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Any local authority is a creature of statute. Where a local authority acts beyond its powers, it will be acting ultra vires.

The Local Government Act 1972 (LGA 1972) gives local authorities power to prosecute criminal offences investigated by their own departments.

These departments include:

1. •

   trading standards

2. •

   health and safety

3. •

   environmental health/food safety and hygiene

4. •

   education

5. •

   housing and council tax benefit

LGA 1972, s 222 provides that a local authority can prosecute or defend criminal proceedings where it considers it 'expedient for the promotion or protection of the interests of the inhabitants of their area' (the expediency test). It is for the local authority to determine what is in the interests of its residents and not the courts. In practice this means that in, general terms, local authorities can only enforce offences within their own jurisdiction.

Every case will depend upon its own facts and that a court should be slow to interfere with a local authority's exercise of discretion as to what will promote or protect the interests of their inhabitants.

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