Local Government Act 1972, section 222

Power of local authorities to prosecute or defend legal proceedings

Part XI General Provisions as to Local Authorities

(1)Where a local authority[F960 or a combined authority or combined county authorityF960] consider it expedient for the promotion or protection of the interests of the inhabitants of their area—

(a)they may prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them in their own name, and

(b)they may, in their own name, make representations in the interests of the inhabitants at any public inquiry held by or on behalf of any Minister or public body under any enactment.

(2) In this section “local authority” includes the Common Council[F961 , a corporate joint committee F961][F962 and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 F962][F963 and the London Fire Commissioner F963] .

[F964 (3)In the application of subsection (1) to a corporate joint committee, the reference to the corporate joint committee’s area is to be read as a reference to the area specified as the corporate joint committee’s area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee.F964]

Definitions used in section 222 7

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
combined authority

“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009 ;”;

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

“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 ;

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

“public body” includes—

(a)

a local authority and a joint board on which, and a joint committee on which, a local authority or parish meeting are represented;

(b)

any trustees, commissioners or other persons who, for public purposes and not for their own profit, act under any enactment or instrument for the improvement of any place, for the supply of water to any place, or for providing or maintaining a cemetery or market in any place; and

(c)

any other authority having powers of levying or issuing a precept for any rate for public purposes;

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
Common Council

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

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
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 222 87

Natural England v Andrew Jonathan Chubb Cooper

[2025] EWCA Civ 15 · 16 January 2025Defines

Illustrates an express power permitting a local authority to institute civil proceedings in its own name. The court distinguished this standing provision from the separate question of incidental power. (see paras [80], [113], [117])

City of York Council, R (on the application of) v AUH & Ors.

[2022] EWCA Crim 1113 · 9 August 2022Limits

Interprets section 222(1) as a general power enabling local authorities to engage in legal proceedings where they consider that course expedient for promoting or protecting inhabitants’ interests. It does not qualify a later specific power, such as paragraph 46(1) of Schedule 5 to the Consumer Rights Act 2015 (see paras [30]-[37]).

Sharif v Birmingham City Council

[2020] EWCA Civ 1488 · 10 November 2020

The section empowered the Council to seek preventive injunctive relief. The availability of a public spaces protection order did not displace that jurisdiction or make its exercise inappropriate where nothing short of an injunction would effectively restrain the continuing conduct. (see paras [20]; [37]-[42])

67 more judgments, and what each says about section 222, are in the case-law panel in the full Act.

Amendments and notes

35 notes from legislation.gov.uk

Amendments

  1. F960Words in s. 222(1) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 23 para. 3 (with s. 102)
  2. F961Words in s. 222(2) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 20(a)
  3. F962Words in s. 222(2) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 26; S.I. 2017/399, reg. 2, Sch. para. 38
  4. F963Words in s. 222(2) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 46; S.I. 2018/227, reg. 4(c)
  5. F964S. 222(3) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 20(b)

Modifications

  1. C870S. 222 amended by S.I. 1990/1765, art. 4(3)
  2. C871S. 222 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.
  3. C872S. 222 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.
  4. C873S. 222 modified (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), art. 29(1)(h)
  5. C874Ss. 222-223 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.
  6. C875S. 222 modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.
  7. C876Ss. 222-223 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
  8. C877S. 222 modified (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 11(b)
  9. C878S. 222 modified (1.4.2014) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 (S.I. 2014/863), arts. 1, 11(b)
  10. C879S. 222 modified (1.4.2014) by The West Yorkshire Combined Authority Order 2014 (S.I. 2014/864), arts. 1(2), 11(b)
  11. C880S. 222 modified (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), arts. 1, 14(b) (with art. 8(4))
  12. C881S. 222 modified (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 13(b)
  13. C882S. 222 modified (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 8(c)
  14. C883S. 222 modified (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), arts. 1(2), 11(b)
  15. C884S. 222 modified (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 26(c)
  16. C885S. 222 modified (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 13(c)
  17. C886Ss. 222-223 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
  18. C887S. 222 modified (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 19(3)(f)
  19. C888S. 222 modified (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 20(2)(c) (with art. 28)
  20. C889S. 222 modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 26(1)(e)
  21. C890S. 222 applied (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 33
  22. C891S. 222 applied (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 48(1)(2) (with art. 9)
  23. C892S. 222 modified (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 28(1)
  24. C893S. 222 modified (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 18
  25. C894S. 222 modified (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 20
  26. C895S. 222 modified (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 30
  27. C896S. 222 modified (24.2.2026) by The Cumbria Combined Authority Order 2026 (S.I. 2026/158), arts. 1(2), 15(1)(b)
  28. C897S. 222 modified (24.2.2026) by The Cheshire and Warrington Combined Authority Order 2026 (S.I. 2026/159), arts. 1(2), 16(1)(b)
  29. C898S. 222 modified (26.3.2026) by The Sussex and Brighton Combined County Authority Regulations 2026 (S.I. 2026/362), regs. 1(2), 14(1)(b)
  30. C899S. 222 modified (4.6.2026) by The Hampshire and the Solent Combined County Authority Regulations 2026 (S.I. 2026/595), regs. 1(2), 15(1)(b)