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—
- a
in the case of a local authority operating a leader and cabinet executive (Wales), the executive leader;
- b
in the case of a local authority operating a mayor and cabinet executive, the elected mayor.
- a