The legal division monitors developments in both statute and case law
and advises councillors and officers of likely implications of any such
developments on the Council's work. Legal staff attend committee meetings
to give advice on law and procedure.
The legal division should ensure good formal procedures within the authority
and has a central role in drafting standing orders which govern the conduct
of Council and committee meetings, as well as the letting of contracts. Propriety is concerned not only with identifying actual and potential
breaches of the law by the Council, and their prevention, but also with
the general oversight of all the Council's decision-making processes,
so as to ensure that the Council does not act beyond its powers or create
other legal difficulties for itself.
The legal division can give oral or written legal advice on all matters
affecting local government, and undertakes conveyancing, landlord and
tenant and compulsory purchase work as well as debt recovery and tenancy
repossessions in the County Court. It conducts prosecutions for offences
under highways, planning, housing, road traffic and environmental law
and drafts a variety of agreements and contracts. A Council lawyer may
appear to put the Council's case in public inquiries and tribunals, or
act as instructing solicitor when briefing a barrister on the Council's
behalf in public inquiries, or, Crown Court or High Court cases.
The Land Charges section maintains the register of local land charges
against which prospective purchasers of property can search and discover
whether there are any public law obligations affecting the land. There
may for instance be a "financial charge" where the authority
has carried out works on the land and not recovered its expenditure, or
a "planning charge" restricting the use of the land. |