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Local Government Act (Northern Ireland) 2014

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This is the original version (as it was originally enacted).

Allocation and discharge of functions

Allocation and discharge of functions

24.—(1) Where executive arrangements make provision for a streamlined committee executive, they must make provision with respect to the allocation of functions which are the responsibility of the executive among its committees.

(2) Where executive arrangements make provision for a cabinet-style executive, the executive may arrange for the discharge of any of its functions by—

(a)a sub-committee of that executive; or

(b)an officer of the council.

(3) Where executive arrangements make provision for a streamlined committee executive, any committee of that executive may arrange for the discharge of any of the committee’s functions by—

(a)a sub-committee of that committee; or

(b)an officer of the council.

(4) Where by virtue of this section any functions may be discharged by a sub-committee, the sub-committee may arrange for the discharge of any of those functions by an officer of the council.

(5) Any arrangements made by virtue of this section by an executive, committee or sub-committee for the discharge of any functions by a sub-committee or officer are not to prevent the executive, committee or sub-committee by which the arrangements are made from exercising those functions.

Discharge of functions of and by another council

25.—(1) Regulations may make provision for or in connection with enabling an executive of a council to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive—

(a)by another council; or

(b)by the executive of another council.

(2) Regulations may make provision for or in connection with enabling a council to arrange for the discharge of any of its functions by the executive of another council.

(3) The reference in subsection (2) to the functions of a council, in a case where the council is operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the council’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 the executive of another council, the approval of the other council of which the executive is part to such arrangements;

(b)which, in the case of arrangements for the discharge of any functions by another council, enables any of those functions to be delegated;

(c)which, in the case of arrangements for the discharge of any functions by the executive of another council, enables any of those functions to be delegated.

(5) The provisions made under subsection (4)(b) may, in particular, apply or reproduce (with or without modifications) any provisions of sections 7 and 10.

(6) The provision made under subsection (4)(c) may, in particular, apply or reproduce (with or without modifications) any provisions of section 24.

Joint exercise of functions

26.—(1) Regulations may make provision for or in connection with permitting arrangements under section 9 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a council under executive arrangements.

(2) The provision which may be made under subsection (1) includes, in particular, provision—

(a)as to the circumstances in which the executive is to be a party to the arrangements in place of the council;

(b)as to the circumstances in which—

(i)the council, and

(ii)the executive,

are both to be parties to the arrangements;

(c)as to the circumstances in which any functions of the council under section 7(4) or (6) or 11(1)(b), (2) or (3), so far as they relate to any joint committee falling within section 9(2)(a), are instead to be exercised by the executive;

(d)as to the circumstances in which any functions of the council under section 7(4) or (6) or 11(1)(b), (2) or (3), so far as they relate to any such joint committee, are to be exercised by the council;

(e)as to the persons (including officers of the council) who may be appointed to any such joint committee by the executive.

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