Local Government and Public Involvement in Health Act 2007

236 Exercise of functions by local councillors in England E+W

(1) Arrangements may be made in accordance with this section for the discharge of any function of a local authority by a member of the authority, to the extent that the function is exercisable in relation to the electoral division or ward for which the member is elected.

(2) In the case of a function of a local authority operating executive arrangements which is the responsibility of the executive—

(a) it is for the senior executive member to make the arrangements; and

(b) arrangements under this section may not permit the discharge of the function by a member of the executive if it may be discharged by him by virtue of arrangements under section 14(2)(b)(ii) of the Local Government Act 2000 (c. 22) (discharge of functions: general).

(3) In any other case it is for the local authority to make the arrangements.

(4) No arrangements may be made under this section for the discharge by a member of a local authority of any function—

(a) which is, or to the extent that it is, specified in an order made by the Secretary of State; or

(b) in any manner or in circumstances so specified.

(5) Any arrangements made under this section with respect to the discharge of any function are not to prevent its discharge—

(a) by the person who made the arrangements; or

(b) in any other way in which the function is permitted to be discharged by or under any enactment.

(6) In this section, “local authority” means—

(a) the council of a county in England;

(b) a district council; or

(c) a London borough council.

(7) In this section—

• “executive” and “executive arrangements” have the same meanings as in Part 2 of the Local Government Act 2000 (c. 22) (arrangements with respect to executives etc);

• “senior executive member” has the same meaning as in section 14 of that Act;

and any reference to a function which is the responsibility of the executive of a local authority is to be construed in accordance with section 13(8) of that Act (functions which are the responsibility of an executive).

(8) Any reference in this section to the discharge of any function includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of that function.

F1 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 236(9) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(c)

Commencement Information

I1 S. 236 in force at 12.12.2008 for specified purposes by S.I. 2008/3110, art. 2(h)

I2 S. 236 in force at 1.4.2009 in so far as not already in force by S.I. 2008/3110, art. 4(i)