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General power of competence

General power of competence This Practice Note explains the concept of the general power of competence (GPC) afforded to local authorities by the Localism Act 2011 (LA 2011). It covers the nature and scope of the power, the charging and trading provisions it facilitates and the restrictions in its use. For a comprehensive discussion of overarching considerations for sound decision making, see Practice Note: Key considerations in local authority decision making. Local authority is a creature of statute As Lord Templeman famously indicated in Hazell v Hammersmith and Fulham LBC: ‘...local authority, although democratically elected and representative of the area, is not a sovereign body and can only do such things as are expressly or impliedly authorised by Parliament.’ Every local authority must therefore have statutory authority for all of its actions. In the past councils found this to be an unhelpful constraint particularly when they wished to provide local functions and services more context-sensitively. This was because of the absence (or perceived absence) of...

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Can a local authority dispose of a property to a non-registered housing provider without the consent of the Secretary of State?

Can a local authority dispose of a property to a non-registered housing provider without the consent of the Secretary of State? In England, Wales and Scotland, a local authority must have the consent of the appropriate ministerial authority to dispose of any land to any third party (excepting disposals of dwelling houses to tenants exercising their statutory right to buy). Where the disposal is of a vacant property for best consideration and/or for its full market value, this consent is usually available from ministers in the form of a general consent (providing a presumption of permission to do so). A disposal of vacant residential property by a local authority to an unregistered housing body for less than best market value will require specific consent from the appropriate ministerial authority. The disposal of a tenanted property by a local authority to any third party will always require specific ministerial consent. Unregistered housing association The term ‘unregistered housing association’ is defined under English, Welsh and Scottish law in...

In a mayoral combined authority is the mayor considered the executive of the combined authority?

In a mayoral combined authority is the mayor considered the executive of the combined authority? What is the role of the ‘Metro Mayor’ in a combined authority You may find it useful to refer to the News Analysis: Making way for the metro mayors—what can we expect? in which Dilpreet K. Dhanoa, barrister at 4–5 Gray’s Inn Square, explains the role as follows: ‘The role of the metro mayor is, in effect, the chair of a combined authority (that is, several local authorities combined) that has agreed to a devolution deal. The new directly elected metro mayors will have powers and responsibilities affecting the entire region over which they have been elected, in contrast to existing city mayors or local council leaders who only take decisions for and on behalf of their local authority. Part of the role will be in an executive capacity with strategic oversight into developing groups of local authorities with respect to infrastructure and economic growth.’ The House of Commons briefing library...