Local Government Act 1972

Changes over time for: Section 222

Version Superseded: 07/05/2024

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222 Power of local authorities to prosecute or defend legal proceedings.E+W

(1)Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area—

(a)they may prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them in their own name, and

(b)they may, in their own name, make representations in the interests of the inhabitants at any public inquiry held by or on behalf of any Minister or public body under any enactment.

(2)In this section “local authority” includes the Common Council [F1, a corporate joint committee] [F2and a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004] [F3and the London Fire Commissioner].

[F4(3)In the application of subsection (1) to a corporate joint committee, the reference to the corporate joint committee’s area is to be read as a reference to the area specified as the corporate joint committee’s area in regulations under Part 5 of the Local Government and Elections (Wales) Act 2021 establishing the corporate joint committee.]

Textual Amendments

F1Words in s. 222(2) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 20(a)

F2Words in s. 222(2) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 26; S.I. 2017/399, reg. 2, Sch. para. 38

F3Words in s. 222(2) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 46; S.I. 2018/227, reg. 4(c)

F4S. 222(3) inserted (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 20(b)

Modifications etc. (not altering text)

C1S. 222 amended by S.I. 1990/1765, art. 4(3)

C2S. 222 modified (7.8.1991) by S.I. 1991/1773, art. 8(2), Sch. 2.

S. 222: certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8, Sch. 2.

C3S. 222 modified (10.1.1992) by S.I. 1991/2913, art. 8(2), Sch. 2.

S. 222: certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2.

S. 222 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 3(1)(g) (with ss. 7(6), 115, 117, Sch. 8 para. 7)