In this article, Lis Bradshaw looks at the powers of a local authority to proceed by way of injunction pursuant to Section 222 of the Local Government Act 1972. In addition, she addresses issues such as injunctions under Section 152 and 153 of the Housing Act 1996 and remedies under the antisocial behaviour legislation.
This article will look at Section 222 of the Local Government Act and the powers it gives local authorities to take injunctive proceedings. In addition the combined effect of the Section 222 application when used in conjunction with Highways Act legislation is explored along with issues of injunctions both with and without powers of arrest and antisocial behaviour orders.
Section 222 of the Local Government Act 1972 empowers local authorities, where they consider it “expedient for the promotion or protection of the interests of the inhabitants of their area to
a) prosecute or defend or appear in legal proceedings and, in the case of civil proceedings, institute them in their own name, and
b) in their own name, make representations in the interests of the inhabitants at any public inquiry held by or on behalf of any Minister or public body under any enactment”.
Any local authority can institute proceedings under Section 222 if the authority was established under the Local Government Act 1985. This includes County Councils, Borough Councils and District Councils.
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