C1C7C8C6C3C9C2C4C5C10C11F1PART 1AArrangements with respect to local authority governance in England

Annotations:
Amendments (Textual)
F1

Pt. 1A inserted (3.12.2011 for specified purposes, 15.1.2012 for the insertion of Pt. 1A Ch. 4 so far as not already in force and ss. 9B, 9C and 9R for specified purposes, 9.3.2012 for the insertion of ss. 9H-9HE in so far as not already in force and s. 9R for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/57, art. 4(1)(b) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)
C2

Pt. 1A modified by S.I. 2008/2113, reg. 10 (as substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(3))

CHAPTER 3The committee system

9JSecretary of State's power to prohibit delegation of functions etc

1

The Secretary of State may by regulations—

a

specify or describe any function of a committee system local authority that is to be a non-delegable function;

b

specify or describe cases or circumstances in which any specified or described function of a committee system local authority is to be a non-delegable function;

c

specify or describe any action in connection with the discharge of a function of a committee system local authority that is to be a non-delegable action;

d

specify or describe cases or circumstances in which any specified or described action in connection with the discharge of a function of a committee system local authority is to be a non-delegable action.

2

If a function or action is non-delegable—

a

it must be carried out by the local authority, and

b

such provisions of section 101 of the Local Government Act 1972 as may be specified in regulations under this section do not apply to it.

3

In this Part “committee system local authority” means a local authority that operates a committee system.

4

For the purposes of this section, something is specified or described if it is specified or described in regulations made by the Secretary of State under this section.

5

In this section—

  • “action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—

    1. a

      the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,

    2. b

      the doing of anything incidental or conducive to the discharge of the function, or

    3. c

      the doing of anything expedient in connection with the discharge of the function or any action within paragraph (a) or (b);

  • “function” means a function of any nature, whether conferred or otherwise arising before, on or after this section comes into force.

9JAOverview and scrutiny committee

1

A committee system local authority may by resolution appoint one or more committees as the authority's overview and scrutiny committee or, as the case may be, committees.

2

The Secretary of State may by regulations make provision about—

a

the functions, composition and procedure of a committee that has been appointed as an overview and scrutiny committee under this section, and

b

the appointment by committee system local authorities of joint committees and sub-committees as overview and scrutiny committees.

3

Provision under subsection (2) may, in particular, include provision which applies or reproduces (with or without modifications) any provision of, or made under, sections 9F to 9FI or paragraphs 6 to 13 of Schedule A1.

9JBOverview and scrutiny: flood risk management

1

A committee system local authority that is a lead local flood authority must review and scrutinise the exercise by risk management authorities of—

a

flood risk management functions, or

b

coastal erosion risk management functions,

which may affect the local authority's area.

2

A local authority may issue such reports and recommendations as it considers appropriate in the course of exercising the function in subsection (1).

3

A risk management authority must comply with a request made by a local authority in the course of exercising the function in subsection (1) for—

a

information;

b

a response to a report.

4

The Secretary of State may make regulations about the duty under subsection (3) which may, in particular, include provision—

a

about the procedure to be followed in relation to requests and compliance with them,

b

about notices to be served in relation to requests,

c

for exemptions from the duty,

d

requiring persons to attend to give information orally,

e

about the nature of the information and responses that may be requested, and

f

about the publication of requests, information and responses.

5

A risk management authority must have regard to any reports or recommendations mentioned in subsection (2) that relate to it.

6

Expressions used in this section have the same meaning as in Part 1 of the Flood and Water Management Act 2010.