Duty type definitions

What is a “duty”?

A duty is something a local authority is legally required to do. Duties are set out in law, usually through Acts of Parliament or regulations. Councils must carry them out, although the law may allow some flexibility in how they are delivered.

What is a “power”?

A power is something a local authority is legally allowed, but not required, to do. Powers give councils discretion to act where they consider it appropriate. They are often used to respond to local needs, innovate, or go beyond minimum legal requirements. A council can usually decide whether, when, and how to use a power, as long as it acts within the law.

Why does the portal include both duties and powers?

Local government activity is shaped by a mix of duties and powers. Understanding the difference helps explain:

• what councils must do
• where they have flexibility and choice
• where there may be opportunities for change, simplification, or innovation

The portal brings both together to provide a clearer picture of the legal framework that underpins how councils operate in practice. Duties and powers have been classified using a best-fit approach. This is not always clear-cut, as some duties and powers share characteristics across more than one type.