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Executive functions |
| Functions which are the responsibility of an executive. |
12. - (1) This section has effect for the purposes of determining the functions of a local authority which are the responsibility of an executive of the authority under executive arrangements.
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(2) The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations-
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(a) to be a function which is not to be the responsibility of an executive of the authority under executive arrangements, |
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(b) to be a function which may be the responsibility of such an executive under such arrangements, or |
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(c) to be a function which- |
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(i) to the extent provided by the regulations is to be the responsibility of such an executive under such arrangements, and
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(ii) to the extent provided by the regulations is not to be the responsibility of such an executive under such arrangements.
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(3) Any functions of a local authority which are not specified in regulations under subsection (2) are to be the responsibility of an executive of the authority under executive arrangements.
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(4) Executive arrangements may make provision for any function of a local authority falling within subsection (2)(b)-
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(a) to be a function which is to be the responsibility of an executive of the authority, or |
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(b) to be a function which- |
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(i) to the extent provided by the arrangements is to be the responsibility of such an executive, and
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(ii) to the extent provided by the arrangements is not to be the responsibility of such an executive.
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(5) The power under subsection (2)(c) or (4)(b) includes power in relation to any function of a local authority-
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(a) to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of a local authority, and |
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(b) to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive. |
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(6) The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.
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(7) A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972, or any provision of that section, does not apply to that function.
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(8) Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of this section, the responsibility of the executive under such arrangements.
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(9) Any function which is the responsibility of an executive of a local authority under executive arrangements-
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(a) is to be regarded as exercisable by the executive on behalf of the authority, and |
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(b) is to be discharged in accordance with any provisions made by or under this Part which relate to the discharge of any such function. |
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(10) Any function which is the responsibility of an executive of a local authority under executive arrangements-
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(a) may not be discharged by the authority, |
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(b) is not to be a function to which section 101(1) of the Local Government Act 1972 applies, and |
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(c) may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 19. |
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(11) Subject to any provision made under subsection (12), any function which, under executive arrangements, is not the responsibility of an executive of a local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.
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(12) The Secretary of State may by regulations make provision with respect to the discharge of any function which, under executive arrangements, is not the responsibility of an executive of a local authority (including provision disapplying section 101 of the Local Government Act 1972 or any provision of that section).
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(13) In this section-
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"action" in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving- |
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(a) the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,
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(b) the doing of anything incidental or conducive to the discharge of the function, or
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(c) the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b),
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"function" means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act. |
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Provisions with respect to executive arrangements |
| Discharge of functions: mayor and cabinet executive. |
13. - (1) Subject to any provision made under section 17, 18 or 19, any functions which, under executive arrangements, are the responsibility of a mayor and cabinet executive are to be discharged in accordance with this section.
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(2) The elected mayor-
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(a) may discharge any of those functions, or |
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(b) may arrange for the discharge of any of those functions- |
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(ii) by another member of the executive,
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(iii) by a committee of the executive, or
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(iv) by an officer of the authority.
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(3) Where by virtue of this section any functions may be discharged by a local authority executive, then, unless the elected mayor otherwise directs, the executive may arrange for the discharge of any of those functions-
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(a) by a committee of the executive, or |
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(b) by an officer of the authority. |
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(4) Where by virtue of this section any functions may be discharged by a member of a local authority executive, then, unless the elected mayor otherwise directs, that member may arrange for the discharge of any of those functions by an officer of the authority.
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(5) Where by virtue of this section any functions may be discharged by a committee of a local authority executive, then, unless the elected mayor otherwise directs, the committee may arrange for the discharge of any of those functions by an officer of the authority.
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(6) Any arrangements made by virtue of this section by an elected mayor, executive, member or committee for the discharge of any functions by an executive, member, committee or officer are not to prevent the elected mayor, executive, member or committee by whom the arrangements are made from exercising those functions.
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| Discharge of functions: leader and cabinet executive. |
14. - (1) Subject to any provision made under section 17, 18 or 19, any functions which, under executive arrangements, are the responsibility of a leader and cabinet executive are to be discharged in accordance with this section.
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(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-
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(b) any members of the executive, |
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(c) any committees of the executive, and |
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(d) any officers of the authority. |
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(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.
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(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-
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(a) may discharge any of those functions, or |
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(b) may arrange for the discharge of any of those functions- |
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(ii) by another member of the executive,
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(iii) by a committee of the executive, or
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(iv) by an officer of the authority.
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(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-
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(a) by a committee of the executive, or |
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(b) by an officer of the authority. |
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(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.
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(7) 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.
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(8) Where the executive leader makes any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct, at that or any subsequent time, 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.
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(9) Any arrangements made by virtue of this section by an executive leader, executive, member or committee for the discharge of any executive 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.
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(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.
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| Discharge of functions: mayor and council manager executive. |
15. - (1) Subject to any provision made under section 17, 18 or 19, the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.
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(2) The executive-
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(a) may discharge any of those functions, or |
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(b) may arrange for the discharge of any of those functions- |
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(i) by the council manager, or
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(ii) by an officer of the authority.
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(3) Where by virtue of this section any functions may be discharged by the council manager of a local authority, the council manager may arrange for the discharge of any of those functions by an officer of the authority.
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(4) Any arrangements made by virtue of this section by an executive or council manager for the discharge of any functions by a council manager or officer are not to prevent the executive or council manager by whom the arrangements are made from exercising those functions.
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| Discharge of functions: s. 11(6) executive. |
16. - (1) The Secretary of State may by regulations make provision with respect to the ways in which any functions which, under executive arrangements, are the responsibility of an executive which takes a form prescribed in regulations under section 11(6) are to be discharged.
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(2) The provision which may be made by regulations under this section includes provision which applies or reproduces (with or without modifications) any provisions of section 13, 14 or 15.
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(3) Nothing in subsection (2) affects the generality of the power under subsection (1).
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(4) Any provision made by regulations under this section is subject to any provision made under section 17, 18 or 19.
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| Discharge of functions by area committees. |
17. - (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 by an area committee of that authority.
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(2) Regulations under this section may impose limitations or restrictions on the arrangements which may be made by virtue of the regulations (including limitations or restrictions on the functions which may be the subject of such arrangements).
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(3) In this section-
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"area committee", in relation to a local authority, means a committee of the authority which has functions in respect of part of the area of the authority and which satisfies such other conditions as may be specified, |
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"specified" means specified in regulations under this section. |
