of the district. They may provide and maintain offices, halls, and buildings for the purposes of the business of the council, public meetings, assemblies, and entertainment.
Councils have authority to acquire land compulsorily by vesting order. Power to acquire by a vesting order may be exercised over land which is the property of any public body that has power under any legislation to acquire land compulsorily or which is declared to be inalienable.
The council, through its authorized officials, may enter land for the purpose of survey, valuation, or examination, where the council proposes to acquire it otherwise than by agreement, or where it appears necessary for the purpose of their functions, to determine whether any functions of the council should be exercised in relation to the land.
A power of entry is not exercisable except with the consent of the occupier; or where entry is for the purpose of examination, after twenty-four hours’ notice is served; or in other cases, where six days’ notice has been served.
It is an offense for any person other than an owner or occupier to knowingly or prevent an authorized person from doing on the land anything he is duly authorized to do or to obstruct the person in entering land. If the owner or occupier, knowingly prevents an authorized person from entering the land or doing any act he is permitted to do, an application may be made to a court of summary jurisdiction to order that this be allowed. Failure to comply is an offense.
Councils may enter contracts necessary for the discharge of their functions. They are to be entered into accordance with standing orders. A person entering contracts is not obliged to inquire into whether the standing orders have been complied with, and where expenditure is met from public funds other than a general grant in aid of the general expenditure of the council
The Department may issue directions, either generally or in a particular case, that the council shall not enter a contract other than by way of a tender procedure submitted after public notice, unless the Department otherwise consents.
Contracts in the case of other body corporates do not require to be made by deed, may if made by the council and if the subject matter is less than £30,000, be made by or on behalf of the council by a person generally or especially authorized to act for that purpose.
The councils may promote or oppose local or personal Bills, relevant to their interests. A special resolution of the council is required. Councils may enter arrangements with other public bodies and government Departments in relation to carrying out of their functions. They have power to enter agency arrangements. A public body must not make arrangements without consent of the relevant Department.
Councils may make arrangements with other councils and public bodies for the supplying of goods and services or interchange of staff. Councils may contribute towards the expenses incurred by another Council or public body in providing or maintaining works, facility, amenities, and equipments that the contributing council has power to provide or maintain within the district of the contributing council or at a place where it will benefit the inhabitants of that district.
Councils may contribute towards the expenses of voluntary bodies, which carry out activities within its district for the purpose of developing trade, industry, or commerce or encouraging the pursuit by persons residing in the district of a cultural, artistic nature. They may contribute towards the activities of any association which carries on activities calculated to assist tourism.
Councils must take steps as they consider necessary or expedient to arrange for the publication within their district of information on questions relating to their function. They may also arrange for lectures, addresses, discussions, display of films and pictures, exhibitions, or contribution towards the same for such purposes.
Councils may make information available, either at premises maintained or otherwise, concerning services available within the district either by the council, public bodies, or government Departments. The council may provide advice and assistance as respects matters on it has skill and experience, to a body outside the United Kingdom in the carrying out of the activities of the local government.
A council may not publish material which in whole or in part appears to be designed to affect public support for a political party. It shall have regard to the content and style of material, time and circumstances of publication, and the likely effect on those to whom it is directed.
The Department may issue codes of recommended practice as regards the content, style, distribution, and cost of council publicity, and other related matters. The council is to have regard to the provisions of such code in coming to any decision as to publicity. Expenditure on publicity must be separately accounted for.
The council has power to prosecute and defend legal proceedings to protect the interest of the council, the district, or any part of it, or its inhabitants. The council may authorize an officer, either in respect of particular matters or in respect of a particular matter to institute proceedings or appear on its behalf before a court of summary jurisdiction. An officer so authorized shall be entitled to conduct proceedings on behalf of the council although he is not a practicing solicitor.
In proceedings instituted by or against the council, it is not necessary to prove the corporate name, constitution, or the limits of its district. Production of a copy of minutes, resolutions, or standing orders endorsed with a certificate by the clerk of the council is to be sufficient evidence of the facts in the certificate and prove that the committee had power to pass such resolution.
Council shall have a seal, which shall be used under the authority of the resolution of the council or in accordance with standing orders. An instrument to which the seal of a council is affixed shall be signed by a member of the council and by a clerk of the council or some other person appointed.
The minutes of any proceedings of a council or committee of the council are open to inspection by any local elector of the district. Accounts of the council are also open to inspection, and a copy may be taken of the minutes or the accounts. They must be open at all reasonable hours.