Local Government Act 2002

Decision-making

76 Decision-making

(1)

Every decision made by a local authority must be made in accordance with such of the provisions of sections 77, 78, 80, 81, and 82 as are applicable.

(2)

Subsection (1) is subject, in relation to compliance with sections 77 and 78, to the judgments made by the local authority under section 79.

(3)

A local authority—

(a)

must ensure that, subject to subsection (2), its decision-making processes promote compliance with subsection (1); and

(b)

in the case of a significant decision, must ensure, before the decision is made, that subsection (1) has been appropriately observed.

(4)

For the avoidance of doubt, it is declared that, subject to subsection (2), subsection (1) applies to every decision made by or on behalf of a local authority, including a decision not to take any action.

(5)

Where a local authority is authorised or required to make a decision in the exercise of any power, authority, or jurisdiction given to it by this Act or any other enactment or by any bylaws, the provisions of subsections (1) to (4) and the provisions applied by those subsections, unless inconsistent with specific requirements of the Act, enactment, or bylaws under which the decision is to be made, apply in relation to the making of the decision.

(6)

This section and the sections applied by this section do not limit any duty or obligation imposed on a local authority by any other enactment.