DISCLAIMER:
This duty is currently under review and has 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.
Simple terms explainer
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. Staying within these limits avoids “ultra vires” actions that could be overturned or lead to legal liability.
Legal status
Statutory
Duty category
Business and legal
Duty type
Compliance
Social determinant of health
Social and community context
Emerging policy and legislation
1
National bodies with shared interest
Society of Local Authority Lawyers and Administrators in Scotland (SOLAR)
Standards and Frameworks
4