C1C2C3F1PART 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)

C1C2C3CHAPTER 2Executive arrangements

Discharge of functions

9EADischarge of functions of and by another local authority

1

The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority, 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—

a

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

b

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

2

The Secretary of State may by regulations make provision for or in connection with enabling a relevant authority in England to arrange for the discharge of any of its functions by a 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 relevant authority in England, in a case where the authority is 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, in particular, include provision—

a

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

b

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

c

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

5

The provision made under subsection (4)(b) may, in particular, apply or reproduce (with or without modifications) any provisions of section 101(2) to (4) of the Local Government Act 1972.

6

The provision made under subsection (4)(c) may, in particular, apply or reproduce (with or without modifications) any provisions of section 9E.

7

In this section—

  • “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 2;

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