LOCAL AUTHORITY
The duty of government and of Parliament, is to control the policy and interests of the nation as a whole. It is responsible for administration and foreign affairs. It is customary for Parliament to lay down the principles of administration for domestic matters then leave it to the local authorities to apply these principles within their specific areas.There is no strict line of demarcation between the functions of central and Local Government so far as home affairs are concerned. Parliament decides the scope of Local Government and the local authorities powers are defined by statute.The work of all local authorities is scrutinised by central government departments, who advise on how services can be run and appoint inspectors to check on the service being provided.
Local authority expenditure is financed from three main sources: government grants, local tax paid by the occupiers of land and buildings, rents from houses and property, capital investment, dividends and interest .
A local authority means any body of persons empowered to spend money derived from the proceeds of a local rate. The term has a special meaning in particular Acts of Parliament. The Local Government Act, 1933, defines it as the council of a county, county borough, county district or rural parish. A parish meeting is not, therefore, a local authority for purposes of that Act. A council district includes a non-council borough, an urban district or a rural district.
Local Government is the term used to denote the management of the various subdivisions of a country. It is now a civil division corresponding with shire in England and Scotland.The larger counties are more or less divided for purposes of parliamentary representation, and also for the more convenient administration of justice. The provinces of Canada, the Australian colonies, and the several states of America have also been divided into counties, for administrative purposes.
Local Government's, function is chiefly judicial and administrative dealing mainly with such matters that concern the inhabitants of a particular place or district, including those functions which central government consider desirable to be administered.
The work of a local authority affects your day-to-day life whether you live in a city, or in the country. Its services cover many areas the council is responsible for the maintenance of a police force, together with the local justices of the peace . It also maintains highways and bridges, furthermore, it is responsible for public health, maternity and child welfare, town and country planning, and the Acts of Parliament which delegate responsibilities to local authorities.
It shares these responsibilities with other authorities within its area; For administrative purposes England and Wales is divided into counties which are divided into county authorities. The county council covers the largest administrative area and the parish is the least important of the local authorities.
The main types of local authority are :-
NON - METROPOLITAN AREAS
England is divided into 39 non-metropolitan counties. Each has a county council and is further divided into districts, each with a district council. There are 296 non-metropolitan district councils in England. Wales has 8 counties, each with a council, and 37 districts, each with a district council. In certain rural areas there is an additional bottom tier of local government in the form of a parish council or parish meeting. There are over 9,000 parish councils or meetings in England, in Wales, where they are called community councils or community meetings, there are 842 community councils.
| (1) | County councils (shire Counties) | (2) | District councils (borough or City Councils) | |
| 39 in England & 8 in Wales | 269 in England & 57 in Wales | |||
| (3) | Rural councils | |||
| (4) | Parish town council | (5) | Parish meetings. | |
METROPOLITAN AREAS
The six most heavily populated areas in England outside London - Greater Manchester, Merseyside, South Yorkshire, Tyne and Wear, West Midlands and West Yorkshire - are now known as metropolitan areas'. Each has its own metropolitan county council, and is further divided into metropolitan districts, each with its own council. There are 36 metropolitan district councils in England.
| (1) | Metropolitan District | (2) | Metropolitan District Councils | ||
| The 6 old metropolitan areas | 36 in England | ||||
The largest councils in the metropolitan areas have an average of around 100 members each, while the non-metropolitan county councils average around 80 members.
Unitary authorities (England)
There are now Unitary authorities in existence, which have the same range of functions as the Metropolitans. The
election cycle is variable, as for district councils.
Unitary authorities (Scotland and Wales)
The government re-organised local government differently in Scotland and Wales it abolished the two-tier system
of Scottish regions and districts and Welsh counties and districts. Replacing them with a single-tier unitary authority
system.The areas of responsibility are much the same as for the unitaries in England. Elections to all councils
take place on a four-year cycle.
London Boroughs & ILEA ( The ILEA was abolished by the Education Reform Act 1988 in April 1990 )
| (1) | Boroughs | (2) | City of London | |
| 32 inner London - 12 outer London | A corporation elected from the City area | |||
A local authority is run as a separate legal entity from central government, it is an administrative body with no powers to pass laws - only to enact bye-laws, it has no powers except those granted by acts of parliament. These must be within the general principles of Parliament, the sanction of central government must be obtained before the local body can act. For example, if an authority wishes to introduce a bye-law in its area, the bye-law must be confirmed by the appropriate Minister then printed so that copies are available at the authority's offices for members of the public to inspect or buy, before it is enforceable. In general terms, a local authority has the power to levy rates, introduce bye-laws and acquire land by agreement or compulsory purchase, provided that it seeks permission. It also has the power to borrow money but every loan has to be sanctioned by the Home Secretary.
The work of local authorities is examined by central government departments, who advise on how services can be run and appoint inspectors to check on the service being provided. A local authority is controlled by central government when it wants to take action in a way that means extending its powers, it must seek the approval of the Secretary of State concerned.
Acts, known as 'general Acts', grant new powers to an authority . They may compel a local authority to carry out a particular service or function, but the authority has to make a resolution to adopt the Act before it applies in that area. If an authority does not carry out the requirements of a mandatory Act which contains a default clause, the Secretary of State may declare the authority to be ' in default ' and transfer its duties to another authority or to himself.
In general terms, a local authority has the power to levy rates, introduce bye-laws and acquire land by agreement or Compulsory Purchase, provided that it goes through the procedure for seeking permission. It also has the power to borrow money but every loan has to be sanctioned by the Home Secretary.
If it wants to increase its powers it must promote its own private or local Act of Parliament. It can also object to a local Act being promoted by another local authority or body.
