The Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000

Joint exercise of an executive’s functions

11.—(1) Arrangements made under section 101(5) of the 1972 Act (arrangements for discharge of functions by local authorities), in relation to functions which are the responsibility of an executive of a local authority (within the meaning of Part II of the 2000 Act), by a person on whom the power to do so is conferred by regulation 3, 4 or 5 above, in relation to that authority, shall be made in accordance with this regulation.

(2) Any arrangements made in relation to a function shall be made—

(a) if the function is a function which is also the responsibility of the executive of the other local authority concerned (within the meaning of Part II of the 2000 Act), with the person who, by virtue of regulation 3, 4 or 5 above, has power to make such arrangements in relation to that other authority;

(b) in any other case, with the other local authority (within the meaning of section 101 of the 1972 Act).

(3) If the arrangements provide for the discharge of functions by a joint committee—

(a) appointment of the joint committee shall be made, under section 102(1) of the 1972 Act; and

(b) the number of members to be appointed, their term of office, and the area (if restricted) within which the committee is to exercise its authority shall be fixed, under section 102(2) of the 1972 Act,

in relation to any authority to which regulation 11(2)(b) applies, by that authority, and, in relation to any other authority concerned, by the persons by whom the arrangements are made on behalf of that authority.

(4) A joint committee appointed in accordance with this regulation may, subject to the terms of the arrangements and unless a relevant person, if any, directs otherwise, arrange for the discharge of any of its functions by a sub-committee of the joint committee or an officer of one of the authorities concerned, and any such sub-committee may, subject to the terms of the arrangements and unless the joint committee or a relevant person, if any, directs otherwise, arrange for the discharge of any of its functions by such an officer.

(5) In paragraph (4) above, “a relevant person” means, in relation to any local authority whose functions are the subject of the arrangements—

(a) where the local authority has a mayor and cabinet executive, the elected mayor;

(b) where the local authority has a mayor and council manager executive, the council manager;

(c) where the local authority has a leader and cabinet executive and the power to make the arrangements arises by virtue of—

(i) sub-paragraph (b) or (d) of regulation 4(1) above; or

(ii) sub-paragraph (c) of regulation 4(1) above and, before the executive arranged for the functions referred to in that sub-paragraph to be discharged by the committee of the executive, the executive leader arranged for those functions to be discharged by the executive by virtue of section 15(4)(b)(i) of the 2000 Act,

the executive leader.

(6) Any arrangements made under this regulation shall not prevent the person who made the arrangements from exercising the functions to which they relate.