Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what guidance has been given to local authorities on the delegation of decisions by councillors to council officers in (a) executive, (b) mayoral and (c) committee systems of governance; and whether she has provided guidance on whether the Carltona doctrine applies to local government.

The Local Authorities (Functions and Responsibilities) (England) Regulations 2000, as amended, set out what types of decisions are to be taken by a council’s executive (whether leader and cabinet or mayor and cabinet) and which are to be taken by the full council. Guidance was issued in 2000 and 2001 to assist the initial implementation of executive arrangements in local authorities; we do not consider guidance is currently required to assist authorities in their operation under the Regulations.

The Local Authorities (Committee System) (England) Regulations 2012 set out the equivalent rules on delegations for councils operating the committee system. These Regulations were considered to be self-explanatory.

The Secretary of State has not provided guidance on whether the Carltona doctrine applies to local government.