The Legislation
2. Section 101(1) of the Local Government Act 1972
(LGA 1972) allows local authorities to arrange for their functions
to be discharged by other local authorities, but subsection (7)
prohibits them from doing so in relation to functions under the
Diseases of Animals Act 1950, which was repealed and replaced
by the Animal Health Act 1981. However, whereas section 67 of
the Diseases of Animals Act 1950 expressed a presumption that
powers would be exercised by the home authority whilst stating
in section 68 that delegation between neighbouring authorities
was permissible, the Animal Health Act 1981 contains no provision
analogous to section 68 of the 1950 Act. The prohibition in LGA
1972 section 101(7) has therefore been unqualified in England
since 1981. The Department believes this position to have been
a legislative oversight. Animal health is the only area in which
authorities are not permitted to delegate to each other.
3. Section 101(7) has already been disapplied in
relation to Welsh councils by section 101(7A), which was inserted
by the Local Government (Wales) Act 1994.
