Section 10
Administrative law
10.2: Local authorities continued
The L.G.A. 2000: Executive decision-making
Mark Heath, LL.B., Solicitor, Dip.LG.,
Solicitor to the Council, Southampton City Council
This is the first in a series of three articles examining the impact of the Local
Government Act 2000. It examines the impact upon decision-making in local government. The
second article will examine the ethical framework and the third will review particular
issues of relevance to rights of way. The three articles are designed to provide both the
practitioner and those who engage with local authorities with a clear indication of the
changing world in which the highways function is now discharged at local government level.
Mark Heath, LL.B., Solicitor, Dip.LG.,
Solicitor to the Council, Southampton City Council
This is the second in a series of three articles examining the impact of the Local
Government Act 2000. The first article examined the impact upon decision- making. This
article examines the ethical framework. The third will review particular issues of
relevance to rights of way. The three articles are designed to provide both the
practitioner, and those who engage with local authorities, with a clear indication of the
changing world in which the highways function is now discharged at local government level.
Mark Heath, LL.B., Solicitor, Dip.LG.,
Solicitor to the Council, Southampton City Council
This completes the series of three articles examining the impact of the Local
Government Act 2000. The first article examined the impact upon decision-making. The
second examined the ethical framework. This article reviews particular issues of relevance
to rights of way. The three articles are designed to provide both the practitioner, and
those who engage with local authorities, with a clear indication of the changing world in
which the highways function is now discharged at local government level.
Mike Harwood, B.A., LL.B.(Cantab), Solicitor
A case note Legitimate expectation v. public rights
The Court of Appeal held that where Convention rights are engaged
(1) the doctrine of legitimate expectation could extend to
an act which was ultra vires the public body, but
(2) the circumstance that the denial of the expectation was
dictated by a need to protect public rights was relevant to the issue whether the denial
was justified and proportionate.
Mark Heath, LL.B., Solicitor, Dip.LG.,
Solicitor to the Council, Southampton City Council
The purpose of this article is to look at public rights of access to information in
local government, in particular at the impact of the Freedom of Information Act 2000 and
the Environmental Information Regulations 2004, how they impact on the world of rights of
way, how they interact, whether their impact is significant and, if so, to the overall
detriment or benefit of rights of way and those who practice in this field.
Amy Rushton, M.A., Countryside Access Development Officer,
Cheshire County Council
S.61 of the Countryside Act 2000 provides that
“Every local highway authority
other than an inner London authority shall, within five years after the commencement of
this section, prepare and publish a plan, to be known as a rights of way improvement plan
...”.
The required plan must include
(a) the authority’s assessment of
specified matters relating to local rights of way,
(b) a statement of the action they propose to take for the management of such ways, and
for securing an improved network of such ways, with particular regard to the matters dealt
with in the assessment, and
(c) such other material as the Secretary of State (as respects England) or the National
Assembly for Wales (as respects Wales) may direct.
The purpose of this article is to give some insight into the process of producing such
a plan, highlighting some of the difficulties involved by describing the process adopted
in Cheshire, where the process included participation in the Countryside Agency’s
demonstration project.
Mark Heath, LL.B., Solicitor, Dip.LG.,
Solicitor to the Council, Southampton City Council
The key messages in the seven substantive chapters in Volume 1 of the White Paper
'Strong and Prosperous Communities' are summarised, and the impact that the proposals, if
fully implemented, may have upon the rights of way field is addressed.
Mark Heath, LL.B., Solicitor, Dip.LG., Solicitor to the Council,
Southampton City Council
The revised model Code of Conduct for members of local authorities prescribed by the
Local Authorities (Model Code of Conduct) Order 2007 is addressed.
Mark Heath, LL.B., Solicitor, Dip.LG., Southampton City Council
The purpose of this article is to review the situation
relating to the capacity of local authorities to delegate functions to officers within the
same authority, how best those arrangements might be made, an examination of some of the
leading cases on the topic and suggestions as to how common pitfalls may be avoided.
The law in relation to this has recently been thrown into
some doubt by the decision in St. Edmondsbury Borough Council ex parte Walton [1999]. The
methodology whereby authorities may authorise officers on the ground to exercise
delegations which usually lie in the hands of senior officers is considered. This is
particularly significant for officers who may be working literally in the field, who may
need to issue or sign notices or other documents on the basis of a delegated authority
given to a senior officer. It is this balance between the pragmatic ability to operate and
function effectively, and the need to make sure that the law is complied with, where the
crucial issues of delegation and authorisation arise, and how lawfully that may be
achieved.
John Trevelyan, B.A., Director, Rowtac Ltd.
The new legal framework introduced by the Freedom of Information Act 2000 and the
Environmental Information Regulations 2004 was explained by Mark Heath. Consideration is
now given as to how the law has been interpreted in subsequent decisions of the
Information Commissioner and the Information Tribunal which have a bearing on requests for
information concerning councils’ rights of way work.
Simon Best, LL.B., Solicitor, Head of Legal Services,
Warwick District Council
Contract management is the process which ensures that both parties to a contract fully
meet their respective obligations as efficiently and effectively as possible, in order to
meet the business and operational objectives required from the contract and in particular
to provide value for money.
The questions “When does contract management start”
and “What data is needed and when” are addressed.
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