(1)Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.
(2)For the purposes of this section, transacting the business of a parish or community meeting or any other parish or community business shall be treated as a function of the parish or community council.
(3)A local authority shall not by virtue of this section raise money, whether by means of rates, precepts or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.
(4) In this section “local authority” includes the Common Council.
Cases considering section 111 77
[2005] UKHL 17 · 3 March 2005
The provision authorises anything calculated to facilitate, or conducive or incidental to, the discharge of a local authority’s broadly understood functions. Regulating estate parking satisfied that criterion because it supported orderly estate life, residents’ parking and the exclusion of unauthorised vehicles (see paras [23]-[26]).
[2025] EWCA Civ 15 · 16 January 2025Interprets
Was treated as an analogous incidental-powers provision embodying the common-law principle that incidental action must relate to an actual statutory function. (see paras [97]-[98])
[2022] EWCA Civ 670 · 17 May 2022Limits
The ancillary power cannot confer a power omitted from a specific code governing the authority’s primary function. It may, however, provide a legal basis for reconsidering or withdrawing an administrative decision, which is distinct from extending a statutory review period. (see paras [73]; [76]; [81]; [84])
57 more judgments, and what each says about section 111, are in the
case-law panel in the full Act.