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The Legal Framework

Local authorities work within the powers laid down under various Acts of Parliament.  Some of these powers are mandatory, which means that the authority must do what is required by law.  Others are discretionary, allowing an authority to do something if it wishes.

The Council's Monitoring Officer is responsible for ensuring that the Council operates within the law at all times.

Where local authorities exceed their statutory powers, they are regarded as acting outside the law (ultra vires) and can be held to account through legal challenge.

Statutory Officers

The Council is required by law to have the following Statutory Officers:

Head of Paid Service - The Chief Executive
Monitoring Officer - The Strategic Director Law and Governance
Chief Finance Officer - The Strategic Director Finance and Infrastructure
Director of Social Services - The Strategic Director Care & Well-Being
Chief Education Officer - The Strategic Director Communities, Skills and Learning

Details of these, and the Council’s Proper Officers, can be found in Part 2, Article 12 of the Constitution. [ link ]

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