C1C2C3C4C5C6Part IIF1Local authorities in Wales: arrangements with respect to executives etc.

Annotations:
Amendments (Textual)
F1

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)
C1

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

C2

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

C4

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)

C5

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

I119 Discharge of functions of and by another local authority.

1

The F2Welsh Ministers may by regulations make provision for or in connection with enabling an executive of a local authority F3..., or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—

F4a

by a relevant authority (other than the local authority), or

b

by F5a relevant executive (other than an executive of the local authority) or a committee or specified member of such an executive.

2

The F6Welsh Ministers may by regulations make provision for or in connection with enabling a F7relevant authority in Wales to arrange for the discharge of any of their functions by F8a relevant executive (other than an executive of the relevant authority) or a committee or specified member of such an executive.

3

The reference in subsection (2) to the functions of a F9relevant authority in Wales, in a case where the authority are operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority’s executive.

4

Regulations under subsection (1) or (2) may include provision—

a

requiring, in the case of arrangements for the discharge of any functions by F10a relevant executive or a committee or member of such an executive, the approval of the authority F11of which the executive is part to such arrangements,

b

which, in the case of arrangements for the discharge of any functions by a F12relevant authority, enables any of those functions to be delegated,

c

which, in the case of arrangements for the discharge of any functions by F13a relevant executive or a committee or member of such an executive, enables any of those functions to be delegated.

5

The provision which may be made under subsection (4)(b) includes provision which applies or reproduces (with or without modifications) any provisions of section 101(2) to (4) of the M1Local Government Act 1972.

6

The provision which may be made under subsection (4)(c) includes provision which applies or reproduces (with or without modifications) any provisions of section 14(3) to (6), 15(5) to (9) or 16(3) to (5).

7

Nothing in subsection (4), (5) or (6) affects the generality of the power under subsection (1) or (2).

8

In this section F14—

  • "relevant authority” means a local authority within the meaning of section 101 of the Local Government Act 1972;

  • “relevant executive” means an executive of a local authority under either this Part or Part 1A;

  • “specified” means specified in regulations under this section.