The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a special status to bring proceedings in their own name, thereby overcoming the difficulties … Continue reading Stoke-On-Trent City Council v B and Q (Retail) Ltd: HL 1984
Does paragraph 46(1) of schedule 5 to the Consumer Rights Act 2015 (‘the 2015 Act’) confer power upon a local authority to prosecute consumer offences irrespective of a connection with the area? Alternatively, is that power governed by section 222(1) of the Local Government Act 1972 (‘the 1972 Act’) (a general power to prosecute and … Continue reading City of York Council, Regina (on The Application of) v Auh and Others: CACD 9 Aug 2022
Judges: Gross LJ, William Davis J Citations: [2019] EWHC 2563 (Admin), [2019] WLR(D) 559 Links: Bailii, WLRD Statutes: Local Government Act 1972 101(1)(b) 222(1)(a), Localism Act 2011 1 Jurisdiction: England and Wales Local Government, Criminal Practice Updated: 07 October 2022; Ref: scu.642708
