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ADMINISTRATIVE CONTROL

CENTRAL DEPARTIENTS OF

LOCAL AUTHORITIES IN ENGLAND & WALES.

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Local authorities derive their powers from statutes and are not agents of the central government. They are, broadly speaking, free to carry out their functions within the limits of their statutory powers, and there is no general power of control vesting in any one Minister. Control is exercised by particular Ministers with respect to particular functions and a short account of the various means of control, direct and indirect, is given below.

1. Regulations.

Many Acts conferring functions on local authorities do so in a general way and give power to the appropriate Minister to make regulations dealing with the detailed machinery whereby the Acts can operate.

For instance the Minister of Health is empowered under the Poor Law Act 1930 to make such rates, orders and regulations as he may think fit for a long list of purposes and "generally for carrying this Act into execution in all other respects" (section 136). Similarly, the Education Act 1944, which charges the Minister of Education with the duty of securing "the effective execution by local authorities under his control and direction, of the national policy for providing a varied and comprehensive educational service in every area", enables the Minister to make regulations for a variety of purposes. Other examples can be found in many other Acts, the effects of which are to subject local authorities, in the exercise of these functions, to regulations made by the appropriate Minister.

2. Local authorities' staffs.

While in general the appointment and dismissal of officers of local authorities are in the discretion of the authorities, the appropriate Minister exercises control in the case of certain key officials, usually by way of his consent being required to their appointment, salary or dismissal, or by a power to prescribe qualifications. Officers affected by one or other of these controls include the Clerk of a County Council, (Sec 100 LG 1937 (County Medical Officer (sec. 103), Medical Officers of Health & Sanitary Inspectors (sec. 108-110), Poor Law Officers (sec.10 13, Poor Law Act, 1930) and Chief Constables (Police Act 1856 sec.3 Police Regulations 1933, Art 9).

3. Inspection & Inquiry.

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Poor Law Inspectors, H.H. Inspectors and Inspectors for Public Health purposes have certain statutory powers of inspection and of attending Council meetings. This provides an obvious method for exercising control and influence over local authorities. Ministers may also, under specific Acts,

order local inquiries to be held. Further, under section 284 of the Local Government Act, 1933, the Secretary of State and the Minister of Health are empowered to require local authorities to furnish reports, returns and information with respect to their functions.

4. Control over byelaws, orders, schemes etc, made by local authorities.

(a) Byelaws.

(b) Orders.

(c) Schemes.

Byelaws made by local authorities require to be confirmed by the appropriate Minister, and do not come into force until after the lapse of a period, usually one month, after their confination, or on a date specified by the confirming Minister (sec. 250 L.G.A. 1933).

Many orders made by local authorities, e.g. Compulsory Purchase Order and Clearance Orders under the Housing Acts, require confirmation by the Minister before coming into effeat.

Many acts, e.g. the Education Act 1944 (Schedule I. pts. & require local authorities to prepare schemes or submit proposals setting out how they will exercise the powers conferred by the