Local Government Act 1972, section 2

Constitution of principal councils in England

Part I Local Government Areas and Authorities in England

(1)For every [F1non-metropolitanF1] county there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(2)For every district there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

[F2 (2A)Where a council mentioned in subsection (1) or (2) above are operating executive arrangements which involve a mayor and cabinet executive F3..., the council shall consist of an elected mayor, a chairman and councillors.F2]

[F4 (2B)In such a case, a reference in this Act to a member of a council is a reference to—

(a)the elected mayor of the council,

(b)the chairman of the council, or

(c)a councillor of the council.F4]

(3) Each council mentioned in subsection (1) or (2) above shall be a body corporate by the name “The County Council” or “The District Council”, as the case may be, with the addition of the name of the particular county or district.

Definitions used in section 2 5

county

“county”, without more, means, in relation to England, a metropolitan county or a non-metropolitan county , but in the expression “county council”, “council of a county”, “county councillor” and “councillor of a county” means, in relation to England, a non-metropolitan county only: ;

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

and “district” means, in relation to a public body other than a local authority, the area for which the public body acts;

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

“district”, without more, means, in relation to England, a metropolitan district or a non-metropolitan district;

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

“executive”, “executive arrangements” and “executive leader” have —

(a)

in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

(b)

in relation to Wales, the same meaning as in Part II of the Local Government Act 2000;

Defined in s.270(1) · see it in the full Act
mayor and cabinet executive

“mayor and cabinet executive” ... has—

(a)

in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

(b)

in relation to Wales, the same meaning as in Part II of the Local Government Act 2000;

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

“elected mayor” has —

(a)

in relation to England, the same meaning as in Part 1A of the Local Government Act 2000, and

(b)

in relation to Wales, the same meaning as in Part II of the Local Government Act 2000;

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

Cases considering section 2 5

Cotham School v Bristol City Council & Ors

[2024] EWHC 154 (Ch) · 2 February 2024Defines

Confirms that a county or district council is a single body corporate, supporting the conclusion that the Council’s statutory capacities do not constitute separate legal persons (see paras [33]-[36]).

Naylor v Essex County Council

[2014] EWHC 2560 (Admin) · 28 July 2014Interprets

Confirms that a district council has only those functions vested in it by enactment. Section 111 cannot itself supply the missing statutory function needed to authorise the activity (see paras [55]-[57]).

Gulliksen v Pembrokeshire County Council

[2002] EWCA Civ 968 · 11 July 2002Defines

Defines, in the court’s obiter observations, a county council as a single body corporate for legal purposes. Confirms, in the court’s obiter observations, that the council’s internal capacities do not create separate legal persons capable of contracting with one another.

What each judgment says about section 2 is in the case-law panel in the full Act.

Amendments and notes

37 notes from legislation.gov.uk

Amendments

  1. F1Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 16 para. 2
  2. F2S. 2(2A) inserted (26.10.2000) by 2000 c. 22, ss. 46, 108(4), Sch. 3 para. 1(1)(2); S.I. 2000/2849, art. 2(e)
  3. F3Words in s. 2(2A) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 2, Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(b)(c)
  4. F4S. 2(2B) inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 74(1), 245(2), Sch. 3 para. 2(2)

Modifications

  1. C12S. 2(2A) restricted by 2000 c. 22, s. 9H(5) (as inserted (3.12.2011 for specified purposes, 9.3.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/628, art. 2(a))
  2. C13S. 2(1) excluded (1.4.1996) by S.I. 1995/493, arts. 1, 6(2)
  3. C14S. 2(1) excluded (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), art. 3(4)
  4. C15S. 2(1) excluded (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), art. 4(4)
  5. C16S. 2(1) excluded (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), art. 3(2), 4(2)
  6. C17S. 2(1) excluded (25.3.2010) by The Norwich and Norfolk (Structural Changes) Order 2010 (S.I. 2010/997), arts. 1, 3(3)
  7. C18S. 2(1) excluded (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 7(2)
  8. C19S. 2(1) excluded (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 3(2)
  9. C20S. 2(1) excluded (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 3(2)
  10. C21S. 2(1) excluded (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 4(4)
  11. C22S. 2(1) excluded (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 3(4)
  12. C23S. 2(1) excluded (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 3(5)
  13. C24S. 2(1) excluded (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 4(5)
  14. C25S. 2(1) excluded (10.3.2026) by The Surrey (Structural Changes) Order 2026 (S.I. 2026/264), arts. 1(1), 4(4), 5(4)
  15. C26S. 2(2) applied (with modifications) (temp. from 8.5.1995 to 31.3.1996) by S.I. 1995/493, art. 18(a)
  16. C27S. 2(2) modified (temp.) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), art. 4(3)(b)
  17. C28S. 2(2) modified (temp.) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), art. 3(3)(b)
  18. C29S. 2(2) modified (temp.) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), art. 4(4)(b)
  19. C30S. 2(2) modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 3(4)
  20. C31S. 2(2) modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 7(4)
  21. C32S. 2(2) applied (with modifications) (temp.) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 3(4)
  22. C33S. 2(2) applied (with modifications) (temp.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 4(3)(b)
  23. C34S. 2(2) applied (with modifications) (temp.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 3(3)(b)
  24. C35S. 2(2) modified (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 4(4)
  25. C36S. 2(2) modified (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 3(4)
  26. C37S. 2(2) modified (10.3.2026) by The Surrey (Structural Changes) Order 2026 (S.I. 2026/264), arts. 1(1), 4(3)(b), 5(3)(b)
  27. C38S. 2(3) restricted by The Wiltshire (Structural Change) Order 2008 (S.I. 2008/490), art. 3(3) (as inserted (31.3.2009) by S.I. 2009/837, art. 6)
  28. C39S. 2(3) restricted by The Cornwall (Structural Change) Order 2008 (S.I. 2008/491), art. 3(3) (as inserted (31.3.2009) by S.I. 2009/837, art. 3)
  29. C40S. 2(3) restricted by The Shropshire (Structural Change) Order 2008 (S.I. 2008/492), art. 3(3) (as inserted (31.3.2009) by S.I. 2009/837, art. 5)
  30. C41S. 2(3) restricted by The County Durham (Structural Change) Order 2008 (S.I. 2008/493), art. 3(3) (as inserted (31.3.2009) by S.I. 2009/837, art. 7)
  31. C42S. 2(3) restricted by The Northumberland (Structural Change) Order 2008 (S.I. 2008/494), art. 3(3) (as inserted (31.3.2009) by S.I. 2009/837, art. 4)
  32. C43S. 2(3) restricted (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 3(3)
  33. C44S. 2(3) restricted (18.3.2022) by The Somerset (Structural Changes) Order 2022 (S.I. 2022/329), arts. 1(1), 3(3)