Business and legal services

DISCLAIMER
The duties listed below are currently under review and have not yet been formally signed off by the relevant professional association. The information provided is for reference only and should not be treated as final or authoritative guidance. Please verify any decisions against approved sources or seek professional advice. Updates will be published once sign-off is complete.

Award public contracts above prescribed value thresholds

When councils award public contracts worth more than a set value (threshold), they are legally required to comply with procurement regulations designed to ensure transparency, fairness, and competition.
Issue business licences where statutory criteria are met

Councils have a duty to issue business licences when an applicant meets all the statutory requirements set out in law, including compliance with safety standards, suitability of premises, and any other legally specified conditions.
Regulate local businesses and enforce compliance

Councils are responsible for regulating local businesses and enforcing compliance with statutory requirements.
Recover debts owed to the council through legal means

Councils are responsible for collecting money that is legally due, such as unpaid council tax, business rates, or service charges.
Ensure decisions are lawful and defensible

Every decision made by the council must comply with the law and be capable of standing up to scrutiny if challenged.
Maintain compliance with statutory governance frameworks

Councils operate under strict governance rules set out in legislation, such as requirements for committee structures, reporting, and accountability.
Represent the council in court, tribunals, and inquiries

When legal challenges, disputes, or official investigations arise, councils must appear and present their case.
Manage and resolve legal disputes and claims

Disputes can occur over contracts, property, employment, or liability issues. Councils must handle these promptly and fairly, using negotiation, mediation, or litigation where necessary.
Prosecute breaches and prepare evidence for enforcement

If individuals or businesses break local laws or regulations, councils can take enforcement action through prosecution.
Ensure actions are not beyond legal powers

Councils can only act within the powers granted by law. This duty means checking that every policy, project, or decision is legally permitted and does not exceed statutory authority.
Ensure actions are not beyond legal powers
Make byelaws for good rule and government

Councils can make local byelaws to help keep their area safe, clean, and well-managed.
Make Byelaws for Good Rule and Government
Keep register of byelaws and review these at least every 10 years

Councils must keep a clear and accessible register of all byelaws currently in force and have a legal duty to review each byelaw at least once every 10 years.
License activities involving animals

Councils must license activities involving animals to ensure public safety, animal welfare, and compliance with legal standards.
License premises that keep dangerous wild animals

Councils must license premises that keep dangerous wild animals to ensure public safety and animal welfare.
License or register premises for the use of animals in performances

Councils must license or register premises for the use of animals in performances to ensure the welfare of animals and the safety of the public.
Provide goods and services to other public bodies

Councils should provide goods and services to other authorities to share expertise, resources, and capacity in a cost-effective way.
Prevent bribery and corruption in the exercise of council functions

Councils must prevent bribery and corruption in the exercise of their functions to maintain integrity, transparency, and public trust
Ensure PVG compliance for regulated roles

Councils must make sure that anyone working in roles with children or vulnerable adults has the right background checks in place.
Implement the Duty of Candour procedure

Councils must follow the Duty of Candour procedure when certain serious incidents occur in health or social care services they provide.
Set and enforce management rules for council land and premises

Councils can create management rules to regulate how people use council-owned land and buildings that are open to the public.
Make Exclusion Orders

Councils can issue a formal Exclusion Order banning someone from specific council land or premises for up to one year.
Regulate gambling and licensing of gambling activities

Councils must oversee and control gambling activities in their area to ensure they are safe, fair, and responsible.
Check right to work for certain licence applications

Councils must ensure that anyone applying for or renewing certain licences provides proof of their legal right to work in the UK.
License and regulate petroleum storage

Councils must license and regulate the storage of petroleum spirit to protect public safety.
Publish prior information notices in local print media

Councils must tell the public in advance about certain proposals or decisions that could affect them, and give people a fair chance to comment or object.
Submit a report to the court when notified of an adoption application

When the council is told that someone has applied to adopt a child, they must send a report to the court.
Apply for Permanence Orders, including with Authority to Adopt

Councils can apply to the court for a Permanence Order when a child needs long-term care away from their birth family.
Provide evidence and reports in matters relating to a child’s care and upbringing

When a court is deciding what’s best for a child, it can ask the council to provide information or reports to help with that decision.
Apply for and implement Child Protection Orders (CPOs)

If a child is believed to be at serious risk of harm, the council can apply to the court for a Child Protection Order.
Safeguard children’s welfare in matrimonial proceedings

Councils have a responsibility to safeguard the welfare of children involved in matrimonial proceedings, such as divorce or separation cases.
Regulate public processions

Councils must manage and oversee public parades and processions.
Manage Common Good Assets transparently and responsibly

Councils must manage Common Good assets - such as land, buildings, or funds historically held for the benefit of local communities - in a transparent and responsible way.
Manage all land transactions responsibly

Councils must handle all land and property transactions in a way that protects public assets and complies with the law.
Manage and enforce rules for council-controlled public premises

Councis are responsible for ensuring that all public buildings and spaces owned or leased by the council are operated safely, fairly, and in accordance with agreed standards.
Provide social background reports for courts

Councils must prepare reports about a person’s background to help judges make informed decisions during sentencing.
Provide bail supervision as an alternative to remand

Councils may provide supervision for individuals granted bail to ensure they comply with bail conditions and attend court.
Manage cross-border supervision transfers

Councils manage Drug Treatment and Testing Orders (DTTOs) through criminal justice social work services.
Support Restriction of Liberty Orders (RLOs)

Councils must assess individuals to help courts decide if a Restriction of Liberty Order (RLO) is appropriate.
Acquire land and develop educational premises

Councils may acquire land - whether within or outside their area - by purchase, lease, excambion (exchange), or donation.
Acquire and dispose of land for housing purposes

Councils can buy and sell land to support housing development.
Acquire land by compulsory purchase for road purposes

Councils have the power to acquire land through compulsory purchase when it is needed for building or improving roads.