C1C9C10C8C5C12C4C6C7C18C19F1PART 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)
C4

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))

C1C9C10C8C5C12C7C18CHAPTER 2Executive arrangements

Discharge of functions

C17C119EDischarge of functions: general

1

Subject to any provision made under section 9EA or 9EB, any functions which, under executive arrangements, are the responsibility of—

a

a mayor and cabinet executive, or

b

a leader and cabinet executive (England),

are to be discharged in accordance with this section.

2

The senior executive member—

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,

iv

by an area committee, or

v

by an officer of the authority.

3

Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the senior executive member otherwise directs, the executive may arrange for the discharge of any of those functions—

a

by a committee of the executive,

b

by an area committee, or

c

by an officer of the authority.

4

Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the senior executive member otherwise directs, the member who may discharge the functions may arrange for the discharge of any of those functions—

a

by an area committee, or

b

by an officer of the authority.

C2C16C13C145

Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions—

a

by an area committee, or

b

by an officer of the authority.

6

Where by virtue of this section any functions may be discharged by an area committee, then, unless the senior executive member otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.

C15C37

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

8

In this section—

  • “area committee”, in relation to a local authority, means a committee or sub-committee of the authority which satisfies the conditions in subsection (9);

  • “senior executive member” means—

    1. a

      in the case of a mayor and cabinet executive, the elected mayor;

    2. b

      in the case of a leader and cabinet executive (England), the executive leader.

9

A committee or sub-committee of a local authority satisfies the conditions in this subsection if—

a

the committee or sub-committee is established to discharge functions in respect of part of the area of the authority, and

b

the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part.