LGA publishes draft Bill on "power of general competence"

Last updated:18 March 2010

The LGA have published a draft Bill which establishes a "power of general competence" to act to carry out work or make decisions that would be of "benefit" to their local area.

This power, which would go further than the current power to promote the wellbeing of the local area in the Local Government Act 2000, has gained more currency recently with the legal action over the London Authorities Mutual insurance scheme.

Interestingly, as well as setting out the power, the Act also takes steps to "entrench" it in the statute book, following the example set by the Human Rights Act 1998. Under this principle, it would be more difficult for Government to "chip away" at the power by passing legislation which progressively, and by implication, restricted its ambit.

This implications for scrutineers are potentially significant. The power of general competence would give local authorities to legitimacy to carry out more, and more innovative, work, both itself and in partnership with others. It would give local authorities more of a roving brief to do work - of any kind - which would be of benefit to residents. Scrutineers will doubtless wish to examine the way authorities use these powers, and how they engage in work which is new and unfamiliar.

The full text, with explanatory notes, can be found here:

http://www.lga.gov.uk/lga/aio/9763854