Governance, Statutory Powers & Ultra Vires

We have extensive experience of advising on governance, statutory powers and the ultra vires rule

Many of our Projects specialists were in-house lawyers with local authorities, which adds an extra depth to our experience and expertise. We advise local authority, central government and other public sector clients on their statutory powers and fiduciary duties and in particular on the ultra vires rule, which has developed to ensure that such bodies do not stray beyond their powers. Our experience includes conducting vires audits for clients, for example on the outsourcing of back-office functions to strategic partners.  We have also advised on a number of high profile judicial reviews.

We have advised extensively on the use of the standalone well-being powers introduced in the Local Government Act 2000. New powers of general competence, coupled with greater financial freedoms, will create opportunity for more innovative and flexible service solutions.

We regularly draft certificates under the Local Government (Contracts) Act 1997 and we advise local authority officers and members on the implications of signing such certificates. We also advise members on codes of conduct and probity.

We also advise on qualifying local authorities’ powers to trade commercially in functional activities. We frequently advise on the creation of joint committees and local authority companies, subsidiary accounting requirements and the Prudential Code for Capital Finance in Local Authorities.