3.1 Every local authority has a power to enter into contracts for the purpose of or in connection with the discharge of its functions,22 and a power to provide a wider range of services to another local authority.23 When local authorities work together, they become mutually dependent, either not to take decisions which are contrary to the joint purpose, or to provide or pay for a service. Accordingly, as soon as an authority is likely to take on any such potential or actual liability in joint working, it will be sensible for the participating authorities to set out their joint arrangements and liabilities in a legally binding contract. In practice, many instances of joint working can be set up on a simple contractual basis, perhaps with joint decision-making through a Joint Committee or Joint Officer Board, but without the need for creating new legal structures. A Joint Officer Board would be a group consisting of officers from the authorities such as the senior legal, financial and environmental officers.
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22 Local Government (Contracts) Act 1997 s.1.
23 Local Authorities (Goods and Services) Act 1970 s.1.