Documents

This LTN explains licensing entertainments, gambling activities (such as bingo) and alcohol sales.

• Legal Topic Note 88 : Event Licensing revised August 2016 (PDF, 58 Kb)

This LTN covers the legislative requirements for local council procurement i.e. the process by which the council awards contracts to third parties to provide goods or services. The document covers the thresholds that apply in legislation and explains the use of the contract finder website. It also explains the requirement for all local councils to have standing orders on contracts.

• Legal Topic Note 87 : Procurement revised June 2018 (PDF, 1.8 Mb)

This LTN outlines the requirement to carry out Disclosure and Barring Service (DBS) checks to monitor the suitability of individuals who work with children and vulnerable adults. It also explains the requirement to maintain lists of individuals who work with children and vulnerable adults.

• Legal Topic Note 86 : The Disclosure and Barring Service revised October 2013 (PDF, 97 Kb)

This LTN explains the rights afforded to local councils under the Localism Act 2011 to nominate an asset of community value to be added to a list maintained by their principal authority. An asset of community value may include, for example, a community centre, village shop, tennis courts or a pub.

• Legal Topic Note 85 : The Community Right to Nominate and Bid for Assets of Community Value (England) revised September 2015 (PDF, 73 Kb)

This LTN explains the 'Community Right to Challenge' which allows local councils (amongst others) to declare an interest in running a service normally provided by a principal authority

• Legal Topic Note 84 - The Community Right to Challenge (England) revised January 2013 (PDF, 90 Kb)

This LTN considers the implications of the Localism Act 2011 for shaping development in the community through neighbourhood planning. It covers all aspects of the process including designating the neighbourhood plan area, submitting the proposal, the role of the local planning authority and independent examiner and referendums.

• Legal Topic Note 83 : Neighbourhood Planning revised June 2012 (PDF, 105 Kb)

This LTN describes the circumstances in which a local council may compulsorily purchase land and the procedure for doing so.

• Legal Topic Note 81 : Pre-Determination revised January 2018 (PDF, 120 Kb)

This LTN uses caselaw to provide guidance on how decision makers such as local councillors should avoid bias and pre-determination.

• Legal Topic Note 81 : Pre-Determination revised August 2014 (PDF, 124 Kb)

This LTN outlines the need for councillors to complete a register of interests and also 'declare interests' at council meetings. It explains the code of conduct and the handling of code of conduct complaints against councillors. This is recommended reading for all councillors.

• Legal Topic Note 80 : Members' Conduct and the Registration and Declaration of Interests (England) revised March 2017 (PDF, 97 Kb)

This LTN explains the requirement on all local councils to enrol eligible job holders onto a qualifying pension scheme such as the Local Government Pension Scheme.

• Legal Topic Note 79 : Staff Pensions revised May 2016 (PDF, 73 Kb)

This LTN outlines key provisions of The Equality Act 2010 which protects individuals from discrimination. This act replaced legislation such as the Sex Discrimiation Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995 and Equal Pay Act 1970.

The Act protects individuals from discrimination because of age, disability, gender reassignment, marriage and civil partnership, sex (gender), pregnancy and maternity (a protected characteristic separate to sex), race, religion or belief, sexual orientation.

• Legal Topic Note 78 : The Equality Act 2010 revised January 2013 (PDF, 125 Kb)

This LTN gives an overview of the law relating to public rights of way. It explains what they are, how they are created and covers issues particular to local councils. Also refer to LTN47 - Easements and LTN57 - Easements over common land and village greens.

• Legal Topic Note 77 : Public Rights of Way revised June 2014 (PDF, 77 Kb)

This LTN explains the requirements to display energy use certificates in council buildings which are open to the public having a floor area of over 250m2.

• Legal Topic Note 76 : Energy Performance Requirements revised May 2014 (PDF, 42 Kb)

This LTN explains the information which should be included in a lease and the process to follow in drafting a lease including professional advice. It goes on to advise on rent reviews, repairing obligations and insurance.

• Legal Topic Note 75 : Lease Negotiations revised July 2012 (PDF, 149 Kb)

This LTN explains the process for a local council to change its style (e.g. parish, town, community or village council) and refers to all relevant legislation.

• Legal Topic Note 74 : Alternative Names and Styles for Parish Councils revised July 2008 (PDF, 34 Kb)

This LTN considers the use of community governance reviews to create, abolish, alter or group parish councils.

• Legal Topic Note 73 : Community Governance Reviews revised July 2015 (PDF, 84 Kb)

This LTN explains the legislative powers of the highways authority to carry out works to the highway including traffic calming and signage.

• Legal Topic Note 72 - Highways revised July 2012 (PDF, 51 Kb)

This LTN covers the two separate and mutually exclusive sets of statutory provisions which govern the naming and numbering of streets in England.

• Legal Topic Note 71 : Naming and Numbering of Streets revised November 2017 (PDF, 33 Kb)

This LTN gives an overview of the powers of principal authorities so parish councils can make representations with regard to the environment and the appearance of the local environment. Includes vehicles on the road, abandoned vehicles, graffiti and fly posting, noise and lighting.

• Legal Topic Note 70 : The Local Environment revised September 2017 (PDF, 53 Kb)

This LTN gives an overview of provisions to enable local councils to make representations regarding anti-social behaviour following the introduction of the Anti-social Behaviour, Crime and Policing Act 2014.

• Legal Topic Note 69 : Anti Social Behaviour and Harrassment revised July 2016 (PDF, 62 Kb)

This LTN explains the legal terms related to negligence including 'duty of care', 'breach of duty' and 'causation'. It also covers the importance for local councils to hold public liability insurance.

• Legal Topic Note 68 : Negligence revised February 2017 (PDF, 54 Kb)

This LTN gives an overview of a civil wrong ( a tort) i.e. private nuisance with reference to the relevant legislation.

• Legal Topic Note 67 : Nuisance (Private) revised October 2014 (PDF, 53 Kb)

This LTN concerns statutory and public nuisance under the Environmental Protection Act 1990. (Note that nuisance defined as private is covered in LTN67)

• Legal Topic Note 66 : Nuisance (Public and Statutory) revised August 2014 (PDF, 47 Kb)

This LTN explains the responsibility for maintenance of a closed churchyard and the standard of maintenance required in a closed churchyard.

• Legal Topic Note 65 : Closed Churchyards and Disused Burial Grounds revised May 2014 (PDF, 54 Kb)

This LTN outlines a local council's legal responsibility for memorials in local council cemeteries. It covers planning, insurance and safety as well as arrangements for closed churchyards.

• Legal Topic Note 64 : Tombstones and Memorials revised May 2014 (PDF, 53 Kb)

This LTN gives an overview on enforcement procedures in respect of planning and building control.

• Legal Topic Note 63 : Planning and Building Control Enforcement revised June 2012 (PDF, 64 Kb)

This LTN explains when planning permission is required for agricultural land and buildings and covers the different classes of agricultural development.

• Legal Topic Note 62 : Planning Control over Agricultural Land and Buildings revised July 2012 (PDF, 53 Kb)

This LTN clarifies the status of a local council at public enquiries.

• Legal Topic Note 61 : The Status of Parish, Town and Community Councils at Public Enquiries revised July 2012 (PDF, 29 Kb)