C3C4C5C18C19C20Part IIF3Local authorities in Wales: arrangements with respect to executives etc.

Annotations:
Amendments (Textual)
F3

Words in Pt. II heading substituted (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 3 para. 9; S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)
C3

Pt. II (ss. 10-48) restricted (W.) (1.4.2002) by S.I. 2002/808, art. 23(a)

C4

Pt. II extended (1.9.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), ss. 183(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

C18

Pt. II applied in part (with modifications) (5.3.2008) by The Cheshire (Structural Changes) Order 2008 (S.I. 2008/634), arts. 1, 7(4)

C19

Pt. II applied in part (with modifications) (28.3.2008) by The Bedfordshire (Structural Changes) Order 2008 (S.I. 2008/907), arts. 1, 16(7)

Provisions with respect to executive arrangements

C1I1C6C10C12C15C8C2115F1Discharge of functions: leader and cabinet executive (Wales)

1

Subject to any provision made under section 18, 19 or 20, any functions which, under executive arrangements, are the responsibility of a F2leader and cabinet executive (Wales) are to be discharged in accordance with this section.

2

The executive arrangements may make provision with respect to the allocation of any functions which are the responsibility of the executive among the following persons—

a

the executive,

b

any members of the executive,

c

any committees of the executive, and

d

any officers of the authority.

3

If the executive arrangements make such provision as is mentioned in subsection (2), any person to whom a function is allocated in accordance with that provision may discharge the function.

4

If or to the extent that the functions which are the responsibility of the executive are not allocated in accordance with such provision as is mentioned in subsection (2), the executive leader—

a

may discharge any of those functions, or

b

may arrange for the discharge of any of those functions—

i

by the executive,

ii

by another member of the executive,

iii

by a committee of the executive, or

iv

by an officer of the authority.

5

Where by virtue of this section any functions may be discharged by a local authority executive, the executive may arrange for the discharge of any of those functions—

a

by a committee of the executive, or

b

by an officer of the authority.

6

Where by virtue of this section any functions may be discharged by a member of a local authority executive, that member may arrange for the discharge of any of those functions by an officer of the authority.

C13C9C14C16C7C11C177

Where by virtue of this section any functions may be discharged by a committee of a local authority executive, the committee may arrange for the discharge of any of those functions by an officer of the authority.

C28

Where the executive leader makes or has made any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct that subsection (5), (6) or (7) (as the case may be) is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as he may direct.

C13C9C16C7C119

Any arrangements made by virtue of this section by an executive leader, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the executive leader, executive, member or committee by whom the arrangements are made from exercising those functions.

10

The reference in subsection (2)(b) to the members of the executive includes a reference to the executive leader, and subsection (6) in its application for the purposes of subsection (2)(b) is to be construed accordingly.