Local Government Act 1972, section 151

Financial administration

Part VIII Finance

[F826 (1)F826] Without prejudice to section 111 above, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that one of their officers has responsibility for the administration of those affairs.

[F827 (2)This section applies to a corporate joint committee as it applies to a local authority.F827]

Definitions used in section 151 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
corporate joint committee

“corporate joint committee” means a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 ;

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

Cases considering section 151 6

Lonergan v Gedling Borough Council

[2009] EWCA Civ 1569 · 9 December 2009

The court applies section 151 as the source of the head of finance’s responsibility for proper administration of the authority’s financial affairs, including machinery for enforcing and collecting local revenue. (see para [19])

USK Valley Conservation Group & Ors, R (on the application of) v Brecon Beacons National Park & Ors

[2010] EWHC 71 (Admin) · 27 January 2010

The section 151 officer’s financial report identified the potential compensation consequences and the authority’s limited resources. Those consequences were properly relevant to the expediency decision, although the highest unsupported valuation could not properly be relied upon (see paras [173]-[177]; [217]-[228]).

Hollow & Ors, R (On the Application Of) v Surrey County Council

[2019] EWHC 618 (Admin) · 15 March 2019

The court treated the provision as requiring a local authority to arrange for the proper administration of its financial affairs and to place responsibility for that administration upon an officer. The responsible officer's unchallenged evidence supported the lawfulness of the budgetary process (see paras [22]-[29]; [66]).

What each judgment says about section 151 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F826S. 151 renumbered as s. 151(1) (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 5(2)
  2. F827S. 151(2) inserted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 5(3)

Modifications

  1. C798S. 151 amended (28.11.1994) by S.I. 1994/2825, reg. 26(1)
  2. C799S. 151 applied (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 23(1)
  3. C800S. 151 applied (1.4.2009) by The Charter Trustees Regulations 2009 (S.I. 2009/467), reg. 14(1)