Local Government Act 1972, section 111

Subsidiary powers of local authorities

Part VII Miscellaneous Powers of Local Authorities

(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.

Definitions used in section 111 2

local authority

46 In this Part of this Schedule “local authority” includes a joint authority .... . . . . . and in relation to any such authority the reference in paragraph 43 above to election shall include a reference to appointment.

Defined in Sch.12 para.46 · see it in the full Act

“local authority” means a county council, . . . a district council, a London borough council or a parish council but, in relation to Wales, means a county council, county borough council or community council;

Defined in s.270(1) · see it in the full Act
Common Council

“Common Council” means the Common Council of the City;

Defined in s.270(1) · see it in the full Act

Cases considering section 111 77

Akumah (FC) (Appellant) v. London Borough of Hackney (Respondents)

[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]).

Natural England v Andrew Jonathan Chubb Cooper

[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])

The Queen (on the application of Kalonga) v London Borough of Croydon

[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.

Amendments and notes

10 notes from legislation.gov.uk

Modifications

  1. C508S. 111 extended by Housing Act 1974 (c. 44), s. 126(1)
  2. C509S. 111 amended by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 57(7), Sch. 13 para. 12(a)
  3. C510S. 111 applied (07.08.1991) by S.I. 1991/1773, arts. 6, 8, Sch. 1.
  4. C511S. 111 applied (10.01.1992) by S.I. 1991/2913, arts. 6, 8, Sch.1.
  5. C512S. 111 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), reg. 14(1)
  6. C513S. 111 applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 7, Sch. 1
  7. C514S. 111 applied (with modifications) (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 8, Sch. 1
  8. C515S. 111(1)(3) extended (5.7.1994) by 1994 c. 19, ss. 39(2), 66(2)(a)(b), Sch. 13 para. 19(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
  9. C516S. 111(3) excluded (18.11.2003) by Local Government Act 2003 (c. 26), ss. {93(7)(a)}, 128
  10. C517S. 111(3) excluded (W.) (1.11.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 25(5), 175(7); S.I. 2021/231, reg. 4(a)