Issue details
Delegating Authority to issue and defend legal proceedings
Section 223 of the Local Government Act 1972 provides that
“Any member or officer of a local authority who is authorised
by that authority to prosecute or defend on their behalf, or to
appear on their behalf in, proceedings before a magistrates’
court shall be entitled to prosecute or defend or to appear in any
such proceedings.”
The purpose and reason for this decision is for Bethany Marwood
(Revenue Officer – Recovery) to be able to issue, defend and
appear on behalf of the Council in proceedings before the
Magistrates’ Court only in the exercise of the functions of
her role.
To facilitate the discharge of Council functions both civil and
criminal in the Magistrates’ Court only in so far as relevant
to the role.
Decision type: Non-key
Decision status: Approved
Notice of proposed decision first published: 26/11/2025
Decision due: 26 Nov 2025 by Executive Director - Resources
Contact: Donna Marks, Legal Services Manager and Deputy Monitoring Officer Email: michael_hewitt@bathnes.gov.uk Email: Donna_marks@bathnes.gov.uk Tel: 01225395298.
Decisions