Local Government Act 1972

The Local Government Act 1972 reorganised the structure of local government in England and Wales, creating the modern two-tier system of counties and districts. The Act abolished a complex patchwork of boroughs, urban districts, and rural districts, replacing them with a uniform structure. It established 47 county councils in England and 8 in Wales, together with 332 district councils. The Act also created the Greater London Council and the metropolitan counties (both abolished by the Local Government Act 1985). The Act defined the functions and powers of local authorities, their internal governance, financial arrangements, and the conduct of local government meetings and proceedings. The Act’s provisions on local authority powers, including the famous section 222 power to institute legal proceedings for the benefit of the area, remain in force.

Legal area: Administrative law governs the exercise of public power, including the structure and functions of public bodies, the grounds for judicial review, and the accountability of government.

Citation: Local Government Act 1972 (1972 c 70)

Full text: https://www.legislation.gov.uk/ukpga/1972/70

Key Provisions

• Part I: New local government areas (counties and districts in England and Wales)
• Part IV: Chairmen, aldermen, and councillors (election and terms of office)
• Part V: Functions of local authorities (powers and duties)
• Section 222: Power of local authority to prosecute or defend legal proceedings
• Schedule 12: Meetings and proceedings of local authorities
• Part VIII: Financial provisions (precepting, borrowing, capital finance)

Significance

The Local Government Act 1972 created the structure of local government that persisted until the 1990s reforms. Its county-district structure has been substantially reformed: metropolitan counties abolished in 1986, Welsh counties replaced by unitary authorities in 1996, GLC abolished in 1986, introduction of unitary authorities in England from the 1990s, creation of combined authorities and metro mayors from 2014. Despite these reforms, the 1972 Act’s core framework for local authority decision-making, including section 222, remains important.