a. Duties

Local councils can only do what legislation requires or permits them to do. A council acting beyond its powers will be acting ‘ultra vires’ and could be challenged in the courts.

There are a limited number of statutory functions and duties that a local council must discharge. These include:

• holding an annual meeting, and at least three other meetings per year

• appointing someone responsible for the administration of its financial affairs

• preparing yearly accounts.

    Under s.27, Localism Act 2011,  councils are required to promote and maintain high standards of conduct by their members. In doing so, they must adopt a code of conduct.

There are specific duties on local councils when exercising their functions to:

• have due regard to the likely effect on (and the need to prevent) crime, disorder, the misuse of drugs, alcohol etc., re-offending and serious violence in its area

• have regard to the conservation of biodiversity.

There are other statutory duties that local councils are subject to:

• Freedom of Information Act 2000 - must make certain information available to the public and to those who request it

• compliance with the Data Protection Act 2018 (and UK GDPR)
  

• local councils are public authorities for the purpose of the Human Rights Act 1998.

• Equality Act 2010 - must have due regard to the need to eliminate discrimination and harassment, victimisation and to advance equality of opportunity in the exercise of its functions. 

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