Local Government Act 1972, section 112

Appointment of staff

Part VII Miscellaneous Powers of Local Authorities

(1)Without prejudice to section 111 above but subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of such of their or another authority’s functions as fall to be discharged by them and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 113 below.

(2)An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

[F623 (2A)A local authority's power to appoint officers on such reasonable terms and conditions as the authority thinks fit is subject to section 41 of the Localism Act 2011 (requirement for determinations relating to terms and conditions of chief officers to comply with pay policy statement) F624....F623]

(3)Subject to subsection (4) below, any enactment or instrument made under an enactment which requires or empowers all local authorities or local authorities of any description or committees of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.

The reference in this section to committees of local authorities does not include a reference to any committee of which some members are required to be appointed by a body or person other than a local authority.

(4)Subsection (3) above does not apply to the following officers, that is to say—

F625 (a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)chief education officers appointed under [F626section 532 of the Education Act 1996F626] ;

F627 (c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F628 (d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F625 (e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)M9agricultural analysts and deputy agricultural analysts appointed under section 67(3) of the Agriculture Act 1970; and

(g)M10directors of social services appointed under section 6 of the Local Authority Social Services Act 1970[F629 or section 144 of the Social Services and Well-being (Wales) Act 2014F629] ;

F630 and it is hereby declared that subsection (3) above does not apply ... to any other person appointed by a local authority to perform a specified function.

(5)Without prejudice to the provisions of subsection (1) above, a parish or community council may appoint one or more persons from among their number to be officers of the council, without remuneration.

(6)M11Nothing in this section affects the operation of section 5 of the 1963 Act or the Local Authorities (Goods and Services) Act 1970.

Definitions used in section 112 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
the authority

(2) Any reference in Parts 4 and 5 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference —

(a) in the case of a principal council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to —

(i) any constituent principal council;

(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c) in the case of a sub-committee, to —

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any principal council which falls within paragraph (b) above in relation to that committee.

Defined in Sch.12A para.22(2) · see it in the full Act

(2) Any reference in Parts 1 and 2 and this Part of this Schedule to “the authority” is a reference to the principal council or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a) in the case of a principal council, to any committee or sub-committee of the council; and

(b) in the case of a committee, to—

(i) any constituent principal council;

(ii) any other principal council by which appointments are made to the committee or whose functions the committee discharges; and

(iii) any other committee or sub-committee of a principal council falling within sub-paragraph (i) or (ii) above; and

(c) in the case of a sub-committee, to—

(i) the committee, or any of the committees, of which it is a sub-committee; and

(ii) any principal council which falls within paragraph (b) above in relation to that committee.

Defined in Sch.12A para.11(2) · see it in the full Act

(2E) In subsection (2D) above, “the authority” has the meaning given in paragraph 22(2) of Schedule 12A to this Act.

Defined in s.100F(2E) · see it in the full Act

(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

Defined in s.100F(2B) · see it in the full Act

(2B) In subsection (2A) above, “the authority” has the meaning given in paragraph 11(2) of Schedule 12A to this Act.

Defined in s.100F(2B) · see it in the full Act

Cases considering section 112 3

Nicholls v Greenwich

[2003] EWCA Civ 416 · 3 April 2003Interprets

The statutory power to appoint and pay employees was considered in analysing the validity of the gratuity term and the scope of Allsop. Its exercise remained subject to applicable statutory limits (see paras [21]; [34]-[36]; [44]). A retirement gratuity promised in a contract of employment was a term or condition on which the employee was appointed to hold office, even though payment arose on termination. It formed part of the employment package and was within the authority’s power (see paras [34]-[35]).

Eastbourne Borough Council v Foster

[2001] EWCA Civ 1091 · 11 July 2001

The court assumed, without deciding, that the compromise agreement could have been ultra vires on grounds involving section 112. Its construction and application were not determined.

Comninos, R (on the application of) v Bedford Borough Council & Ors

[2003] EWHC 121 (Admin) · 24 January 2003Defines

Confirms that appointing staff is a local authority function relevant to the analysis of ancillary powers under section 111. (see para [33])

What each judgment says about section 112 is in the case-law panel in the full Act.

Amendments and notes

20 notes from legislation.gov.uk

Amendments

  1. F623S. 112(2A) inserted (15.1.2012 for E., 31.1.2012 for W.) by Localism Act 2011 (c. 20), ss., 41(4), 240(3)(a); S.I. 2012/193, art. 2(a)
  2. F624Words in s. 112(2A) omitted (W.) (1.4.2025) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5), s. 72(4), Sch. 1 para. 7(2); S.I. 2024/1337, art. 3(e)
  3. F625Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
  4. F626Words in s. 112(4)(b) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 23 (with ss. 1(4), 561, 562, Sch. 39 paras. 30, 36, 19)
  5. F627S. 112(4)(c) repealed (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 54, 61, Sch. 1 para. 40, Sch. 2; S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2
  6. F628S. 112(4)(d) repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I
  7. F629Words in s. 112(4)(g) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 30
  8. F630Words repealed by virtue of Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI

Modifications

  1. C518S. 112 extended by City of London (Various Powers) Act 1977 (c. xv), s. 19
  2. C519S. 112 amended by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 57(7), Sch. 13 para. 12(b)
  3. C520S. 112 modified (07.08.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.
  4. C521S. 112 modified (10.01.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.
  5. C522S. 112 applied (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 17(6)
  6. C523Ss. 112-117 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. C524S. 112 modified by 1999 c. 29, Sch. 27A para. 3(1) (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 15; S.I. 2018/227, art. 2(b)(iii))
  8. C525S. 112(1)(2)(5) applied (with modifications) (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), reg. 10(1)
  9. C526S. 112(2)(5) applied (4.3.1996) by S.I. 1996/263, reg. 10(1)

Marginal citations

  1. M91970 c. 40.
  2. M101970 c. 42.
  3. M111970 c. 39.