PART 5LOCAL AUTHORITY FUNCTIONS: DISCHARGE BY COMMITTEES AND COUNCILLORS

Exercise of functions by councillors

I156Exercise of functions by councillors

1

The senior executive member of a local authority may make arrangements for a non-executive member of the authority to exercise a function of the local authority which is the responsibility of the executive.

2

A local authority may make arrangements for a non-executive member of the authority to exercise any other function of the authority.

3

Arrangements under this section may only provide for a non-executive member (N) to exercise functions—

a

in relation to the electoral F1ward for which N is elected, or

b

in relation to N's official membership of a body other than the local authority.

4

No arrangements may be made under this section for the exercise of a function—

a

if, or to the extent that, it is specified in an order made by the Welsh Ministers, or

b

in a manner, or in circumstances, specified in an order made by the Welsh Ministers.

5

Arrangements made under this section for the exercise of a function do not prevent the ordinary exercise of the function.

6

In making arrangements under this section, the senior executive member, or local authority, must have regard to guidance given by the Welsh Ministers.

7

In this section—

a

a reference to the exercise of a function includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the function;

b

a reference to a function which is the responsibility of the executive of a local authority is to be construed in accordance with section 13(8) of the Local Government Act 2000;

c

a reference to N's official membership of a body is a reference to membership of the body which N holds by virtue of—

i

a local authority appointment,

ii

an appointment, other than a local authority appointment, made on a local authority nomination or recommendation or with local authority approval, or

iii

an appointment, other than a local authority appointment, made in compliance with a requirement to appoint a member of a local authority;

d

a reference (in relation to N) to a local authority appointment, nomination or recommendation, or local authority approval, is a reference to an appointment, nomination or recommendation made by, or approval given by—

i

the local authority of which N is a member, or

ii

the executive of that local authority;

e

a reference to the ordinary exercise of a function is a reference to its exercise by the person or persons by whom it is exercisable in the absence of arrangements made under this section.

8

References in this section to a local authority are references to a local authority which operates executive arrangements.

9

In this section—

  • “non-executive member” (“aelod nad yw'n aelod gweithrediaeth”) means a member of a local authority who is not a member of the executive of the authority;

  • “senior executive member” (“aelod gweithrediaeth hŷn”) means—

    1. a

      in the case of a local authority operating a leader and cabinet executive (Wales), the executive leader;

    2. b

      in the case of a local authority operating a mayor and cabinet executive, the elected mayor.

I257Consequential provision

1

In section 100EA of the Local Government Act 1972 (inspection of records relating to functions exercisable by members)—

a

in subsection (1)—

i

for “Secretary of State” substitute “ appropriate authority ”;

ii

after “2007” insert “ or under section 56 of the Local Government (Wales) Measure 2011 ”;

b

after subsection (2) insert—

2A

In this section “appropriate authority” means—

a

in relation to local authorities in England, the Secretary of State;

b

in relation to local authorities in Wales, the Welsh Ministers.

c

in subsection (3), after “Parliament” insert “ (in the case of regulations made by the Secretary of State) or a resolution of the National Assembly for Wales (in the case of regulations made by the Welsh Ministers) ”.

2

In the Local Government Act 2000—

a

in section 13 (functions which are the responsibility of an executive), in subsection (9)(b), after “in England)” insert “ or under section 56 of the Local Government (Wales) Measure 2011 ”;

b

in section 21 (overview and scrutiny committees), in subsection (13)(aa), after “in England)” insert “ or under section 56 of the Local Government (Wales) Measure 2011 ”.