To do so, the authority must :-
| 1 | Give 30 days notice to members of the council and public that a council meeting has been convened to promote a local |
| Act of Parliament. Only 10 days notice is needed if it wants to object to a Bill. | |
| 2 | Advertise in the local Press at the same time announcing the meeting and stating the resolution before the council |
| Pass the resolution to promote or oppose the Bill by a two-thirds majority of the whole council | |
| 3 | Deposit the Bill at Parliament after the first meeting, in accordance with the standing orders of Parliament, or deposit a |
| petition at Parliament objecting to a Bill. | |
| 4 | Hold a second meeting of the full council 14 days after the Bill has been deposited, and a further 30 days notice of the |
| second meeting has been given to members of the council and advertised in the local Press in he same way as the first | |
| meeting No second meeting is required if a Bill is being objected to. | |
| 5 | Confirm the resolution of the first meeting by a majority of two-thirds of the whole council at the second meeting. If the |
| second meeting fails to do so, the Bill must be withdrawn. If it is confirmed, the Bill then enters the parliamentary | |
| machinery for private Bills where any objections are considered. If the Bill passes its three readings and receives the | |
| Royal Assent, it is then an Act of Parliament. |
If someone decides to challenge the order of a local authority - for example, if he believes a bye-law introduced by the authority is unreasonable, he may object in court on the ground that the authority has acted 'ultra vires', beyond its powers.
VOTING
A local authority consists of an elected body of members who form the council, elected by voters in the community, a voter is entitled to vote in all elections affecting his district.They meet frequently to discuss any important matters of finance and administration and decide overall policy. Members of the council, are paid an allowance for attending meetings, they help decide the policy of the authority and the action it intends to take.
COUNCIL MEETINGS
All elected council members meet together at the full council meetings, the Members of the council have a duty to the whole community, and a special duty to their constituents. They need to provide clear community leadership, involve local people in decision-making, and explain to them their rights.
Any member of the public is entitled to attend all full council meetings, most committees and some sub-committees, provided that a meeting has not been agreed to be discussed in private. A person is also entitled to inspect minutes of council meetings and committee meetings and any development plans, which are open to inspection at the local authority head office or public library. Many councils allow the members of the public to address the full council , standing orders may also permit a small deputation to address a council meeting. Some councils have rules which entitle any person to submit a written question to a member of the council to be answered at a full council meeting. If you wish to bring a matter to the attention of the council, seek advice from the chief executive whether the council's standing orders include such provisions.
The full council considers the most important matters of policy and decisions at its meetings. Otherwise, the business is carried out by committees consisting of councilors, usually selected to reflect the political balance of the council. Only the full council can decide how many committees it has and who may sit on them, It is entitled to appoint as many committees and sub-committees as it wants.
There is usually a coordinating committee ( policy and resources committee or a cabinet style committeee ) in a local authority. It consists of councillors of the full council, and will be advised by the chief executive and his management team, and may be chaired by the council chairman. All the business considered by the other committees should come before this committee, so that the work and the policy of the authority is coordinated. The policy committee ( cabinet ) may be served by several sub-committees - for finance, personnel, land and buildings, and one to monitor the performance of the authority's departments.
Most committees are entitled to invite, or co.-opt, outsiders to join them, provided that at least two-thirds of
their members are councilors. Any committee that deals with finance, however, can have only elected councilors.
sub - committees do not need to have any legal minimum number of council members .A team of full time, paid council
officers work alongside the councilors and advises the committees and sub - committees.
COMMITTEE WORK
It is obviously impossible for a whole council to devote itself to all the problems of administration. Therefore, committees are formed to control various sections of the council's work, consisting of councilors, usually selected to reflect the political balance of the council. They must keep the full council advised of their activities and cannot take decisions upon important matters until they have laid their proposals before the full council and have received its sanction to proceed along the lines recommend.
There are, however, certain services that are essential. If the members of the council have no experience, then up to half the number of the committee members can be co.-opted, from non-elected members for example the police committee must have councilors and magistrates.
Most committees are entitled to invite, or co.-opt, outsiders to join them, provided that at least two-thirds of their members are councilors. Any committee that deals with finance, however, can have only elected councilors, subcommittees do not need to have any legal minimum number of council members .
The council appoints as many paid officers and staff officers as it thinks it needs to run its services, a code of practice governs the relationships between Council Members and staff who are influential in advising the councilors on policy, they implement manage, and provide the day-to-day services. Some officers have a specific duty to ensure that the Council acts within the law and use its resources wisely. In the analogy between civil servants and local government servants, the principle is maintained of the people's elected representatives ( cabinet style committee ) having full responsibility, supported by a large group of officers (anonymous experts).
COMPLAINTS
There is nothing that a local council does that should not be open to public examination, if you have a problem with your local council or wish to complain that your local authority has failed to carry out its duties (which includes improper conduct, malice, unfair discrimination or neglect, unjustifiable delay, incompetence ) .
| 1 | Contact the council and ask for the person who is concerned |
| ( make a note of his or her name and position in the council ) with the administration of that service. | |
| 2 | Should you be dissatisfied with the response that you get then send a letter stating your concern |
| to the director (chief officer ) of that department. | |
| 3 | Should the matter still be unresolved then (within 12 months) ask who your local councilor is then arrange a |
| joint meeting, between the councilor, the officer, and yourself. | |
| 4 | If your local councilor is not interested, ask other councilors if they share your view and if they will mediate |
| 5 | Start a petition |
| 6 | Notify the press |
| 7 | Raise enough public support to set up a campaign group & take a deputation to the council |
| 8 | Take the issue through the councils complaints procedure |
| 9 | Write to the local government's OMBUDSMAN |
