Part II General Functions and Procedure

Exercise of functions: general principles

35 Authority functions to be exercisable by Mayor, Assembly or both.

1

Any function transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed) shall, in accordance with the provisions of this Act, be exercisable—

a

only by the Mayor acting on behalf of the Authority;

b

only by the Assembly so acting; or

c

only by the Mayor and Assembly jointly so acting.

2

Any function—

a

which is transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed), and

b

which (apart from this subsection) is not made exercisable on behalf of the Authority by the Mayor, by the Assembly, or by the Mayor and the Assembly acting jointly,

shall be exercisable only by the Mayor acting on behalf of the Authority.

3

Any function transferred to, or conferred or imposed on, the Mayor by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor acting on behalf of the Authority.

4

Any function transferred to, or conferred or imposed on, the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Assembly acting on behalf of the Authority.

5

Any function transferred to, or conferred or imposed on, the Mayor and the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor and Assembly acting jointly on behalf of the Authority.

6

Subsections (3) and (4) above are subject to subsection (5) above.

7

Any reference in this Act to—

a

functions of the Authority,

b

functions of the Mayor,

c

functions of the Assembly, or

d

functions of the Mayor and Assembly,

shall be construed in accordance with the foregoing provisions of this section.

8

Subsections (1) to (7) above are subject to any express provision to the contrary in this Act.

9

Subsections (2) and (3) above are without prejudice to section 38 below and Schedule 4 to this Act.

10

This section is subject, in particular, to Part II of the M1Deregulation and Contracting Out Act 1994 (contracting out).